RESIDENCY BASED ON A LABOR
CONTRACT WITH A LOCAL COMPANY

This regime allows the applicant to obtain the residency based on the existence of a labor contract.

The applicant must be able to prove that he has been hired by a local company.

REQUIREMENTS FOR THE STATUS

DOCUMENTS TO BE FILED AT THE CONSULATE

The interested party must go to a Costa Rican Consulate in his country of citizenship, or country of legal residency. If there is no Costa Rican Consulate in such countries, the filing may be done in any Costa Rican Consulate (as long as a certificate issued by the Costa Rican Ministry of Foreign Affairs indicating that there are no Costa Rican Consulates in such countries is attached). The following are the requirements for the application at the Consulate:

 
  • APPLICATION BY THE INTERESTED PARTY:

Our firm completes the application once the required information is received. The applicant is required to sign it before the Costa Rican Consulate which in turn must authenticate the signature. All applicants (including dependents) over the age of eighteen must sign an individual application. In the case of minors (less than 18 years old), the application must be signed by one parent. It is feasible to file the application by a third party holding a special power of attorney (see attachment 1).

    • Applicant’s full name;
    • Nationality, marital status and occupation;
    • Passport number, date and place of issue, date of expiration;
    • Number of dependents (if any), as well as their full name, marital status, occupation, nationality, age, passport number, date and place of issue, date of expiration and relationship with the applicant.
    • Express declaration of desire to obtain the status of RESIDENT.
    • Address in the country of citizenship or residency.
    • Indication of the documents enclosed as proof;
    • Fax number in the country and city where the Consulate is located, for notices from the Consulate related to the application.
    • Indication of reasons for wanting to reside in Costa Rica.
    • Appointment of a holder of special power of attorney in Costa Rica, and fax number.

Each applicant must appoint a holder of power of attorney, with legal residency in Costa Rica, in order to oversee the procedures, translate, obtain the authentication of the Ministry of Foreign Relations, and complete the additional documents required once the file arrives to Costa Rica. Our firm provides the power of attorney form, which is to be signed by the applicant at the Consulate and authenticated by the consular official.


  • CRIMINAL RECORD:

A clean National 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 ten years before the application, 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. In the case of United States citizens and residents, an FBI clearance is suggested.


  • BIRTH CERTIFICATE:
    •

A birth certificate for the applicant and his dependents (if any) is required. This document must be issued by the appropriate authorities at the place of birth, and must be authenticated by the Costa Rican Consulate nearest to the place of issue. It is imperative that the certificate clearly states the names of both parents.


  • MARRIAGE CERTIFICATE:
    •

Only required for applicants that want to include their spouse under the regime. If this document is issued abroad, it must be authenticated by the Costa Rican Consulate nearest to the place of issue. If the marriage was registered in Costa Rica, there is no need for Consular authentication or for filing this document at the Consulate since it may be attached to the file once the documents are received in Costa Rica by the Immigration Authorities.


  • LABOR CONTRACT
    •

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.


  • CERTIFIED COPY OF THE WHOLE PASSPORT:
    •

Required for both the applicant and his dependents. It must comprise all pages (including blank pages). The applicant must supply the copies, which are then certified by the consular official at the moment of filing.


  • PHOTOGRAPHS:
    •

Eight front photographs are required, taken against a white background and wearing no glasses or hats.


  • COURIER FEES:
    •

The applicant must coordinate with the consul the payment of the courier that will send the documents to the Immigration Authorities in Costa Rica. We strongly encourage the use of major couriers such as DHL, FEDEX or UPS. The Consulate will send them directly, but the applicant must pay the courier fee.

 

PROCEDURES IN COSTA RICA


  • 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.


  • CERTIFIED COPY OF DIPLOMA:
    •

Copies of the necessary diplomas required for the position for which the applicant is being hired.


  • CERTIFICATE OF POWERS OF ATTORNEY OF COMPANY:
    •

The document must be issued by a Costa Rican Notary Public.


  • 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).


  • TRANSLATIONS:
    •

Immigration laws require that all documents in languages other than Spanish must be translated in Costa Rica by an official translator or a Costa Rican Notary Public (this step is met through our Firm once the file has arrived).


  • GUARANTEE DEPOSIT:
    •

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.


  • FINGERPRINTING:
    •

Fingerprints for the applicant and its dependents ten years or older shall be taken at the Costa Rican Police Archives. 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.

 

  • Important!
    • 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).
    • Once the documentation and certificates are ready and prior to taking them to the Consulate, we strongly suggest they are faxed to our offices for review and approval.
    • In the case of the United States of America and Canada, Consular filing can be made at any Costa Rican Consulate in such countries if the applicant is a citizen or resident of such.
    • The documents that need consular authentication will probably not be authenticated by the receiving Consulate unless they are issued by an authority located in a city where such Consulate has jurisdiction, otherwise, the applicant may need to previously have such documents authenticated in the Costa Rican Consulate in the United States or Canada with jurisdiction over such city.
    • 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

 

ATTACHMENT 1
FILING AT THE CONSULATE THROUGH A THIRD PARTY

Costa Rican residencies must be filed at the Costa Rican Consulate at the applicant’s country of citizenship, or country of legal residency. If there is no Costa Rican Consulate in such countries, the filing may be done in any Costa Rican Consulate (as long as a certificate is issued by the Costa Rican Ministry of Foreign Affairs indicating that there are no Costa Rican Consulates in such countries).

If the applicant is not able to go the Consulate, the filing may be done by a third party, in which case a Special Power of Attorney is required. This Power of Attorney is different and additional to the one appointing an attorney to represent the applicant in Costa Rica in the residency procedures: it is done only for filing purposes.

If the applicant requires to file his application using this procedure, our firm provides the Power of Attorney form for the applicant. The applicant signs before one of our firm’s Notaries, and then the power of attorney is sent to the third party with instructions for filing at the consulate.

©2002 Henry Lang, Lang & Asociados. All rights reserved. HLW/cng