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Just thought I would run this by, to see if anybody has done the same.
We were thinking of doing the tourist thing for 6-12 months before going for residency, to make sure what we are doing is the right thing for us.
We will be contacting a lawyer, but I can not see anything wrong with this idea, they have the tourist visa for a reason I would assume.Thank’s
BrianTourist visas are granted to Americans (at least) for ninety days. The conventional wisdom is that you must then exit Costa Rica and be out of the country for seventy-two continuous hours. That requirement, the 72-hour absence, has been disputed in this forum in the past couple of days, so I’m not sure about it. But what I am sure about is that your visa will only be good for ninety days.
I also read recently that if you go past the nintey days you have to pay $100.00 per month past the time. I will track down where I read this and be back.
David
The 72 hour rule is regarding customs exemptions… ie if you are out of the country for 72 hours or more you can return with certain items duty free… ie cigarettes, booze perfume etc… as far as renewing your tourist visa, you could leave for a couple of hours and return to Costa Rica and stay another 90 days. However, it is up to immigration officials at the border whether they a.) let you back in and b.) for how long… they could stamp your passport with a thirty day visa.That is why it is more widely accepted to leave for 72 hours and then come back. The officials at the border, may not know all the intricacies of the actual law and could refuse you re-entry at any time. Basically it is up to them what they do, but following the 72 hour guideline is probably the best bet.
Brian
Brian, you seem to have a better feel for the ugly truths of these matters than I do, so here’s another question.
You say that, if you’re out of the country for 72 hours, you can re-enter with duty-free alcohol and tobacco products, right? What effect does doing so have on your and my ability to exempt an importation from Customs duty every six months?
By the way, I’ve recently tried to import something and use my “once-every-six-months” Customs duty exemption. Here’s what I learned (the hard way) . . .
First, the exemption only applies to the importation of a SINGLE shipment. You cannot apply it to two or more shipments the total value of which is $500US.
Second, the exemption only applies to one shipment which, IN TOTAL, costs less than $500US. That is, if you import something worth (say) $475 and the shipping and insurance cost $26 or more, you’re out of luck. You’re not eligible for the import duty exemption because the total cost of getting it here is greater than $500. You don’t get the exemption on the FIRST $500, you just don’t get any exemption at all.
Third, while you may qualify for exemption from the Customs duty, you’re still liable for the sales tax that would apply to the item if you were to buy it at retail here in Costa Rica.
We use Aerocasillas as a transshipper. When they process something through Customs and when they act as your agent for the duty exemption, there’s a fee due to them, too. It’s not a backbreaker, but it is an additional cost that must be paid. And there’s some paperwork to shuffle among you, Aerocasillas and Customs.
My conclusion: It ain’t worth it. Just pay the Customs duty along with the other costs, save the additional Aerocasillas fee, and have it over with.
David
You seem to have answered your own question, but let me expand…
When you leave the country, an exit stamp is placed in your passport, when you return this is what they look for. If you are bringing in 200 cigarettes and a bottle of 12 year old rum, they will probably turn a blind eye as this is a “touristy” type of thing to do. As for your 6 month duty exemption, well this brings up other issues for tourists and as you stated it is the TOTAL cost for the item including any shipping costs and insurance cannot exceed $500, as you found out.
As for the tourist, let’s say someone on a tourist visa, goes to San Juan del Sur for 4 days for their “leave” from Costa Rica and buys a hand crafted dining table and chairs for $400. They have a receipt to show the value and a vehicle to carry it, eliminating other costs. When they get to the border they attempt to bring it across “duty free”, sure they are eligible to do so as they haven’t used the once per 6 month claim prior to this, but how many red flags do you think this raises…
Immigration, may, think why is a tourist doing this? And then deny entry and you are stuck in Nicaragua. On the other hand, if it is a resident, with a cedula, then they will look at the pieces and the receipt and IF they believe the value is equal to the receipt, it will pass duty free, however as you pointed out, sales tax will be required and who knows where they get some of those figures! (Check their black book on vehicle values for examples!!!)
The other unfathomable in the equation is the border guard and what does he know? Does he understand the rules, which many of us are struggling to understand, is he going to apply them correctly? Has he had a rough day? It goes on and on…
Finally, I would say if leaving the country as a tourist to re-enter later to renew your visa, follow the 72 hour rule and act and look like a tourist. As for residents… forget about a duty exemption… too much stress… just pay the bill…
Brian
As an addendum… the new law was published today and although I haven’t read it all… perpetual tourists are not covered, but the laws are tightened up and given more teeth. BE Very careful if considering the PT course… think long and hard because once they find you you are gone…
Edited on Sep 01, 2009 10:45
Thank’s for all the input, but bottom line to my idea of doing this virtual tourist scenerio for awhile until I figure things out is that I could get royally screwed if they decided to not let me back in for whatever reason.
I think you have it exactly right, BigB. The spirit, if not the letter, of the law intends that those of us who live here long-term/permanently be legal residents. Otherwise, there wouldn’t be a provision for the temporary (pensionado, rentista and other) residency statuses or for permanent residency in the residency law. So the ability to obtain a tourist visa depends on the interpretation (and maybe the whim) of the Immigration officials.
What a mess it would be to leave for your quarterly 72 hour exit/renewal and be turned away when you try to re-enter. What would you do then?
What would one do then? Hire a boat I suppose.
Guess I will have to load up my wheelbarrow and get on down there.What you need to do, to be completely safe, is to abide by the intent of the law. If you’re going to live in Costa Rica long-term, apply for whatever residency status for which you qualify.
I have a quick comment. Once you file for residency you do not have to leave every 90 days until they make a decision on your application. From my experience the fastest that this will get done on a Rentista application is 9 months and that is with excellent documentation and professionals helping. Typical time is over a year. So, compare the costs of following the rules, filing for temporary residency, and waiting for a response to driving/flying out of the country every 90 days and the associated costs. Good luck. Jerry
Edited on Sep 04, 2009 04:58
Once you have a FOLIO number from Migracion meaning they have received ALL of your documentation and have started processing it… then you don’t have to leave after 90 days… It can be six months before you get that number after you have handed in your residency application… in that time you must still leave every 90 days…
Also, everytime you leave… what assurances have you got that they will let you back in especially after the 2nd or maybe 3rd time… you must be able to show you have the resources to support yourself for the time period (90 days) without working… and come March they will be getting stricter (maybe!)
I have a folio number given to me 5/2007 for a completed residency application . To date still have not had any answers . This is residency through marriage . However , the attorney I used claims I still have to leave every 90 days and I also asked immigration on the 2nd floor of the airport , they say I have to leave every 90 days irregardless of any number . On the flip side your not the first to say one doesn’t have to leave . I think there are 2 sets of law books in Costa Rica and no one knows which one is the official one .
Am I completely out of it now? Have things changed that much? The 72 hour rule is for immigration, not customs. The customs exoneration is available to all, Ticos and foreigners alike, every 6 months. When I applied for my residency, the proof of submission had the immediate effect of legalization, without any further issues.
Sounds like it’s all changing now, but those were the previous rules.
Conclusion: Don’t listen to me or anyone else, unless they’re a CR attorney who specializes in immigration.
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