Resolution Issued by Immigration Extending Tourist Visas

The Immigration Department has issued Resolution N° DJUR-0031-03-2021-JM on March 03rd, 2021. This resolution confirms the extension of tourist entry stamps for “one final time.”

1. Immigration has confirmed that anyone who entered the country as a tourist from December 17th, 2019 onwards will be allowed to legally stay until June 1st, 2021 as long as they validate their insurance whilst their current tourist entry stamp is valid.

2. There is no longer a cut-off date of November 30th, 2020. We are asking Immigration to confirm this but at this time anyone who entered after December 17th, 2019 as a tourist seem to be able to stay until June 1st, 2021.

3. If you entered the country as a tourist and plan on staying until June 1st, 2021, you are obliged to send your insurance policy covering you until June 1st, 2021 to the ICT, Costa Rica’s Tourism Board. Please see the steps listed under the Tourists section below.

It seems that insurance extension and ICT validation does not apply for people who:  have or will request an appointment to file for Residency, or have already filed for Residency. We are requesting clarification on this point.

We have already requested for Transportation to extend driving privileges until June 1st, 2021. Once we receive a response, we will let the community know. Until then, please be advised that driving is not recommended at this time. We would suggest waiting for the official documentation that confirms that Transportation will respect Immigration’s tourist entry stamp extension. If caught by a Transportation Officer, they may not be aware of the entry stamp extension, hence, until we have an official document confirming this, it is better to avoid driving.

Please keep in mind, this Resolution is temporary. The rules mentioned in this Resolution, such as the validity of the documents, are a result of the COVID crisis. We cannot confirm if certain rules will “stick” after things settle down. We are in the process of requesting clarification on various points.

This new Resolution, in summary, states:

Residency Processing

1. Immigration will solely accept documents/Residency requests to be filed either in person (if you have an appointment) at the Immigration Department or through the Tramite YA! platform which is currently used to process certain categories such as Permanent Residency. They will not accept documents sent via email or through postal services.

2. People over the age of 65 or with a disability per Law N° 7600 can visit the Immigration Department without an appointment to file documents between the hours of 7:20AM and 9:30AM, Monday thru Friday (exceptions apply as described below). Everybody else is obliged to request an appointment.

3. One appointment per person is necessary, even for minor children. Appointments are scheduled through migracion.go.cr or by calling 1311.

4. The Immigration Department will work by appointment only (exceptions cited above). It is working at a capacity of 20% of its officers (the rest is working from home) and allowing only 25% of visitors to enter the premises. Anyone visiting the Immigration Department is obliged to comply with their protocols that include always wearing a face mask. People who refuse to wear face masks will be removed from the premises.

5. Considering they are working at a reduced capacity, appointments are being granted months after the person requests it.

6. Attorneys will continue to have the privilege of the exclusive attorney window where appointments are granted in a matter of days/weeks. The attorney’s presence is mandatory, and they will work by appointment only. Attorneys can file documents, answer exigencies, file Residency applications, review files, etc. at these appointments. Appointments may only be requested by the attorney on Fridays from 7AM to 2PM via the channels authorized by the Bar Association.

7. Regarding the validity of background checks and marriage certificates: the validity of the documents issued on March 17, 2020, will be suspended by scheduling a filing appointment. An appointment must be requested whilst the documents are valid. Documents are valid, under normal circumstances, for six months only. Documents that were issued in 2020 will be valid until July 31st, 2021. Hence, an appointment must be scheduled by July 31st, 2021 to ensure that document is accepted. The same principle would apply for documents issued in 2021. Hence, if you have a document that was issued in February 2021 you need to request an appointment by August 2021 (within the six months). Booking the appointment will suspend the expiration of the document. But if the appointment is requested when the document is already expired, that document needs to be re-issued. Evidently, if you miss your appointment, the documents will no longer be accepted. Documents issued abroad must be apostilled/legalized for use in Costa Rica.

8. Regarding the validity of birth certificates: The birth certificates will be accepted even if older than six months. This matter with the birth certificates seems to be a transitory law that states that Immigration will accept birth certificates older than 6 months as long as the name on the birth certificate is identical to the name featured on the passport. The old birth certificate must be in a perfect state and it must be apostilled/legalized. Considering this is a transitory law and our Immigration Department is anything but consistent, we would advise people to secure new birth certificates. However, if you wish to proceed with an old one that can be done at this time.

9. All documents will be accepted only if they are in a perfect state, meaning they are not torn, smudged, were written on, or have any alteration that casts doubt on their legitimacy.

10. All other documents (meaning NOT birth, marriage, or background check certificates) that were valid by March 17th, 2020 will now be valid until July 31st, 2021. That means that for example a court document or a Rentista letter, apostilled or legalized, that was valid by March 17th, 2020, will need to be filed by July 31st, 2021. Considering that our Immigration Department now works by appointment only, scheduling the appointment suspends the expiration of the documents. Hence, if a document expires by July 31st, 2021, the appointment must be scheduled prior to July 31st, 2021. If you schedule the appointment on August 1st, 2021, that document will be deemed expired.

11. Marriage interviews: if you applied for Temporary Residency based on marriage then you need to request the marriage interview appointment through migracion.go.cr or by calling 1311. This does not apply if your application was filed through Tramite Ya! since the platform grants the appointments once the application is filed. Remember that both spouses must attend this appointment carrying at least 30 printed photos of your time together. The meeting is led by a Social Worker to verify the veracity of the marriage. It is an essential part of the Residency process.

Notifications and Deadlines

12. Approvals and rejections will continue to be issued and notified solely via fax or email. If you did not include a fax number or an email to receive notifications, you will be obliged to book an appointment through migracion.go.cr or by calling 1311 to check on your file and receive your notifications there. You can check the status of your file online here: https://servicios.migracion.go.cr/serviciosenlinea/expediente.aspx. Be advised that the information included there may be limited/outdated.

13. Regarding exigencies: within 10 business days of receiving an exigency, an appointment to answer it must be requested. If the person fails to secure an appointment within these 10 business days, the exigency will be deemed unanswered. This means that if you are notified of an exigency on January 12th, 2021, you need to schedule an appointment within these 10 business days. That means that you need to request an appointment by January 26th, 2021. The appointment confirmation will be proof of good faith to answer the exigency. On the day of the appointment, you will be expected to file the necessary documents, response, etc. you were asked to provide. This does not apply to processes uploaded through the Tramite YA! platform.

14. Exigencies that were valid by March 17th, 2020 must be responded by July 31st, 2021. An appointment must be requested through migracion.go.cr to file the documentation.

15. If your request is denied/declared inadmissible/rejected/etc. and the resolution states that you have 3 days to appeal, you must book an appointment within these three days. On the date of your appointment, you will be expected to file the appeal. The same principle applies as when responding to exigencies: the days granted will be to book the appointment. If you fail to appear at the appointment, then the appeal will not be accepted. People over the age of 65 or disabled per Law N° 7600 can file appeals in person, without an appointment, Monday thru Friday from 7:20AM until 9:30AM.

DIMEX Cards and Renewals 

16. Requesting DIMEX cards after Residency approval or for renewals (except Temporary Residency based on Marriage): DIMEX cards shall only be processed through the corresponding branches of Banco de Costa Rica (800 BCRCITA, o through www.bancobcr.com) and Correos de Costa Rica (by calling 1311). One appointment is required per person, even minor children. People over the age of 65 or disabled per Law N° 7600 can request their DIMEX cards at Immigration, without an appointment, Monday thru Friday from 7:20AM until 9:30AM.

17. Renewals for people with Temporary Residency based on Marriage: Can be processed directly at Immigration by booking an appointment through migracion.go.cr or by calling 1311 or through the corresponding branches of Banco de Costa Rica (800 BCRCITA, o through www.bancobcr.com) and Correos de Costa Rica (by calling 1311). An appointment is necessary. If the renewal takes place directly at Immigration, both spouses shall be present carrying the renewal documents including their passport and DIMEX card (Resident) and cedula (Costa Rican spouse). If the appointment is completed through Banco de Costa Rica or Correos de Costa Rica, what needs to be presented is an affidavit signed by the spouses before a Notary (declaración jurada protocolizada) stating the couple’s information and that they are still together and living as a couple.

18. Regarding people who processed their renewal and were notified, via telegram, that the renewal was not accepted: you must schedule an appointment at Immigration through migracion.go.cr.

19. Validity of DIMEX cards: Per Resolution N° DJUR-0132-09-2020-JM the DIMEX cards were extended as such:

    • The validity of DIMEX cards for Permanent Residents was extended until January 11th, 2021. If a Permanent Resident does not renew on time, they will still be required to pay a fine per month of expired DIMEX. However, a fine will not be computed and therefore will not need to be paid for the months between December 2019 and January 2021.

    • The validity of DIMEX cards for Temporary Residents and Special Categories that have expired from December 18th, 2019 onwards was extended until January 11th, 2021.

    • The validity of Estancias that expired after March 17th, 2020 was extended until February 12th, 2021.

    • After January 11th, 2021, Residents, as well as Special Categories, will have up to three months, per law, to renew. Failure to renew within these three months will result in the cancellation of their status.

    • Considering that renewals will only be accepted by appointment, you must secure a renewal appointment within these three months to ensure your Residency is not cancelled. So, for example, if you hold Residency as a Pensionado and your DIMEX expired on June 20th, 2020, it was automatically extended until January 11th, 2021. From January 11th, 2021 you have 3 months to renew it at BCR or Correos de Costa Rica or at least request an appointment within these three months. In such a case, if the appointment is granted for April 20th, 2021, you will still be allowed to renew since you secured an appointment within the three-month grace period allowed by law.

Tourists

20. Regarding tourists: for one final time, tourist entry stamps are extended. Immigration has confirmed that anyone who entered the country as a tourist from December 17th, 2019 onwards will be allowed to legally stay until June 1st, 2021 as long as they have their insurance validated whilst having legal status in the country. There is no longer a cut-off date of November 30th, 2020. However, a few notes:

• If you entered the country as a tourist and plan on staying until June 1st, 2021, you are obliged to send your insurance policy covering you until June 1st, 2021 to seguros@ict.go.cr. That address belongs to the ICT, Costa Rica’s Tourism Board. ICT will review the insurance policy to make sure it meets the requirements and covers you in case of COVID infection and lodging. Per ICT’s confirmation, if a foreign national will enter the country with international insurance, it is essential that sufficient documentation is provided (in English or Spanish) to ensure that the policy guarantees:
  • Coverage for medical expenses in case of contracting COVID19. The insurance policy shall cover you for at least $50,000 USD in medical expenses.
  • A minimum coverage of $2,000 USD for lodging.
  • Many expats have reached out regarding lodging coverage asking if it is plausible to avoid this part of the insurance if they have a house or a rental in Costa Rica. We called the Costa Rican Tourism Board (ICT) and received written confirmation on September 1st, 2020 stating that this will be possible however, they also clarified that this is not supported by any Decree, Resolution, or Circular. Hence, you can attempt to send your insurance plus proof that you own or rent a place in Costa Rica and wait for ICT to validate of this is acceptable
  • Alternatively, the INS or Sagicor (local insurance companies) insurance can be purchased.
• The email sent shall include every family member’s insurance. The email must be sent whilst your current tourist entry stamp is valid. For example, if you entered on February 1, 2021, and received a 20 days entry stamp, to stay until June 1st, 2021 you must send the email to ICT within those originally granted 20 days. If you fail to send the email on time, your entry stamp will not be considered automatically extended and you will be subjected to fines and penalties.
• Please be advised that overstaying your entry visa entails a violation of local immigration law. If, by any chance, you are caught by the Immigration Police or any Authority that identifies your irregular status, you could face deportation proceedings. Furthermore, whilst the fines and penalties for overstaying are currently suspended due to COVID (as you can read here), when reinstated (which could be any day), they will be retroactive. That means that when departing, Immigration will enter in the system that you have overstayed. When you return and once the penalties are reinstated, you will be required to settle any pending fines or, if you choose, elect to get banned from the country. Therefore, make sure that if you fall within the scope of this extension, you send the email to ICT on time.
• People who requested tourist entry stamp extensions may still stay in the country until June 1st, 2021.
• Starting June 02nd, 2021 (including June 02nd, 2021) people who enter the country as a tourist and receive an entry stamp of under 90 days can process an entry stamp extension to reach the maximum 90 days. For example, if I enter on June 3rd, 2021, and receive a 5-day entry stamp, I can process an extension so that Immigration grants me the additional 85 days, for a grand total of 90. Tourist entry stamp extensions must be completed within the originally granted days. Hence, I cannot stay here for 5 days and request the extension on day 10 because by day 6, per this example, I will already have irregular status.

Passports and other local needs

1. Costa Rican passports will continue to be processed by appointment only through migracion.go.cr or by calling 1311. Branches of Banco de Costa Rica (800 BCRCITA, o through www.bancobcr.com) and Correos de Costa Rica (by calling 1311) will also continue to assist with passport processing. Any inquiry regarding Costa Rican passports must be sent to pasaportes@migracion.go.cr or ticosenelexterior@migracion.go.cr

2. Minors exit permits will be processed by appointment only through migracion.go.cr or by calling 1311. To cancel a minors exit permit, one can visit the Immigration Department between 7AM and 2PM, Monday thru Friday, no appointment required.

3. Migratory movements will continue to be processed online only through migracion.go.cr.

4. If a person wishes to review a file, they will need to book an appointment through migracion.go.cr or by calling 1311.

5. If a person wishes to request copies of a file, they can request the copies without an appointment by visiting on Monday, Tuesday or Wednesday between 7:20AM and 9:30AM.

6. Entry visas for restricted nationalities are suspended until April 30th, 2021 with certain exceptions, for example, entry visas requested by accredited companies (local companies that receive special treatment at the Immigration Department due to their regular influx of foreign nationals that have gone through an accreditation process), visas requested by certain foundations, the UN, visas requested by the Government, transit visas, family reunification visas.

People who have filed or will file for Residency or any of the Immigration categories 

We did speak with one of the Directors of Immigration on March 2nd, 2021 and the following was confirmed:

• If you entered the country from December 17th, 2019 onwards, you will be allowed to legally stay in Costa Rica until June 1st, 2021 as long as you validate the insurance, as mentioned above. You may only stay past June 1st, 2021 solely if you schedule an appointment to file for Residency whilst having legal status in the country. Evidently, if you are not covered by the June 1st extension and/or you have overstayed your visa, this does not apply.
• The act of requesting the appointment on time is what grants you the ability to stay past June 1st, 2021. The appointment can take place in December 2021, for example, but per what Immigration has informed, requesting the appointment whilst you have legal status shows good faith and the intention to regularize your Immigration status and that shall suffice to have you stay until the day of the appointment and beyond that, exclusively if the Residency application is, indeed, filed.
• It appears as if people who have or will request an appointment to file for Residency are not required to extend their insurance past June 1st, 2021. We are requesting clarification on this point. The same principle applies to people who have filed for Residency, the insurance does not seem to apply to you.
• If your intention is not to file for Residency, do refrain from booking an appointment. Immigration has confirmed that there will be fines and penalties for people who book appointments and fail to appear. The exact fines and penalties ate yet to be confirmed, however, securing an appointment you do not plan on honoring is an abuse of the current system and consequences are to be expected.

Final Considerations

1. This final tourist entry stamp extension was a last-minute decision less than 24 hours prior to the March 2nd, 2021 deadline confirmed by Immigration in January 2021.

2. We have already requested for Transportation to extend driving privileges until June 1st, 2021. Once we receive a response, we will let the community know. Until then, please be advised that driving is not recommended at this time. We would suggest waiting for the official documentation that confirms that Transportation will respect Immigration’s tourist entry stamp extension. If caught by a Transportation Officer, they may not be aware of the entry stamp extension, hence, until we have an official document confirming this, it is better to avoid driving.

3. Outlier Legal Services will book and attend all its client’s appointments, you do not need to worry about that. We will schedule, file, review, etc. the applications on our client’s behalf.

4. If you do have an appointment at Immigration, please arrive at least 45 minutes prior as there is generally a line to wash hands, confirm appointments, etc. If you do not enter the premises and attend your appointment on time, you will not be seeing.

5. Currently, the only categories that can be filed through the Tramite YA! platform are:

   • Permanent Residency

   • Temporary Residency based on Marriage

   • Special Categories: Domestic worker, student, researcher, volunteer, teacher, temporary worker, special categories based on the relationship with a Permanent or Temporary Resident, Costa Rican national or tutor.

6. This Resolution is temporary. The rules mentioned in this Resolution, such as the validity of the documents, are a result of the COVID crisis. We cannot confirm if certain rules will “stick” after things settle down.

7. This is a brand-new Resolution, and we are in the process of requesting clarification on various points. Hence, once we have responses, we will publish them.