Loophole Regarding Entry Stamps

Attention: The situation mentioned in this article has been updated, go to the article Update on the Extension of Entry Stamps for further information.

There seems to be a loophole to be able to stay in the country past the number of days granted at the airport or past the March 02, 2021 tourist stamp extension.

Immigration has confirmed the following information by phone through their call center and on their Facebook page which you can review here:

1. It is true that people who enter in December may legally stay in the country for the X number of days granted at the port of entry. The number of days will depend mainly on insurance coverage. Hence, if you present insurance that covers you for 2 days, you will receive a 2-day stamp only. By day 3, in a strict sense, you would have irregular status.
2. Under normal circumstances, per article 158 of the Immigration Ruling (Decree Nº 37112-G), if you wish to stay past the original tourist days granted at the airport, an extension request needs to be filed at Immigration asking them to consider the extension and approve or deny it. You would need an appointment to do this.
3. Immigration has confirmed that people who are not covered by the automatic extension of entry stamps (entry stamps for people who entered between December 18, 2019 and November 30, 2020 have been extended until March 02, 2021) and who receive entry stamps below 90 days can legally remain in the country past their original days stamped on their passport if they:
   1. Purchase insurance that covers them for COVID and lodging for the rest of their stay.
   2. Request an appointment to file for Residency (solicitud por primera vez). Appointments are requested here: migracion.go.cr or by calling 1311. The person will receive an email with an appointment confirmation. Immigration states that the appointment confirmation email is proof of good faith, of an intention to regularize your situation (even if you are not planning on filing for Residency which seems absurd) but that that appointment confirmation plus the insurance is all you need to legally stay past the original days granted upon arrival. Please note that you need insurance and one appointment per family member. If you are here with your spouse and three kids, you need 5 appointments at Immigration, even if the kids are minors.

In summary, this means that if a person entered the country on December 7^th, 2020, and was carrying insurance that covered them for 10 days, they must have received a 10-day entry stamp only. If this person wishes to stay past the original 10 days, they need to purchase insurance and secure an appointment at Immigration to file for Residency. The insurance plus the appointment confirmation email shall be enough in case you get stopped by Police.

This document issued by Immigration confirms point 4.b. This exact same principle applies if you have been in the country since December 18, 2019, and are allowed to stay until March 02, 2021. This means that you can legally stay in the country until the day of your Residency appointment. Once your Residency is filed, you can legally stay during the entire analysis stage of the process. We will request our clients’ appointments on their behalf.

Now, a clear warning, this is what Immigration confirmed via phone and in this document which we suggest people print out and carry around but we cannot guarantee that all Immigration Officials are aware of this guideline which seems extremely lenient and strange and certainly bound to change at any minute.

Therefore, if you wish to overstay please make sure you: 1. purchase insurance that covers you for the rest of your stay, and 2. book an appointment. Please note that in a strict sense, no one should remain in the country past 90 days as a tourist. However, Immigration has confirmed that you can stay until the day of your appointment and after the appointment, once your Residency has been filed.

Immigration is ever-changing and what is acceptable today may very well not be acceptable tomorrow so please plan ahead. A new Resolution was published on January 11, 2021 as you can read here. We are in the process of seeking clarification to determine if the information Immigration confirmed in December and continues to confirm when calling 1311 is up to date.