Same-Sex Spouses and Qualifying Partners Now Eligible for Dependent Status and Gender Identity Recognized

 

The situation

In preparation for a law to be passed by 2020 that will legalize same-sex marriage, the Costa Rican government has issued two temporary decrees related to immigration matters that are effective immediately.

A closer look

Details of the two decrees are as follows:

• Same-sex spouses/partners. Foreign nationals with same-sex spouses or unmarried same-sex partners whose relationship is considered legal in their country of origin can now include their spouses/partners as dependents on all immigration statuses where a dependent is permitted. Costa Rican citizens with same-sex foreign spouses or unmarried same-sex foreign partners are also eligible for this rule. To do so, applicants must show either: (a) proof of a recognized marriage allowed by the legislation of the country where the marriage took place; or (b) proof of a civil union or any civil partnership that is recognized by legislation in the country where the civil union or partnership took place.
  • Impact. Same-sex spouses and partners of principal applicants can now accompany principal applicants to Costa Rica as dependents without having to apply for a separate status. Moreover, affected individuals already in Costa Rica are eligible to switch to dependent status. Affected individuals will be able to save the time and expenses associated with applying for a separate immigration status.
• Gender identity recognition. Foreign nationals who hold a document from their country of origin recognizing a change of their name or any other facet of their identity can request a gender identity recognition with the Costa Rican Immigration Authorities to reassign their name, image and sex reference on their immigration identification card for foreign nationals (DIMEX). A gender identity recognition will only be granted once, but foreign nationals will have the ability to switch back to their original gender identity.
  • Impact. Foreign nationals will be able to choose their gender identity on their immigration identification card instead of having it assigned to them. 

 

Background

• These temporary decrees have been long-awaited by foreign nationals in Costa Rica. While the Costa Rican Supreme Court gave the Congress until May 26, 2020 to pass laws allowing same-sex marriage, the President and the Ministry of Government and Police have issued the two temporary decrees as an interim measure.
• Costa Rica joins increasing numbers of countries that recognize same-sex marriages and partnerships for immigration benefits. For example, Hong Kong began to allow same-sex partners and spouses to qualify as dependents in late 2018, and the European Court of Justice ruled in June 2018 that all EU Member States must recognize same-sex marriage when evaluating applications for residence rights for dependent same-sex spouses of EU nationals that have resided in other EU countries.

 

Looking ahead

While the decrees are temporary, once a law is passed by the Costa Rican Congress, all impacted government entities, including immigration authorities, are expected to implement permanent decrees, which will finalize the legislative process.

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].