by Romulo Pacheco

I have been a witness to the information published in relation to the possible elimination of residency status and all the information regarding new requirements for the already approved residencies.

About changes in the law, there are several projects already in the congress that display different ideas of immigration politics. Some change, eliminate or modify the actual law. We are lobbying for a project that guarantees the conservation of the actual residency statuses. It is my personal opinion that the actual statuses should stay, with only some minor modifications in them, the government will be able to avoid un desired persons or big migrations of one country at a certain moment in time. The reality is that none of this projects will be approved before this government is over, so we do not know if the next government will pursue the same objectives in this matters as this one has done.

One thing is very clear, the country is experimenting a lot of changes not only in what relates to immigrations politics, but telecommunications, free trade agreements, and anti-corruption decisions. All of us who consider this is a great country, not only like in my case because I had the blessing of being born in it, but also the ones that having all the world to choose from, they choose this one. I believe that the decisions taken by the central government have sense and is oriented to protect our society and to improved the rules we all have to follow as citizens and residents of this land. It is important to notice that things are not handled very objectively sometimes and many decisions in every field mostly depend on the mood of the person processing Rader than on the rules applied.

Based on this idea and in regards to the residency procedures, the situation is the same, the Immigrations Board is trying to unify criteria applicable to new residencies and renewals. So as many of us know, in September of 2002, there was a big shock in the processing of residencies, all applications where centralized to be processed in only one office. The office that the Costa Rica tourism board held to process Pensionado and Rentista Status was closed, and all documents are now required to be presented before the Immigration Board.

This eliminated many wrong procedures permitted for years and years and that where never allowed by law, but only by use and time. After this moment in time the law started to be applied correctly, many people felt like there had been a change in the law because there applications and what had been applied to process them, was corrected to comply with the law. There was no change in the law but only the correct compliance of the process with the law as it was originally written long time ago.

Now you might ask, where do I stand, who do I believe and what do I have to do, if anything to continue, renew or start my residency. Well lets try to give you an idea and answer as many questions as possible.

The new comer:

You that just arrived and decided you want to live here, To apply for any type of residency you have to bring the respective documents authenticated by the consul of Costa Rica from your country of origin. In every case, If you have what is required to apply for Rentista or Pensionado Status you can do it here thru us. If you are investing or opening a business you can apply here too. If not all other applications have to be presented before the consul of Costa Rica in your country of origin, either personally or by power of attorney. In this case it is also necessary to name a lawyer in the Country to act on your name once the application has arrived to the immigration Board here.

The old resident:

You that need to renew your residency If you are a permanent residents, investor and corporative resident you have all the requirements exactly as the law always has required. The Pensionado and the Rentista might have a slight change in his or her documentation needed, This because almost all of your applications where presented before the Costa Rica Tourism Board.

This office committed the original mistake and allowed the non authentication of official documents, so now you might find that in order to renew your residency or to change to another status, you have to authenticated your personal documents before the Consul of Costa Rica in your country, and you did not have to do this when you originally applied.

Why !!!! you might ask, the wrong interpretation of the law made by the Residencies Office at the Costa Rica Tourism Board, allowed applicants to present the birth certificate, marriage and police record with no authentication by the consul in the country of origin, all that office required was the authentication from a local notary public. This "door" was used to expedite residency applications, and in good faith all lawyers and residency processors used this "door" to the advantage of the applicant, and why not, it was permitted by this office, it saved time and money ( $ 40.00 USD per document ), it was good for the applicant, BUT along with the good intentions came the bad reputation persons and outlaws that took advantage of the "Door" to forfeit their documents, mostly the police records.

Once the immigration authorities realized that this "door" was not accomplishing the original intention of it, but now it was allowing bad people to become residents and taking the opportunity that now all applications where centralized in one office, then eliminated this authorization to try to avoid unwanted people and the bad reputation of our country at international level. Also because it was not permitted by the law from the beginning and only started because of a bad interpretation of the Old Tourism Board Office.

So now residents, many of you will find that you have to send your documents back home to be legalized by the consul, before you are able to renew your residency. Dont blame it on your processor or Lawyer, or think that law has changed or that you are not wanted, just think you are helping to correct the mistake need to avoid un wanted people. It is in all of our best interest to eliminate this type of unwanted residents.

Give us a call to correct your residency if it is required, or to answer your questions, At Pacheco Marin & Asociados, we are ready to help you with this issue.