Costa Rica

ABIL Lawyers

Marco Abellan

San José, Costa Rica

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RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
GROUNDS FOR INADMISSIBILITY
DEPENDENTS
SETTLEMENT & CITIZENSHIP
PRESENT CLIMATE

RELEVANT GOVERNMENT ENTITIES

ADMINISTRATIVE

General Directorate of Immigration

Ministry of Security

Immigration Administrative Tribunal

Costa Rican Social Security Agency

Ministry of Foreign Affairs

Ministry of Commerce

Promotora de Comercio (PROCOMER)

ENFORCEMENT

General Directorate of Immigration

Immigration Administrative Tribunal

Public Force of Costa Rica (Fuerza Publica)

Judicial Organization of Investigation (OIJ)

Supreme Court of Justice

LEGISLATIVE

General Directorate of Immigration

Legislative Assembly (Congress)

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SOURCES & CONFLICTS OF LAW

SOURCES OF LAW

General Immigration Law 8764

Regulation of the General Immigration Law 37112-GOB

Law 9095 Against Human Trafficking

Regulation for Registered Companies 36576-G-Comex

Remote Workers and International Service Providers Law 10008

Investors, Pensioners and Rentiers Law 9996

Entry Visa Regulation DG-30-10-2023-AJ

Regulations for the granting of Visas 36626-G

The Hague Apostille Convention

Recognition of Migratory Rights for same sex couples and recognition of gender identity in DIMEX Decree 41329-MGP

Refugee Regulations 44501-MGP

Regulation for job authorizations DNE-DML-OF 535-2022 (Ministry of Labor)

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BUSINESS IMMIGRATION

UNSPONSORED BUSINESS-RELATED IMMIGRATION

Self-employment

We do not recommend going down this path, since according to our legislation at this moment, more than 100 job positions are restricted. This applies to self-employment.

Entrepreneur (companies without recognition status by Immigration Authority)

DEFINITION: A foreigner that establishes a business in Costa Rica as Executive, Representative, Manager, Technical Personnel and their Dependents.

REQUIREMENTS:

  • Proof of payment to the Government
  • Copy of the employment contract
  • Company letter
  • Registration before the Tax Administration
  • Insurance Policy
  • Certification of legal status of the company or corporation with an issue date no more than one month prior to the submission of the application for temporary residence for the foreign person
  • Proof that the company or corporation is up to date with the payment of national and municipal taxes.
  • Certification of income by a Certified Public Accountant and Balance Sheet.

EXTENSIONS: This category can be extended every two years.

PROCESSING TIME: 15 months

PERMIT VALIDITY: 2 years

CITIZENSHIP: Possible after living in Costa Rica 5 or 7 years depending on the nationality of the applicant.

LIMITATIONS / RED FLAGS:

  • The foreign applicant must create an operating business in the country.
  • The work permit is only to work for the business. They can be employee / owner.
  • The applicant cannot be self-employed.

Investors / rentiers / pensioners

Investor: Purchase a property, invest in shares of a Costa Rican company, capital funds, securities or project of public interest with a minimum value of $150,000.

  • REQUIREMENTS: Depends on the investment: property, shares, certificate of investment, etc.

Rentier: Proof of income in rents for $2,500 dollars per month.

  • REQUIREMENTS: Letters, shares, legal books, bank letters demonstrating that you received dividends for $2,500 dollars per month for more than 2 years.

Pensioner: Proof of pension of $1,000 dollars per month. The letter must be issued by the appropriate entity.

  • REQUIREMENTS:
    • Birth Certificate apostille.
    • Federal or National (depending on the country) Criminal Record apostille with less than 6 months of issued.
    • Marriage Certificate apostille.
    • Other documents can be requested depending on the case.

EXTENSIONS: This category can be extended every two years.

PROCESSING TIME: 12 months

PERMIT VALIDITY: 2 years

PERMANENT RESIDENCE: After three years holding the Temporary Residency, the applicant can request the change of status.

CITIZENSHIP: Possible after living in Costa Rica 5 or 7 years depending on the nationality of the applicant.

Business visitor

This visa can be obtained at the Costa Rican consulate or at the Visa Department. This will depend on the nationality of the applicant. The process is different when a Costa Rica company is sponsoring the visa.

PROCESSING TIME: Depends on the Consulate or the Visa Department. Usually takes 30-90 business days.

Students & intern options

This visa will allow foreign to study in the country for 1 year with the possibility to renew the permit for the same term if they continue to study in the country.

GENERAL REQUIREMENTS FOR ALL UNSPONSORED BUSINESS-RELATED IMMIGRATION:

  1. Birth certificate of the foreign person issued in the country of origin, duly legalized and authenticated or apostilled and translated to Spanish.
  1. Certification of the foreign person’s criminal record from their country of origin or from the place where they have legally resided for the last three years, duly legalized and authenticated or apostilled.

In the case of legal residence applications submitted by nationals of Mexico, Brazil, the United States, Canada, or other countries with a dual criminal justice system (i.e., local and federal jurisdictions), the required certifications must include a comprehensive review of criminal records by name, identification number, and fingerprints (when issued by the respective country). This is necessary to ensure that the applicant has no criminal record across the entire territory of their country of origin or in any country where they have legally resided during the past three years.

If the federal criminal record certification shows any pending arrests or legal proceedings, the applicant must also submit a criminal record certificate from the local jurisdiction where the case is being processed, indicating the outcome or current status of the case.

  1. Valid passport
  1. Proof of consular registration

IMPORTANT NOTES:

Fingerprint submission: Fingerprint proof must be presented at the time of registration.

Payment for change of immigration category: Applications involving a change of status from non-resident to any legal residency category must include proof of payment of $200 USD.

Translation of documents: All documents not originally issued in Spanish must be accompanied by a literal translation into Spanish.  Translations must be completed by an official (certified) translator, or a notary public who is fluent in the original language.

Legalization or apostille of foreign public documents: Foreign public documents must be either:

  • Apostilled if the issuing country is a party to the Hague Convention, or
  • Legalized by the Costa Rican Consulate in the issuing country and authenticated by the Costa Rican Ministry of Foreign Affairs and Worship, if the country is not a Hague Convention signatory.

Birth certificates without parental information: If the applicant’s birth certificate does not include the names of their parents, a notarized affidavit with this information must be submitted along with the certificate.

Remote work / Digital nomad

Costa Rica has implemented the Digital Nomad Visa program since 2023.

The term digital nomad refers to an individual who leverages digital technology to work remotely, allowing them to live and travel in various locations while maintaining their professional responsibilities.

REQUIREMENTS:

  • Proof of income of $3,000 dollars individual applicant or $4,000 applicants with family dependents.
  • Copy of the employment contract abroad, letter from company abroad.
  • Local Insurance Policy for coverage $50,000.
  • Specifically for remote workers providing services to clients or companies outside Costa Rica.
  • No income tax liability in Costa Rica for earnings derived from foreign sources.
  • Cannot work for or provide services to Costa Rican companies or clients.
  • No pathway to permanent residency or citizenship through this visa.

EXTENSIONS: Category can be extended only one time for 12 months.

PROCESSING TIME: 45 days

PERMIT VALIDITY: 1 year and can be renewed 1 additional year

PERMANENT RESIDENCE: Not permitted

CITIZENSHIP: Not possible

LIMITATIONS / RED FLAGS:

  • Applicant must live in Costa Rica physically 6 months during the year.

SPONSORED BUSINESS-RELATED IMMIGRATION

Business visitor visa

This visa can be requested at the Visa Department of the Immigration Authority.

PROCESSING TIME: Usually takes 30-90 business days.

VISA AUTHORIZATION: One-time entry

Work visa (Temporary Residency restricted)

DEFINITION: A foreigner that has a job in Costa Rica to work for a company. If the company is registered before Immigration Authority with a status called “Company Recognition,” can obtain approvals in less than 90 days.

REQUIREMENTS:

  • Proof of payment to the Government
  • Copy of the employment contract
  • Company letter
  • Certification of legal status of the company or corporation with an issue date no more than one month prior to the submission of the application for temporary residence for the foreign person.
  • Proof that the company or corporation is up to date with the payment of national taxes.

EXTENSIONS: This category can be extended every two years.

PROCESSING TIME: 45-90 days

PERMIT VALIDITY: 2 years

PERMANENT RESIDENCE: After three years holding the Temporary Residency, the applicant can request the change of status.

DEPENDENTS: Can be included

CITIZENSHIP: Possible after living in Costa Rica 5 or 7 years depending on the nationality of the applicant.

Stay Permit Visa (Special Work Permit):

DEFINITION: A foreigner that has a job in Costa Rica to work for a company. If the company is registered before Immigration Authority with a status called “Company Recognition,” can obtain approvals in less than 90 days.

REQUIREMENTS:

  • Proof of payment to the Government
  • Copy of the employment contract
  • Company letter
  • Certification of legal status of the company or corporation with an issue date no more than one month prior to the submission of the application for temporary residence for the foreign person.
  • Proof that the company or corporation is up to date with the payment of national taxes.

EXTENSIONS: 12 months Stay Permit Visa can be extended one time for the same term.  6 months Stay Permit Visa cannot be extended.

PROCESSING TIME: 30-90 days

DEPENDENTS: Cannot be included

PERMIT VALIDITY: 12 or 6 months

CITIZENSHIP: Possible after living in Costa Rica 5 or 7 years depending on the nationality of the applicant.

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SPONSORS

REQUIREMENTS FOR SPONSORS

In Costa Rica, employers who wish to hire foreign workers must comply with specific immigration and labor regulations, including becoming a recognized sponsor. This is typically done through the Dirección General de Migración y Extranjería (DGME) and the Ministry of Labor (MTSS).

Requirements to become a sponsor

To employ foreign nationals legally, an employer must meet the following criteria:

  • Be a legally registered company or employer in Costa Rica (with a corporate ID number – cédula jurídica)
  • Be registered with the CCSS (Costa Rican Social Security Fund) and in good standing
  • Be current with tax obligations at the Ministry of Finance (Ministerio de Hacienda)
  • Have proof of business operations and a need for foreign labor (e.g., employment contracts, business activity, etc.)
  • Register as a sponsoring entity with the DGME (recommended, not mandatory)

Role of sponsors

  • Initiate the work permit application on behalf of the foreign employee.
  • Provide a valid employment contract and guarantee compliance with labor laws (salary, benefits, working hours, etc.).
  • Ensure the worker’s legal stay by coordinating immigration paperwork.
  • Support the employee’s residence or work permit process (non-residents cannot apply on their own for work authorization).
  • Complete reporting duties of sponsors.

Record-keeping duties of sponsors

  • Copies of the foreign employee’s passport, work permit, and residency documents
  • Employment contract and job description
  • Payment records, including proof of salary payments, CCSS contributions, and taxes
  • Documentation of permit renewal applications, communication with immigration authorities, and any government correspondence
  • Proof of compliance with labor laws and insurance

SANCTIONS, CIVIL & CRIMINAL PENALTIES FOR SPONSORS

Sanctions

Sponsors may face administrative consequences such as:

  • Suspension or revocation of sponsor status (prohibited from sponsoring additional foreign workers).
  • Ineligibility to renew existing work permits for current foreign employees.
  • Payment of penalty fees.

Civil penalties

Fines, which may vary depending on the severity of the infraction and the number of undocumented workers. For example, employing a migrant without legal status can result in fines ranging from 2 to 12 base salaries (salarios base) per violation.

Compensation claims filed by employees for unpaid wages, benefits, or severance.

Liability for social security arrears if the employer fails to enroll or contribute to the CCSS.

Criminal penalties

Under Costa Rican law, certain actions related to the employment of migrants can trigger criminal charges, including:

  • Human trafficking or labor exploitation, especially in cases of underpayment, forced labor, or coercion.
  • Facilitating irregular entry or stay of foreign nationals with the intent of economic exploitation.
  • Use of false documents or fraudulent sponsorship practices.

Impact of non-compliance with the rules on existing sponsored migrants

  • Loss of legal status, which can result in detention or deportation.
  • Inability to renew their work or residency permit if the sponsor loses eligibility.
  • Delays or cancellation of immigration processes, including family reunification or change of category.
  • Lack of labor protection if the worker is not properly enrolled in social security or if there’s no formal contract.

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COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION

  • Lengthy processing times
  • Complex documentation requirements
  • Limited pathways for certain roles
  • Renewal and continuity challenges
  • Employers and workers need to track immigration deadlines carefully.
  • Restrictions on employment during initial stages
  • Bureaucracy & inter-agency coordination

Costa Rica is recognized as one of the most LGBT-friendly countries in Latin America, and this inclusiveness extends to its immigration policies.

  • Same-sex marriage has been legal in Costa Rica since May 2020, following a ruling by the Constitutional Court.
  • Same-sex spouses are recognized equally under immigration law for purposes of family reunification, residency, and dependent status.

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GROUNDS FOR INADMISSIBILITY

Criminal record or security concerns: Applicants who have a criminal background or pending judicial proceedings—particularly for serious crimes such as drug trafficking, human trafficking, terrorism, or organized crime—may be denied entry or residency.

  • Records must show no convictions and must be apostilled/legalized and translated.

Previous immigration violations: Applicants who have previously:

  • Overstayed visas
  • Deported or expelled
  • Violated terms of prior immigration status (e.g., working on a tourist visa) may be banned from re-entry for 5–10 years, depending on the severity.

False or incomplete documentation

Economic ineligibility: Applicants unable to prove economic solvency or who cannot meet minimum income/investment thresholds may be denied.

  • Example: An investor must prove a minimum investment of $150,000 in a qualifying project.
  • Rentista applicants must show $2,500/month in guaranteed income for 2 years.

Lack of Labor Market Justification (Work Permits)

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DEPENDENTS

PERSONS QUALIFYING AS DEPENDENTS

The following family members can be included as dependents:

  • Spouse or legally recognized partner
  • Children under 25 years old, as long as they are single and economically dependent
  • Children of any age with a disability or special needs
  • Parents of the main applicant, if financially dependent (in some cases)
  • Same-sex spouses or partners, provided the union is legally recognized in Costa Rica or in the country of origin
    • Same-sex unions are fully recognized in Costa Rica for immigration purposes (since May 2020). Same-sex spouses have the same rights as heterosexual couples regarding dependent status.

DOCUMENTATION

  • Proof of relationship: Marriage certificate (apostilled and translated), Birth certificates for children (apostilled and translated), or Legal partnership or cohabitation declaration (if applicable)
  • Copy of passport
  • Proof of financial support from the principal applicant
  • Criminal background check (for adults)
  • Health insurance (CCSS)
  • Fingerprints and consular registration

ENTITLEMENT TO WORK OR ATTEND SCHOOL

Dependents are not automatically authorized to work under their residency. To work legally, they must apply for a separate work permit or change of immigration category.

Children can attend school (there is no limitation).

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SETTLEMENT & CITIZENSHIP

PERMANENT RESIDENCE

Maintaining Temporary Residency for 3 Years will allow the foreign national to request permanent residency.

Family link to a Costa Rican.

Processing time is typically 9-12 months, depending on backlog and the completeness of the file.

CITIZENSHIP

Costa Rica allows foreign nationals to apply for citizenship by naturalization after a legally defined period of permanent residency and continuous lawful presence in the country.

Citizens of Spain or Latin American countries5 years of physical presence in the country with legal status
Foreigners of other nationalities (e.g., USA, Canada, EU)7 years of physical presence in the country with legal status
Spouse of a Costa Rican national2 years of marriage + 2 years residency
Child of Costa Rican citizenRegistration must be done before turning 25 years old

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PRESENT CLIMATE

PRESENT CLIMATE & TRENDS

Costa Rica has recently implemented several political and social changes impacting its immigration policy and law, particularly affecting business-related immigration.

  • Perpetual Tourism: In March 2025, Costa Rica proposed legislation to address the issue of “perpetual tourism,” where individuals repeatedly exit and re-enter the country to extend their stay without obtaining proper residency.
  • Extension of Tourist and Business Visitor Stays
  • Consular Registration

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