Do you want to immigrate and live in Costa Rica?

We are expert immigration lawyers and we can help you secure your Visa or Residency in Costa Rica.

 

On this site, you will find valuable information on the different immigration legal categories you can apply to relocate to Costa Rica; alongside frequently asked questions (FAQ) on the application process before the Migration Authority (Direccion General de Migracion y Extranjería)

 

I moved to Costa Rica 10 years ago. The big immigration law firms said I was not going to be able to get a residency, but I proved them wrong… I have the experience on the first hand how to navigate the immigration system, and I use that experience and the knowledge gained in my practice as an attorney to help YOU navigate smoothly through your immigration process and secure your residency.

In Simple Legal Consulting (SLC) we have a clear goal: to make your move to Costa Rica as SIMPLE as possible, reducing as much as we can the stress that you might have from endless googling and feeling safe that you are working with top quality, honest professionals, that care for you” — Herman Duarte, Founder, Simple Legal Consulting (SLC)

 
  • Having a selected group of clients, from whom we learn and feel proud, and who give us the financial freedom to continue promoting human rights, the rule of law and innovative issues, creating a positive impact on society.

  • Provide high-quality legal and consulting services that allow our clients to have clarity to make decisions, giving them the confidence and peace of mind that their matters are in the best hands, simplifying their business and personal complications.

  • Availability: If we do take a case, we do so by always giving our best effort, and we try to be available 24/7.

    Empathy: We are empathic with our customers and suppliers. We are fully committed and holistically supportive, personally and professionally, in and out of business.

    Respect: We assume that our suppliers, clients and counterparts deserve respectful treatment, without surprises or insults.

    Simplicity: At our core is to make everything simple, helping to navigate the complexities of life.

    Academic: We are curious about knowledge, we love learning about our clients, their industries and the law. We are constantly learning.

    Honesty: We do not lie about the possible results, nor do we violate the law, we do not do illegal acts, nor do anything that can keep us awake at night.

    Generosity: We are generous with our time and contacts.

    Transparency: We keep our clients updated about their cases and always act honest.

MIGRATION CATEGORIES IN COSTA RICA

The first thing, is to understand is the different categories in which a foreigner entering into Costa Rica can opt for, which according to the General Migration Law (Law 8764), are the following:


  1. Tourists.

 

For those who stay in Costa Rica from a timeframe between one (1) to ninety (90) days. The only obligation that a tourist have during the immigration process at the border (land or airport) is to show the immigration officer that it has a return ticket and a valid medical insurance that would cover any incident during his stay.

In certain conditions, a tourist might request to get an extension of their touristic entry of the country, this is possible under certain specific circumstances. However, not all tourists take the time to apply to an extension, and as a result they get exposed to legal consequences that ranges from pecuniary penalties ($100 per month) to being forcefully expelled of the country. Some will be banned to re-enter the country again. That is why is recommended to opt for a residency or a special VISA (like the digital nomad one, is totally worth it).

 

2. Residents.

 

For those who intend to stay for a longer period of 90 days and have an intention to settle in Costa Rica. There are two types of residencies: temporal and permanent. The permanent category is acquired after 3 years of being a temporal resident. Residents have the same rights as nationals, except when it comes to the political rights, as foreigners are not allowed to participate in politics. Another aspect to highlight is that temporal residents (not permanent) risk to loose their migration status if they change jobs, while permanent residents can change jobs without having that risk.

The advantage of applying for a residence is that the possibility for opting for a costarican nationality (naturalisation process) arises after becoming a permanent resident for an uninterrupted period between 5 to 7 years (depends on the country of origin).

So how do you acquire the temporal resident status? SIMPLE, through one of the following categories:


2.1 CAPITAL MIGRANT.

Capital Migrant refers to the group of foreigners that posses either an amount of accumulated capital in the present, or that have solid proofs that they will obtain a significant amount of cash flow to cover their expenses in Costa Rica.

In this category we can include rentiers (rentista), pensioners or retired population (pensionado) and investors (inversionista).

  • For pensioners and its dependents, an income of USD$1,000 is required.

  • For rentiers and its dependents, a minimum income of USD$2,500 per month in a local costarían bank is required; and,

  • For investors and dependents, an investment of at least USD$150,000. Investments are usually made on real estate (check out our listings!) but other options are also available such as investing in companies or in investment funds.

For this category, it is important to highlight that in July 2021 it was enacted the "Law for the attraction of investors, rentiers and pensioners No. 9996", which creates fiscal incentives, such as the exception of PAYING any TAX for the capital that is brought into Costa Rica, possibility to import up to 2 vehicles (car, plane, boat) among others. The law has a temporal validity of a 5 year window period, ending on July 2026.

You can learn about the incentives at the FAQ section in this page.


2.2 KNOWLEDGE MIGRANT.

Knowledge Migrant refers to the category of foreigners that migrate to Costa Rica due to their specialised knowledge, and that either come to undertake a job that local workers cannot due or to create new ones. A proof of the knowledge, such as academic degrees, will be required.

In this last category, what matters is that they the knowledge migrant do not displace Costa Rican workers, which is why the Minister of Labor criteria is vital to review the viability of the application.

There are different subcategories which include:

  • Scientists, Professionals and Interns

  • News Agencies personal and their Dependents

  • Athletes and their Dependents

  • ​Managers and Top Executives and their Dependents

  • Specialized Self-Employed Employees and their Dependencies

  • Specialized Employees in relation to Dependency and their Dependents

  • Specialized Technician and his Dependents


2.3 FAMILY BOND MIGRANT.

Family bond migrant refers to the category of foreigners that migrate to Costa Rica due to their family bond relation with a Costa Rican, it could be through marriage or filiation.

 

3. Special Categories.

 

There are an extensive amount of factual scenarios for the application of special categories, that do not fall into a residency application, here are the principal subcategories:


3.1 HUMANITARIAN MIGRANT.

It refers to those foreigners that aim to migrate to Costa Rica for humanitarian reasons, due to its particular conditions. It supposes a special situation of vulnerability of the foreign person. Some of this categories include:

  • Stateless person

  • Asylee Person

  • Special Category for Reasons of Humanity

  • Refugees

3.2 STUDENT VISA.

For those who are enrolled in an accredited educative centre of any level, as long as it is recognized by the Education authorities of Costa Rica, we can help you get a student VISA. It is also required to proof financial means to support your stay in Costa Rica, we will help you coordinate with the right professionals to present the correct evidence to the migration authority.

3.3 DIGITAL NOMAD VISA.

Check out the presentation made by our partner, Herman Duarte, on the legal and sociological aspects of the Digital Nomad VISA in Costa Rica in a conference held at the Costarican Bar Association.

Herman Duarte is highly regarded as an expert lawyer in different topics, including immigration and investment law in Costa Rica.

On the 11th of august 2021, the “LEY PARA ATRAER TRABAJADORES Y PRESTADORES REMOTOS DE SERVICIOS DE CARÁCTER INTERNACIONAL” also known as the “DIGITAL NOMADs Law* was signed by the executive power as a law. This law aims to facilitate the process for digital nomads to relocate to Costa Rica for a shorter stay than residencies, eliminating the participation of several public entities and getting an answer in 15 days. The bylaws were signed on July 4, hence applications are possible now and the process takes around 3 weeks.

The extremely agile process that this special VISA to reside in Costa Rica - targeting the talented digital nomads - grants the following rights: (i) a valid and legal permit to stay within the territory of Costa Rica for a period of 12 months, with the right to extend it up to 24 months; (ii) the right to open bank accounts; (iii) the right to have their license driver recognised as valid during the period that the VISA is extended. Digital Nomads will also have special tributary benefits such as: the exception to NOT PAY any INCOME TAX during the time of their VISA and that they will not be obliged to pay social security fees, ranging between 12%-36% of the net income.

In order to receive the benefits, Digital Nomads need to prove a monthly income that comes from outside the country of at least $3000 (or $4000 for couples) and medical insurance with a coverage of US$50K. It is important to highlight that part of the benefits include that they will not have any TAX obligations regarding that income.

Probatory elements: So the first difference relates to the standard of probatory elements that need to be submitted to the Migration authority, as a residency requires to prove that the foreigner will not displace local workforce, but the contrary, that comes to create jobs for costaricans.

  • Opt to become a national: Permanent residents can opt to Costarican citizens as every year you have a residency permit counts and accumulates to apply for citizenship, which is something a special VISA does not grant.

  • Legal right to get CR clients: The idea of digital nomads is that their income will come from outside the country, so this is an important aspect to consider, as digital nomads are not allowed to look for clients in Costa Rica. In order to do that, they must register before the tax authority and tribute the income generated.

  • Time to get an answer: The time to get an answer gives us an additional difference, as a residency permit could take up to 1-2 years; the digital nomad visa is expected to last 15 days.

Frequently Asked Questions

 
    1. Birth certificate

    2. Criminal Records of the country of nationality and from the place of residency of the past three years. If possible, it should contain the name, fingerprints and complete information of the applicant.

    3. Marriage certificate, when applicable.

    4. Academic degrees, that back-up the specialised knowledge.

  • A final note is that for any category, in order for documents to become valid in Costa Rica, the documents have to be issued by a competent authority and must be legalised either with the apostille or through the chain of legalization methods.

    If you need help in obtaining your documentation, please contact us, forget the stress of googling for answers and not knowing what to do. Let us help.

  • Another aspect to keep in mind is that all documents must be in spanish or translated by an official translator authorised by the Minister of Foreign Relations of Costa Rica.

    Don’t worry, our job is to make your life simple, so we will coordinate this process. You just have to pay for it.

  • The first thing to do is to contact us to review your case, explain the different possible scenarios and then decide which way to go.

    There are two ways to apply for residency:

    1. ONLINE, using the Tramiteya.go.cr website, but it is limited to only certain migration categories. This comes with an extra cost of $10 per application, but with the promise of getting an answer in just 90 days.

    2. IN PERSON, using the appointment system available on the Migration Department website.

  • It really depends on each case and the circumstances of each person, sometimes it could take up to 3 months, another times 1 or 2 years. Depends on each case, really, if you have a doubt, just reach out to us and we can clarify.

    Keep in mind that once you apply for residency, you will receive a paper that proves your application and that paper allows you to legally stay in the country until you get a resolution from the migration agency.

  • The process involves at least the following institutions:

    1. Dirección General de Migración y Extranjería (Migration authority)

    2. Police Department: for the inscription purposes. It can be done before or after the filing is done.

    3. Labour Minister: only in the cases of knowledge migrants, in order to assure that there is no locals displaced.

    4. Caja Costarricense del Seguro Social: it is mandatory to be enrolled on Social Security.

    5. Ministerio de Hacienda/ Taxu Authority: In certain categories, it will be required to get inscribed before the Tax Authority

  • The application fees, security deposit and taxes that are paid directly to the government to apply for residency varies between USD$50-$250 dollars, depending if the application is done within the country or outside.

  • Yes, it does, but depends of each case. The best thing to do is to speak directly to us to get all your answers.

  • For the purposes of interpreting the concept of dependant, it includes:

    1. The spouse/ husband (heterosexual or homosexual, it doesn’t matter, as in Costa Rica we have same sex civil marriage)

    2. The sons and daughters of one or the other, under twenty-five years of age or older with some disability;

    3. Their parents, as long as there is a dependency relationship.

  • According to law 9966 those who apply for residency, either as a rentista or investor, within a 5 year window time frame since the enactment of the law (July 21, 2021) will have the following benefits:

    1.Tariff exemption and all import taxes present only once, for the importation of household items. In the applications you can protect your dependents, for migratory purposes. Household items shall be understood as all new or used items of a nature that are reasonably and proportionally sufficient for the needs of the beneficiary of this law and the members of their immediate family, including, among others, household furniture, appliances, home decor items, kitchen and bathroom utensils, bedding. If the beneficiary transfers these assets within the period of validity of the benefits granted in accordance with the provisions of the second paragraph of article 12 of this law, he must pay the taxes from which he was exempted. In very qualified situations, where household items will be destroyed or lost due to theft, the beneficiary may purchase other goods to replace them, equally exempt from taxes. The regulation will develop the accreditation mechanisms of the circumstances in which these qualified exceptions proceed.

    2. Beneficiaries may import up to two land, air and/or sea transportation vehicles, for personal or family use, free of all import, tariff and value-added taxes. In case of loss of the vehicle due to theft, total destruction due to fire, flood, collision or accident, occurred during the period of validity of the benefits granted in accordance with the provisions of the second paragraph of article 12 of this law, the owner may import another vehicle free of the indicated taxes. The beneficiary of this law, who has imported a vehicle under the conditions indicated in the previous paragraph, may sell it or transfer it to third parties, in which case the provisions of article 10 of Law 7088, Tax Readjustment and Resolution 18th Tariff and Customs Council CA, of November 30, 1987.

    3. The sums declared as income to become creditor to the benefits of this law will be exempt from income tax.However, the income obtained in the national territory, the results of the investments made in the country, will be taxed by the income tax, according to the provisions of Law 7092, Income Tax Law, of 21 December April 1988.

    4. Exemption of twenty percent (20%) of the total transfer tax, in real estate acquired within the term of this law, provided that the beneficiary is the registered owner of the property. If the beneficiary transfers these assets within the effective term of this law, he must pay the taxes from which he was exempted.

    5. Exemption from import taxes for instruments or materials for professional or scientific practice, carried out by the person with the migratory category of investor, resident pensioner or resident annuitant. The person must demonstrate, before the Ministry of Finance, that what is imported corresponds to their economic activity and has criteria of proportionality and reasonableness.

Contact us.

If you are interested in starting a new life in Costa Rica, we can guide and help you through the very important process of relocating and migrating to Costa Rica. We provide top legal advise within a fix budget and a friendly approach to help you fulfil your dreams to legally migrate to Costa Rica: from deciding where to live (city, beach, mountain), identifying the best schools, establishing your company , carry out due diligence processes for investment in a property / real estate, or to help you obtain your residence or a special visa.

Our job is to make your move as SIMPLE as possible, reducing as much as we can the stress that you might have from endless googling and feeling safe that you are working with honest professionals.

Contact us, we are here to help in a wide range of issues: from deciding where to live (city, beach, mountain), identifying the best schools, establishing your new company , carry out a due diligence processes for investment in a property / real estate, or to help you obtain your residence or a special visa. Whatever you need, just reach out to us.

HD@simple-legal.consulting
(506) 6182-6836

I have enjoyed the privilege of remote working, although my work base is in San José, Costa Rica I have travelled and worked at: Puerto Viejo de Talamanca in Limón; Santa Teresa in Puntarenas; San Salvador; Tulum and Ciudad de México.

I would love to help you do the same. Herman Duarte, Simple Legal Consulting (SLC).