Immigration’s Guarantee Deposit Madness!
In recent weeks we have noticed the Immigration Department is asking for additional security deposits for people who change category from temporary residency to permanent residency. This issue has surfaced in various expat groups, so we wanted to weigh in on the issue.
What is the Immigration’s guarantee deposit?
So that we are all on the same page, per Immigration’s Guarantee Deposit Regulation, the guarantee deposit is the “deposit of money that must be made by a foreign national who is authorized to enter the country.” This deposit is to be paid once the Immigration Authority issues an approval for a residency or visa request. It is equivalent (approximately, at least) to what a ticket back to your home country should cost. The logic behind it is that if anything where to happen, Immigration would have sufficient funds to fly you back to your country of origin.
Will I ever receive this deposit back?
Yes, it is possible to get the deposit back. Under current regulations, there are five premises under which you’ll receive the guarantee deposit back. For the purposes of this post we will focus on just one option which is the change of category from temporary residency to permanent residency.
If I decide to switch from temporary to permanent residency, will I have to pay it again?
Over the years, the Immigration Department has not required people to do the double payment, they have simply rolled over the deposit from the temporary residency to the permanent residency, but that is not the case now.
Immigration is asking permanent residents to pay a second deposit and request reimbursement of the original deposit paid when temporary residency was initially approved. This second payment, allows permanent residents to secure the new DIMEX (local ID card). Completing the process to obtain the refund is not easy. Obtaining a deposit back can take over a year, and thus putting the applicant in a complicated situation.
Consequently, on March 18, 2019 Outlier Legal Services filed a motion with the Immigration Department to explain the legal nature of the procedure. Law 8220 for the Reduction of Legal Requirements for Administrative Procedures compels the Government to simplify the process and not to aggravate it. Per the hierarchy of laws established in our Constitution, a superior Law such as the Law 8220, seems to have been trumped by the Guarantee Deposit Regulation.
Asking permanent residents to pay a second deposit is an unwarranted and nonsensical request that goes against the spirit of the mentioned Law, hence, must not find solace on the Regulation to proceed arbitrarily as it wishes.
Unfortunately, to this day we have not received a response to our motion, which forced us to file a complaint in Supreme Court this morning, urging Immigration to respond and explain their reasoning in a timely manner.
Whilst we wait for an answer, we wanted to let expats know that we are doing everything in our power to protect your interests. We will be updating you all as soon as we receive news on our complaint.
Fatima Chacon Immigration Attorney from Outlier Legal collaborated with this post.
Hello. I received my permanent residency back in September 2019, and had to pay a second residency deposit. I am trying to get the money back from my first deposit, but my attorney is not telling me that it isn’t something that happens automatically, and that I have to file a formal letter with immigration.
My attorney is telling me that for their fees, filing fees, and some type of interest payment, it will cost me between $170-200 to get back +/- $300 I originally deposited. So 2/3 of my money will be gone. This is very upsetting.
Do you know how I can get my temporary residency deposit back? Is this something I can do myself at the immigration office or does it have to be a formal, legal letter like my attorney claims? If yes, do you know of any attorney who can do it for much cheaper than the $170-200 I am being quoted.
Thank you for any help or suggestions you can give me. I live in Montezuma on the Nicoya Peninsula, and reputable/good attorneys just aren’t here.
Hi Denise, we understand you talked to our Lead Immigration attorney pertaining to this matter. If there is anything else we can do, just let us know.
Is there an new news pertaining to this? How do we get reimbursed for the first guarantee deposit made with the temporary residency? I was shocked to find this deposit would have to be paid again.