Home › Forums › Costa Rica Living Forum › Residency & Anchor Babies
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November 29, 2008 at 12:00 am #193772CR2012Member
Does anyone know for sure if a temporary resident or perpetual tourist would be granted permanent residency if they give birth a child in Costa Rica? Are both parents granted this privilege? Further, is residency granted automatically (as in the U.S.) or will the parents still have to submit applications through the ministry?
November 29, 2008 at 11:08 pm #193773maravillaMemberNothing is “automatic” in Costa Rica so you still have to apply; your ace in the hole is your baby born in Costa Rica. The U.S. is now deporting widows of servicemen who have children born in the US but who have not gotten their greencard. Never assume anything when it comes to immigration. You should probably talk to a lawyer or the ARCR.
November 30, 2008 at 11:42 am #193774DavidCMurrayParticipantMaravilla is correct but does not go far enough. There has been one well publicized case in the U.S. in which an illegal immigrant (sorta like a perpetual tourist) had a child in the U.S. and was subsequently deported to her home country. The child, who alone obtains U.S. citizenship by virtue of being born in the U.S., was permitted to remain.
November 30, 2008 at 1:43 pm #193775CR2012MemberSo the child gets CR citizenship automatically but the parent do not. That makes sense, and I imagine that it is easier for a temp resident to get perm residency via child birth than it is for a perpetual tourist. I will certainly be consulting with an attorney prior to making my move to CR.
Thanks very much for your answers.
PS- I hope all of you currently living in CR are enjoying the weather today. Where I live its snowing and very cold. I can’t wait to get away from this climate!
November 30, 2008 at 2:31 pm #193776maravillaMemberDo you already have residency status? If you do, that would be a good thing, but let’s say, you dont, and you have a baby born in CR, and then you apply for residency but uh-oh, you have something in your criminal background check that prohibits the granting of residency, then what? The recent events in the US would give anyone pause who has a baby born in a foreign country and who does not have legal status. The high profile cases are now of the foreign-born widows of Iraqi vets who have had children born in the US, but whose husbands were killed before they had their immigration appointment to prove they had a legal and valid marriage. The US is deporting (or trying to deport) those women, who do not want to leave the US to return to their home country. With the ever-changing laws regarding these situations, do contact a good residency lawyer and find out everything you need to know before you start having foreign-born babies, which may or may not guarantee you anything.
December 1, 2008 at 12:19 am #193777matapaloMemberMy wife and I are going for our permanent residency “appointment” at migracion with our attorney on January 12th. Our son was born in CR at CIMA Hospital on December 28th of last year. We are both “retistas” now and have been for a little over two years. Our son has both his CR and US passport. I can let you know how things go in January but according to our attorney we are also eligible to receive the remaining balance in our “rentista account” or whatever you want to call it.
December 1, 2008 at 3:04 am #193778sumaSalMemberQuote: “and I imagine that it is easier for a temp resident to get perm residency via child birth than it is for a perpetual tourist”.
No, parents will get permanent residency, no matter if they are tourist or temp resident.
December 1, 2008 at 7:01 am #193779costaricafincaParticipantAs long as they have a clean record! And they still have to show all the necessary paperwork.
December 1, 2008 at 10:05 am #193780DavidCMurrayParticipantOkay, now I’m confused . . .
If a temporary resident or tourist still has to meet the requirements for residency, how does having a child here facilitate things?
And somebody please tell me that we’re not talking about bringing a child into this world just to speed up the process of obtaining residency in Costa Rica . . . please!
December 1, 2008 at 10:20 am #193781aguirrewarMemberSimple:
It is called “Vinculos Familiares” this qualifies you for automatic an residency and work permit. You carry your (temp) papers until the process is finished, some people say 1 year and you have your permanent residency papers
How do I know this? Because my son was born in CR and I asked a lawyer and that is what he told me. I only need the Police Report and birth certificate, my son his passport and cedula to prove Vinculos Familiares.
Warren
December 1, 2008 at 10:58 am #193782matapaloMemberBeing a rentista, we already had to meet the requirements (letter from police in US stating no criminal record, $60K, visit to the CR police department for an interview, etc…) to obtain our cedulas. Having the child gives us the right to apply for permanent residency since our son is a citizen of CR but does not “speed up the process” or allow us not to bypass any requirements. This is how I understand it from our attorney. If we wanted to have a baby to speed up residency I sure wouldn’t have plopped down the $60K two years ago. I would have done the tourist thing every 90 days and put the money to work somewhere else because I’m definitely not getting rich of the interest.
December 1, 2008 at 11:09 am #193783aguirrewarMemberMatapalo:
You did your paperwork while being in CR as a “Rentista” first and now with your son born in CR.
My son is 26 years old and in CR, I will do my pepers before I go to CR, there is a Hugh difference.
December 1, 2008 at 1:54 pm #193784CR2012MemberRelax, David- I’m not talking about having a child only for the sake of gaining my own personal residency. If I’m not mistaken, the child will help facilitate permanent residency by foregoing the two year wait for a temp resident to gain perm residency. Am I right?
December 1, 2008 at 2:27 pm #193785maravillaMemberIt’s not two years but three years to go from one status of temporary residency to permanent residency, isn’t it?
And David, yes, I know more than a few people who had babies JUST for this express purpose, just as the illegal immigrants have babies in the US.
December 4, 2008 at 3:10 pm #193786daddydogMemberI am still trying to find out if Permanent Residency is a safe haven from the new law. A yes or no will do. If no I must join the Exodus to Panama like thousands of others.
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