Costa Rica’s New Residency Law Update – Ley de Migracion y Extranjeria

On the morning of April 23, I had a 45 minute conversation with Natalia Cordoba, the chief deputy (asesora) to Olga Marta Corrales Sanchez. Mrs. Sanchez is a member of the Costa Rican Asamblea Nacional and is the president of the Comision Permanente de Gobierno y Administracion, where the changes to the Ley de Migracion y Extranjeria were being handled.

This is what Ms. Cordoba was kind enough to share with me:

• The text of the law is now complete and final. The final changes to the text were made on 22 April and the bill is now ready to be presented to the full floor (“Plenario”) of the Asamblea for a vote by the full Asamblea.
• It is the goal of the President, and the Committee to have a vote take place before the end of the current Extraordinary Session, which ends on April 30, 2009. If for some reason the vote doesn’t happen before the end of the session, the bill will be carried over to the regular Asamblea session, with the understanding that the vote will take place by mid year.
• The final bill represents a compromise on many issues, and is the result of the participation of different affected groups (church, unions, police, human rights groups, business organizations, etc.).
• Of interest to us, Ms. Cordoba said that the overwhelming number of e-mails received last November and December from pensionados and rentista residents helped to convince the committee members to do something to correct the issues listed on the e-mails. She indicated that had it not been for those e-mails and phone calls, some of the issues raised would not have been addressed by the committee members.

Key Changes To Costa Rica’s Immigration Law:

1. Pensionado income will be $1,000 per month, increased from the current $600 per month. The $1,000 applies to both a single applicant and to the family unit (applicant plus spouse and/or other dependants under the age of 18). So, the one pension covers both the husband and wife — same as now.
2. Rentista income increased to $2,500 per month and applies to BOTH a single applicant and to a family unit (applicant plus spouse and/or other dependants under the age of 18). So, it does not make any difference if the applicant is single or is married and has a spouse and five kids, the applicant will have to prove exactly the same amount of unearned income: $2,500 per month.
3. No increased income requirement when renewing carnet. The second sentence of Articulo 263 – Transitorio II, which would have applied the new increased income requirements to all non-permanent residents at the time of the next renewal of the residency carnet, was deleted from the final text. So, if your residency was approved based on a pension of $600+, or $1,000 rentista income, you will have no changes in your income requirements when you renew your carnet after the new law goes into effect. This key change in the text of the law came about as a direct result of our e-mails, which let the Asamblea know someone really cared about this issue.
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4. Mandatory membership in CCSS. Residents will have to join “La Caja” and will need to present proof of membership when renewing the carnets. La Caja Costarricense del Seguro Social (La Caja) is the National Health Insurance System of Costa Rica. Membership in la Caja is mandatory for all Costa Rican employees, workers, managers, etc., but membership is currently voluntary for foreign residents. Membership fees (health insurance premiums) are very low compared to health insurance rates in the U.S. and other industrialized nations.
5. Law goes into effect six (6) months after the approved law is published in La Gazeta, the official Costa Rican government newspaper. Therefore, any residency applications filed prior to the effective date of the law would be treated as filed under the “old” income requirements of $600 for pensionado and $1,000 for rentista.
6. Many changes address human rights issues. This is not the right forum to address those changes but I want to mention that the new law creates an Immigration Commission and a system to appeal the rulings of Migracion y Extranjeria.

I want to take this opportunity to thank all the people and organizations that came together to affect these changes in the text of the proposed law. A reminder that this post is not an exhaustive review of the changes to the text of the law, but, rather, it is a summary of my notes taken during the conversation and reflects the issues I consider important for our clients and friends.

Kindest regards,

Javier Zavaleta
Residency in Costa Rica
P. O. Box 86352, Los Angeles, CA 90086
Tel (323) 255-6116 – Fax (323) 344-1620
In Costa Rica: Tel 506.226.0755 — En español

Andrew Makarik

to@welovecostarica.com

Andrew Makarik is the main editor of WeLoveCostaRica, a fan of this sunny country. He is also a loving husband and a has a lovely daughter. By being a devoted family man and the biggest Costa Rica fan, he wants to make more people feel at home there. WeLoveCostaRica unites people and helps them find new home or a new travel destination. This website is a friendly community where everyone can find not only information, but also new friends and travel pals. Andrew is also passionate about IT and programming, so he himself maintains a friendly atmosphere in this cozy environment of WeLoveCostaRica.com.