COMPANY RECOGNITION STATUS
This
regime allows companies established in the country and
with an accounting net worth higher than fifty million
Colones to be granted, after filing a series of corporate
and legal documents, a specific authorization in the form
of a recognition from the Immigration Authorities, permitting
to obtain residencies for its foreign employees.
This
residency will be linked directly to working for the applicant
company (the residency allows to stay in the country as
long as the beneficiary works for such company and only
to do so). This status allows to cover the main applicant’s
spouse and children under eighteen years old, who may
study but not work while in the country.
The
status obtained under this regime is applicable to all
foreign citizens being hired by a company that has obtained
–beforehand- the “company recognition”
by Immigration Authorities thus its foreign employees
may obtain a temporary resident status.
REQUIREMENTS
FOR COMPANY RECOGNITION
- In
order to obtain the indicated recognition in favor of
the company, the National Immigration Council has established
the following requirements:
-
Certified Public Accountant’s (C.P.A.) Certificate
indicating the company has an accounting net worth of
at least fifty million Colones.
- A
copy of the company’s corporate by-laws, certified
by a Notary Public or by the Costa Rican Public Registry.
- Certificates,
issued by the appropriate authorities, of company being
up to date with social security payments and taxes.
- Indication
of full address and business object of the company
- Copy
of corporate identification card
- Certificate
of powers of attorney of the company, issued by a Costa
Rican Notary Public.
- Once
the above indicated requirements are filed, the application
is processed by the National Immigration Council, and
then a final decision is issued, in which a special regime
is granted, allowing the company to cover all its foreign
employees. There is currently no limitation for the number
of foreign employees hired by a company (as a percentage
of the number of Costa Rican employees), since the laws
requiring such have been declared unconstitutional.
REQUIREMENTS
FOR EXECUTIVE OF A
RECOGNIZED COMPANY STATUS
- Once
the recognition of the company is granted, all foreign
employees hired by the company may obtain a temporary
resident status (while they are providing their services
to the company); additionally, the applicant’s spouse
and children younger than eighteen years can be covered
by the application, which grants them the residency and
the right to legally study in Costa Rica but not an authorization
to work.
As
follows, the required documents:
- APPLICATION
BY THE HIRING COMPANY:
The
company must file an application, signed by its legal representative,
in order for the hired employee to obtain residency under
this regime. The application must contain the same information
as the one to be filed by the applicant, which is indicated
in the following item.
- APPLICATION
BY THE INTERESTED PARTY:
A
separate application must be signed by the main applicant
and by each one of his dependents of legal age. These documents
are prepared by our offices once the required information
is received; they must be signed by the applicant and any
dependents, then authenticated by a Costa Rican Notary Public,
and filed before the Immigration Authorities with the following
information
- Applicant’s
full name; nationality, marital status and occupation;
- Passport
number, date and place of issue, date of expiration;
- Date of
arrival to Costa Rica;
- Provisional
or permanent address in Costa Rica;
- Full name
of spouse, if applicable;
- Full names
of applicant’s parents;
- Full name
of children under eighteen years old to be included
in the application.
- CERTIFICATE OF POWERS OF ATTORNEY OF COMPANY:
The
document must be issued by a Costa Rican Notary Public.
A
clean criminal record certificate for the applicant and
for its dependents fifteen years or older being included
in the regime, issued by the corresponding authority of
the country where the applicant has lived during the last
six months before his arrival in Costa Rica, must be filed.
This document is valid only for six months after its issue
date and needs to be authenticated by the Costa Rican Consulate
nearest to the place of issue.
Only
required for applicants that want to include their spouse
under the regime. This document must be authenticated by
the Costa Rican Consulate nearest to the place of issue.
Filing of two originals is recommended.
- CERTIFIED
COPY OF THE WHOLE PASSPORT:
Required
for both the applicant and his dependents. It must comprise
all pages (including blank pages).
Six
front recent photographs are required.
This
requirement is applicable for all individuals ten years
or older. Fingerprints must be registered before the Ministry
of Public Safety, for which purposes the applicant must
present his passport, a passport size photograph, and complete
a specific form. Our firm will guide the applicant through
this process. This procedure requires the presence in the
country of the applicant and all dependents over ten years
old that are to be included under the regime.
- COPY
OF EMPLOYER’S IDENTIFICATION CARD:
Certified by a Costa Rican Notary Public.
- CERTIFICATE OF HIRING COMPANY BEING UP TO DATE WITH
SOCIAL SECURITY PAYMENTS
This certificate
is issued directly by the Caja Costarricense de Seguro Social
(Costa Rican Social Security Agency).
A
written labor contract between the applicant and the recognized
company is required. The signatures on the contract must
be authenticated by a Costa Rican Notary Public.
If
the application is approved, a guarantee deposit equivalent
to the Immigration Authorities’ estimate of the value
of a one-way ticket to the country of origin of the applicant
must be made. A separate deposit for each dependent included
in the regime is required.
-
All documents originating abroad require authentication
by the Costa Rican Consulate located in the country
of issue. Documents are then sent to Costa Rica for
their approval by the Ministry of Foreign Affairs (this
step is met through our Firm).
- All documents
in languages other than Spanish must be translated in
Costa Rica by an official translator (this step is met
through our Firm).
- After granting
of residency, the beneficiary must live in the country
at least six months per year (consecutive or not) in
order to maintain the status.
- As a general
rule, all foreign citizens with Costa Rican residency
must comply with the following conditions:
- Not to
have any criminal record neither have international
warrants for a crime.
- Not to
commit any kind of criminal offense.
- To conduct
himself according to moral and good customs.
- To respect
the Constitution and the Laws of Costa Rica.
- The main
applicant must be able to demonstrate that he is economically
sound.
©2002 Henry Lang, Lang & Asociados. All rights
reserved. HLW/cng
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