As our previous post mentioned, Costa Rica is currently one of the preferred international destinations for citizens of the developed nations to invest or retire. It is the obligation of the Costa Rican Immigration Law to control all the related aspects about significant migratory trends and to offer advantages for those who are willing to relocate to Costa Rica. In this post, we will discuss specifically about two of the main types of residencies offered by the Costa Rican Immigration authorities and the possible changes that could affect them in the near future, those residencies are: Rentist or Pensioner.
To become a Rentist, according to Costa Rican Law, the basic requirement is to receive a monthly income of no less than US $1.000 in a recognized local or foreign bank. To become a Pensioner, the requirement is to receive a monthly life pension of no less than US $600, both types of residencies are allowed to get involved in business activities; however they can’t be hired as employees of Costa Rican Companies.
Regarding the aforementioned categories, there is a mayor concern derived from a bill currently in discussion in the Congress, named General Immigration Law. It promotes several changes to the current Immigration regulations, among these, the possibility of increasing the established amounts required by the applicants of such regimes. This precise topic is causing great controversy among Costa Rica lawyers, expats and the general public.
According to the proposed content, the minimum amount required to qualify as a Rentist would increase to up to US $5000 (for a single applicant, with the possibility to include the spouse and dependants under 18), concerning the residency for Pensioner, US $2000 (also for a single applicant or a family unit). Some of the Congressmen disagree in increasing the amount in such a drastic way, which is why some of them presented motions to consider amounts such as US $ 1000 related to Pensioner, and between US$2500 and US$3000 for the Rentists however a definite decision has not yet been taken.
Either way, this issue is causing anxiety within the local and foreign communities. Even the members of the Congress have mentioned the fact of receiving hundreds of e-mails about the fear regarding the dramatic increase in the amounts, and the negative effects these might cause to their resident condition already granted. Real Estate agents affirm that upon the approval of these highly increased amounts it is foreseen a new economic damage for Costa Rica’s economy, and it’s not convenient to apply this figures specially considering the economic crisis presently experienced in the entire world.
The government assures that the main reason for increasing the amounts is to respond to the needs of national security, and that the amounts are not as excessive as they seem, instead, necessary for better benefits. Even so, citizens, residents, people from abroad are worried and still consider the amounts potentially required as outrageous, as an obstacle for entering in Costa Rica.
Tuesday, May 26, 2009
Tuesday, May 12, 2009
Costa Rica New Immigration Law: An Introduction
Costa Rica is without a doubt one of the most attractive destinations for expats, retirees and even companies to relocate. The stability, the beauty of its nature, its people, the business opportunities, its strategic location, the qualified labor and many other reasons make Costa Rica one of the safest bets to get away from the developed world without sacrificing convenience, however, the dynamic phenomenon created by thousands citizens of many different cultures has altered Costa Rican society dramatically, the newcomers and the Costa Ricans created a new society which is in need to be better regulated, which is why our government is moved by this situation and as a response is currently considering making changes to the actual Costa Rica Immigration Law. Members of the Congress are considering the following changes:
There might be a conflict between some Costa Rica Immigration rules and Constitutional rights such as transit freedom, identification documents, the right to work and intimacy, which is why, a bill is now been promoted, a law based on the principle of equality in article 33 of our National Constitution (foreigners and nationals have the same rights except those specifically excluded by the Costa Rican Constitution.
Immigrants deserve a right to a due process which guarantees them access to justice, the right to defend themselves, especially in matters of deportation, expulsion or cancellation of their Costa Rica migratory status. Currently foreigners are protected by law and receive a due process, but the new Costa Rica Immigration Law would clarify certain details.
If changing the actual Costa Rica Immigration system, Costa Rican Immigration would become a real national development factor.
Internal regulations have to be adapted within commitments made in international treaties and conventions signed and ratified by Costa Rica, especially those related to human rights.
Due to the motives previously exposed, the bill called “General Law on Immigration”, intends the following:
To be an instrument to fight corruption, with simpler procedures and functional management, in order to facilitate the control, flexibility and agility of procedures.
To establish a new model of Costa Rica Immigration to legalize the process of integration of Immigrants into the social security contribution system and participation in social work in the communities.
To define the crime of human trafficking and the special protection of victims.
The strengthening of the Costa Rican Immigration Police who will be a support unit.
To create the Visa Committee, based on a collegial decision.
To protect the guarantees and rights of the Immigrant population in labor issues, as well as creating a working immigration status. Create an Immigration tax to generate resources for social services that are affected by foreigners.
GLC believes that the changes mentioned above are necessary, however we do not believe that increasing the required amounts to qualify as a costa rica resident are the solution, Costa Rica is still a developing country, there are many areas of the country that require significant investment and enhancement of opportunities, if the new Immigration Law can focus on making sure that the newcomer has a clean police record, that has a guaranteed income and/or specialized qualifications that will not affect Costa Rican workers, that should be enough to enter the Costa Rica.
There might be a conflict between some Costa Rica Immigration rules and Constitutional rights such as transit freedom, identification documents, the right to work and intimacy, which is why, a bill is now been promoted, a law based on the principle of equality in article 33 of our National Constitution (foreigners and nationals have the same rights except those specifically excluded by the Costa Rican Constitution.
Immigrants deserve a right to a due process which guarantees them access to justice, the right to defend themselves, especially in matters of deportation, expulsion or cancellation of their Costa Rica migratory status. Currently foreigners are protected by law and receive a due process, but the new Costa Rica Immigration Law would clarify certain details.
If changing the actual Costa Rica Immigration system, Costa Rican Immigration would become a real national development factor.
Internal regulations have to be adapted within commitments made in international treaties and conventions signed and ratified by Costa Rica, especially those related to human rights.
Due to the motives previously exposed, the bill called “General Law on Immigration”, intends the following:
To be an instrument to fight corruption, with simpler procedures and functional management, in order to facilitate the control, flexibility and agility of procedures.
To establish a new model of Costa Rica Immigration to legalize the process of integration of Immigrants into the social security contribution system and participation in social work in the communities.
To define the crime of human trafficking and the special protection of victims.
The strengthening of the Costa Rican Immigration Police who will be a support unit.
To create the Visa Committee, based on a collegial decision.
To protect the guarantees and rights of the Immigrant population in labor issues, as well as creating a working immigration status. Create an Immigration tax to generate resources for social services that are affected by foreigners.
GLC believes that the changes mentioned above are necessary, however we do not believe that increasing the required amounts to qualify as a costa rica resident are the solution, Costa Rica is still a developing country, there are many areas of the country that require significant investment and enhancement of opportunities, if the new Immigration Law can focus on making sure that the newcomer has a clean police record, that has a guaranteed income and/or specialized qualifications that will not affect Costa Rican workers, that should be enough to enter the Costa Rica.
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