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Costa Rica: Resolution Implements Key Immigration Procedural Changes

July 11, 2024

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  • Costa RicaCosta Rica

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At a Glance

  • Costa Rica’s General Immigration Directorate published a resolution which implements numerous process changes for most immigration applications submitted on or after July 1, 2024.
  • Some process changes that were relaxed include allowing visa nationals with approved temporary residence permits to enter without a consular visa; applying for temporary residence while abroad; applying beyond an individual’s authorized stay in Costa Rica; increasing the validity of birth certificates; and streamlining biometric requirements, among others.
  • Stricter requirements were also implemented relating to police clearance certificates, consular registration for certain applicants, and stricter scrutiny of applications, among others.

The situation

Costa Rica’s General Immigration Directorate (DGME) published a resolution which implements numerous process changes for most immigration applications submitted and adjudicated on or after July 1, 2024, as well as those which have been submitted, but not yet adjudicated by that date.

A closer look

Notable changes include: 

Change Impact

Visa nationals with approved temporary residence approvals.

  • Visa nationals can now enter Costa Rica without a visa if they have had their temporary residence approved, even before they have obtained their DIMEX.
  • Previously, visa nationals were required to obtain an entry visa to travel to Costa Rica.
  • Visa nationals with temporary residence approvals will be able to enter Costa Rica more quickly since they will not have to obtain a consular entry visa.

Applying for temporary residence from abroad.

  • The DGME is now allowing foreign nationals to submit their Temporary Residence applications while they are abroad. However, in order to take advantage of this new process, applicants must have signed the Specialized Power of Attorney (POA) authorizing a third party to represent them while they were physically present in Costa Rica (or abroad provided an authorized Costa Rican notary public was physically present to witness the signature).
  • Previously, most foreign nationals applying for temporary residence had to be physically present in Costa Rica to both sign the POA and file their application. Otherwise, the DGME could have refused their application.
  • The change does not apply to Short-Stay Visa (Visa de Estancia) applicants, who are still required to be physically present in Costa Rica to submit their visa application, or accredited-company residence applicants since they were already allowed to submit their application while abroad.
  • However, the change affects the dependents of accredited-company residence visas since the DGME previously required these dependents to be physically present in Costa Rica to file their applications.
  • Though foreign nationals still most likely need to travel to Costa Rica to sign the POA, the change can benefit those foreign nationals who were planning on applying while abroad.
  • For example, applicants applying online must first register through the DGME’s online platform (at which point they submit the POA) and must wait for the registration to be approved before they can submit their application. This approval process can take approximately 15 days or more, during which they would previously have had to stay in Costa Rica or returned to file the application. 

Applications beyond the authorized period of stay.

  • The process for foreign nationals whose authorized period of stay as a tourist or business visitor (granted at the port of entry upon arrival) has expired to submit initial immigration applications if they pay a fine, is now regulated and enforced.
  • Previously, the details of this process were not outlined in regulations.
  • There is now more legal clarity for foreign nationals in Costa Rica who have overstayed their authorized period of stay. 

Birth certificates.

  • Birth certificates submitted in support of immigration applications no longer have an expiration date. Previously, they were required to be issued within six months of the application submission.
  • However, if the issued birth certificate expressly states a validity period, it must be submitted to the DGME within that period, as was previously the case for birth certificates valid for less than six months.
  • The elimination of this requirement may alleviate administrative hurdles and speed up document gathering times for foreign nationals who may have had to re-issue and re-apostille/legalize birth certificates during their application process. 

Biometrics.

  • Foreign nationals who are non-accredited applicants, investors, pensioners or rentistas (individuals who can show they have sufficient external income) can provide biometrics during the DIMEX registration process.
  • Previously, they were required to provide biometrics earlier in the application process.
  • Eligible foreign nationals now have more flexibility as to when to submit their biometrics with their immigration applications. 

Police clearance certificates.

  • Foreign nationals who are required to submit a police clearance certificate in support of their immigration application (which typically must be issued at the federal/national level), and whose certificate shows that they have a criminal record, must now submit an additional state/local-level police certificate in support of their application.
  • Previously, this additional certificate was not required.
  • This new requirement adds administrative hurdles, additional costs and potential delays for affected foreign nationals. Foreign nationals with a criminal record may face an increased risk of denial of their immigration application. 

Consular registration.

  • The DGME clarified that foreign nationals applying for initial residence permits or visas in Costa Rica can complete the required consular registration (with their home country consulate in Costa Rica) after approval of their application but before they can apply for their Residence Identity Card.
  • However, as of July 1, 2025, all applicants, except accredited-company applicants, must complete the consular registration before they can apply for a residence permit in Costa Rica.
  • Though this has been the practice since the requirement was implemented in 2012, the clarification in writing will likely result in the DGME exercising less discretion to require that applicants complete their consular registration prior to applying for the residence permit.
  • For non-accredited applicants, the change in process could be cumbersome for applicants who were planning on applying from abroad and only traveling to Costa Rica once their temporary residence was approved.
  • Increased compliance According to the resolution, the DGME will refuse applications that are incomplete or do not meet the legal requirements of the immigration category. While this was previously the rule, in practice, the DGME did not always strictly enforce this rule. Furthermore, applicants who do not submit requests for additional documents or information within the 10-day grace period from when the DGME issues the request will have their applications automatically denied; extensions of the grace period will no longer be granted. As a result of these changes, employers and foreign nationals should ensure they submit documents and immigration applications in a timely manner.
  • Other changes. The resolution implements many other, less impactful changes. Employers and foreign nationals should work with their immigration professionals for case-specific advice.

Background

According to the resolution, the changes are aimed at decreasing the immigration case backlog, and modernizing Costa Rica’s immigration system by creating efficiencies and transparency in immigration processing to keep up with the significant increase of foreign nationals entering the country.

Looking ahead

During the initial implementation of the changes in the resolution, foreign nationals and employers should expect increased scrutiny of applications and possible delays; however, once the system is running, many of these changes are intended to reduce the lengthy processing times that have been occurring lately. Additionally, foreign nationals should be aware that there is likely to be an increased rejection of new applications and applications that are in progress due to the decreased flexibility of authorities regarding incomplete applications. 

The government is expected to publish further clarifications to the current resolution. Fragomen will report on relevant developments. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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  • Costa RicaCosta Rica

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