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Question: My ex-wife and I own some properties in CR. I am living in another country, but she’s still there. The problem is that her Visa is expired since 2 years.
Means 2 years she didn’t exit the CR. Now she has a new passport (previous one was stolen). What will happen when she’ll exit?
ThanksShe[b] may[/b] be required to pay $100 per month for her ‘overstay’ which was put into the law earlier this year. Or she may not be allowed back into Costa Rica for twice the time, so 4 years, that she overstayed.
[quote=”Coyote”]Question: My ex-wife and I own some properties in CR. I am living in another country, but she’s still there. The problem is that her Visa is expired since 2 years.
Means 2 years she didn’t exit the CR. Now she has a new passport (previous one was stolen). What will happen when she’ll exit?
Thanks[/quote]When was the new passport issued, and when she received it did they put any kind of “entry stamp” in it?
Just my opinion. You have two choices.
1) Just try to leave and hope that the inefficiencies of the Costa Rica systems let you get by. The point above about the possibly missing or redated entry stamp on the replacement passport might just be an opening to bluff your way through immigration. But be ready for the consequences. May luck be with you.
2) Contact an immigration lawyer and let them handle it. This will avoid the embarrassment of being arrested at the airport. Someone here may have a reference.
Since you own property in CR the fine may be preferable to a period without returning. And since you own property and spend money in CR you might be able to negotiate the fine.
Link to information on [url=http://www.amcostarica.com/100512.htm]amcostarica,[/url] so scroll down to “Immigration will begin collecting $100 fee for overstayed visa” and I see I was mistaken on the length of time, you may be required to stay out. It is [b]triple[/b][i][/i] the time period…ouch!
A little clarification seems in order, here, folks. 1st of all, what nationality is your wife? What kind of passport does she hold? What type of visa expired? 2nd, what is often called a “visa” is simply an entry stamp, a registration of when you enter or leave the country, It is NOT a Visa. Visas are permissions granted for specific purposes, for a specific amount of time. For example, musicians will receive a performing arts visa so they may legally play a concert and be paid for the performance. Students receive student visas for the period of time they will be in the country studying. Etc, etc. Visiting Americans do not need a tourist visa to be in Costa Rica, only a valid US passport.
As far as overstaying your welcome, a huge, muddy topic here, the chief of immigration told my attorney that as an American, all I need to be in Costa Rica, legally, is a valid passport that is good for at least 90 more days, that’s all. No leaving the country every 90 days or any of that nonsense. Just be sure you have a valid passport that is good for at least 90 more days. That’s straight from the top. Bueno suerte.I disagree with your response.
As an American, unless you have a [b]legal resident status[/b], and have been issued a [i]cedula[/i] or have the paperwork stating that you have been approved and are still awaiting your [i]cedula[/i] (Comprobante expediente) by immigration, you are required to leave/exit Costa Rica to renew your tourist visa/stamp. This only requires a quick trip across the border and it depends entirely on the border agent on how many days that he will write in the space, and it could be 3, 30 or 90 days. You cannot dispute it.
It makes no difference whether you are American, Canadian or European the tourist visa/stamp in your passport, is not valid for any longer than 90 days. Period. Other countries may only be good for 30 days.[quote=”its.cabs”]
As far as overstaying your welcome, a huge, muddy topic here, the chief of immigration told my attorney that as an American, all I need to be in Costa Rica, legally, is a valid passport that is good for at least 90 more days, that’s all. No leaving the country every 90 days or any of that nonsense. Just be sure you have a valid passport that is good for at least 90 more days. That’s straight from the top. Bueno suerte.[/quote]its.cabs –
I think your attorney is wrong, or something was lost in translation, and indeed needs a bit of clarification.As published previously on this site, here is the portion of the current immigration law that specifically states the requirement to leave the country, and the only exception allowed (which now is only an exception if you have a CR drivers license). This section also details the fines and possibility of not being able to return.
[b]LEY GENERAL DE MIGRACIÓN Y EXTRANJERÍA
Nº 8764
Publicada en La Gaceta n.º 170 de 1º de setiembre de 2009
Nota: Rige seis meses después de su publicación.[/b]
__________________________________________
LA ASAMBLEA LEGISLATIVA DE LA REPÚBLICA DE COSTA RICA
DECRETA:
LEY GENERAL DE MIGRACIÓN Y EXTRANJERÍA[b]Article 33[/b]
3) Las personas extranjeras tendrán la obligación de egresar del país cuando venza el plazo de permanencia autorizado por la autoridad migratoria, salvo que medie la solicitud de un cambio de categoría o una prórroga otorgada por dicha autoridad migratoria. Toda estancia irregular en territorio costarricense hará que las personas extranjeras deban cancelar una multa migratoria equivalente a cien dólares moneda de los Estados Unidos de América (US$100,00), por cada mes de estancia irregular en el país o, en su defecto, se les prohibirá el ingreso por un plazo equivalente al triple del tiempo de su permanencia irregular.[b]google translation (emphasis added)[/b]
[b]Article 33[/b]
3) Foreign nationals will be required to leave from the country at the expiration of the period of stay authorized by the migration, [b]except with the request for a change of category or such extension granted by immigration authorities[/b]. Any unauthorized residence in Costa Rican territory by foreigners will be assessed a fine equivalent to one hundred dollars currency of United States of America (U.S. $ 100.00) for each month of illegal residence in the country or, alternatively, be barred from admission for a period equivalent to three times the length of their stay irregular.Seems pretty clear to me, no more “clarification” needed.
[quote=”costaricafinca”]Link to information on [url=http://www.amcostarica.com/100512.htm]amcostarica,[/url] so scroll down to “Immigration will begin collecting $100 fee for overstayed visa” and I see I was mistaken on the length of time, you may be required to stay out. It is [b]triple[/b][i][/i] the time period…ouch![/quote]
Thank you, but it’s not clear; the article says ” at the beginning of next year…”. And the parution date is Oct. 2012. So…???
I would advise you to contact either immigration or an immigration specialist, but I was under the impression, that these ‘fines and consequences’ were already in effect.
Even if your ex-wife manages to leave without paying, the overstay will show up, when she returns….When we moved to CR, 12 years ago, there was no problem overstaying the 90 days, as long as you went to immigration, prior to your planned exit, and paying an overstay fee of $1 per month.
[quote=”Coyote”]
Thank you, but it’s not clear; the article says ” at the beginning of next year…”. And the parution date is Oct. 2012. So…???[/quote]This is also part of the AMCR article on immigration:
[i]”The provisions for the fee and the requirement to stay out of the country for three times the illegal period are in the 2010 immigration law, but the measure had not been enforced until now.”[/i]
So it appears that they have the right to enforce it now but have elected to wait until “the beginning of next year”. So if you are over your 90 days, it may behoove you to make a quick dash to the border within the next 48 hours. Happy New Year!
In response to an inquiry, I received this email from Attorney Roger Petersen on 20th September 2012….
“Article 33 (3) of the 2010 Immigration Law stipulates that all foreigners must leave the country when their visa status expires. Those that remain in Costa Rica under illegal status will have to pay $100 per month for each month they overstay – if they fail to pay they will not be readmitted to the country. The actual text of the Law (Law 8764 Article 33 (3)) is set forth below.
Now. The application of that law was SUSPENDED temporarily to allow all the illegal residents to legalize and fix their immigration status. At first they gave a 6 month grace period and then have continued to extend it. The final deadline given by Immigration for all foreigner to get their status in order is November 9th, 2012.
After that it appears, no way to confirm, that they will begin applying the law and being harsher on those that are here illegally. After all everybody has been on notice for 2 years that this was coming.”
3) Las personas extranjeras tendrán la obligación de egresar del país cuando venza el plazo de permanencia autorizado por la autoridad migratoria, salvo que medie la solicitud de un cambio de categoría o una prórroga otorgada por dicha autoridad migratoria. Toda estancia irregular en territorio costarricense hará que las personas extranjeras deban cancelar una multa migratoria equivalente a cien dólares moneda de los Estados Unidos de América (US$100,00), por cada mes de estancia irregular en el país o, en su defecto, se les prohibirá el ingreso por un plazo equivalente al triple del tiempo de su permanencia irregular.
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