RESIDENCY
LAW
Stiff increases are planned for U.S. consular services
By the A.M. Costa Rica staff
Getting a document notarized at the U.S. consulate in Pavas will
cost $50 starting July 13, a 66 percent increase over the current
$30 fee.
That is one of the major increases that the U.S. State Department
has published in the Federal Register. Also going up are fees for
passports, visa applications and other consular services
"The 27
adjusted fees are based on a cost of service study completed by
the Bureau of Consular Affairs in June
2009," the
State Department said. "The study, which was the most detailed
and exhaustive ever conducted by the Department of State, established
the true cost of providing these consular services, which by law
must be recovered through collection of fees."
The revised fees will cover actual operating expenses for the 301
overseas consular posts, 23 domestic passport agencies and other
centers that provide these consular services to U.S. and foreign
citizens, the State Department added.
Based on information published on the State Department Web site
adult passports for U.S. citizens go from $75 to $110. a child's
passport goes from $60 to $80, and the State Department also is assessing
an extra $25 fee on both adult and passports for children.
Anyone who does not like the new fees and wishes to renounce U.S.
citizenship will find that there is a new charge of $450 to do so.
The declaration used to be free.
Some of the increases are in the triple digits. Scheduling and arranging
a deposition in a legal case used to cost
Some increases in U.S. consular fees |
| |
Now |
July 13 |
| Notary fee |
$30 |
$50 |
| Adult's passport |
$75 |
$135 |
| Child's passport |
$60 |
$105 |
| Registering a birth |
$65 |
$100 |
$475. On July 13, the fee will be $1,283. The cost of processing
letters rogatory under the Foreign Sovereign Immunities Act jumps
from $735 to $2,275. Letters rogatory are requests from a court for
some kind of judicial assistance by a foreign government.
Consular reports of births abroad go from $65 to $100. Non-immigrant
visas for non-U.S. citizens show a $9 increase to $140 in the most
common categories. However, one class of visa application goes from
$131 to $390. Of course this is just the application. There is no
guarantee that a visa will be issued.
Notary services are important for those selling property elsewhere
because services by U.S. notaries are only legal in the state in
which they have been appointed. Still, by U.S. standards, the new
consular fee is high. New York established a $2 fee for notaries,
but there are additional fees allowed if the notary has to travel
to the location where a document is to be signed.
Maximum fees in California range from between $10 and $30, depending
on the services. For simply validating someone's signature the charge
is $10. Other states set maximum charges as low as $1. Many U.S.
banks will notarize the signature of a customer.
Renewing tourist visa proves
to be prolonged nightmare
By the A.M. Costa Rica staff
www.amcostarica.com 6 May 2010
North American expats who want to renew their tourism visit by paying $100
to immigration officials here better await the change in government.
A
Swiss citizen who was used as a test case for A.M. Costa Rica is off to Nicaragua
Sunday to renew his visit
by a foreign trip. That is because after
paying $100 and making three trips to the Dirección General de Migración
y Extranjería he failed to get his visa renewed administratively.
The Swiss citizen, who was accompanied all the time by a Costa Rican reporter,
received three different explanations, was told to make additional appointments
and finally was told that he did not qualify for a renewal.
The director general of the immigration agency, Mario Zamora, has said that
expats renewing a tourist visa should be easy. That was not what the Swiss
citizen found.
In his first visit last week, an immigration employee told him to make a $100
deposit and return with an application filled out. On his second visit, a woman
who identified herself as the head of the department told him that what he
had been told on the first visit was all wrong.
On a third visit this week, the man was told that he did not qualify because
his visa is for 90 days.
A close reading of the law says that visas can be extended administratively
if they are for periods less than 90 days. This is believed to be a mistake
in the law because it contradicts all that officials have been saying for two
years. Nevertheless, it appears that immigration workers are now following
that provision.
The situation is clouded
because the immigration department has failed to produce regulations that
interpret the law and provide detailed steps that
are to be followed.
Immigration workers promised
the Swiss citizen that the agency would refund his $100 made by bank deposit.
Expat challenges rule to renounce U.S. citizenship
By the A.M. Costa Rica staff
Amcostarica.com 29 April 2010
According to Costa Rican
law, foreigners who seek Costa Rican nationality through length of residency
have to agree to renounce their current citizenship.
That is not the case for
a person who obtains Costa Rican residency through a relationship with a
Costa Rican.
The
issue is important for U.S. expats. While that country allows their citizens
to hold other nationalities, most would not want to surrender their citizenship
when they opt to become Costa Ricans.
Now a Playas del Coco woman, identified by the Poder Judicial as Leslie Barbara
Zelinski Levy, has filed a Sala IV constitutional case challenging the section
of the immigration law that mandates surrendering a previous citizenship. She
is a U.S. citizen.
The
case was filed by San José lawyer Bárbara Jiménez
Coble. The appeal challenges the different ways Costa Rica handles the citizenship
application in which one class of persons must surrender a foreign citizenship
but another class, those obtaining citizenship through a family relationship,
do not.
A U.S. Embassy official told a writer Wednesday that a number of American
citizens here have signed documents promising to renounce their citizenship,
but that the embassy does not take the paperwork seriously.
In
a more formal account, the U.S. State Department says on its Web site "a
person who acquires a foreign citizenship by applying for it may lose U.S.
citizenship. In order to lose U.S. citizenship, the law requires that the person
must apply for the foreign citizenship voluntarily, by free choice, and with
the intention to give up U.S. citizenship."
Surrendering U.S. citizenship can be a formal process that some expats do
in order to avoid U.S. taxes or for political reasons.
In some cases because a treaty agreement exists between Costa Rica and another
nation, citizens may assume dual nationality without the need to renounce the
current one. The United States does not have such a treaty. That figures in
the court appeal, too.
Those who seek Costa Rican citizenship must show that they have been in the
country a prescribed period, which varies based on their country of origin.
Non-native Spanish speakers have to take a language test. All have to take
a test over Costa Rican civics.
Those who seek residency by a family relationship, such as a spouse or a child
born here, do not have to take these tests.
Some criminal suspects
who are fleeing U.S. justice sometimes manage to obtain Costa Rican citizenship
because the country's Constitution prohibits the extradition
of citizens. The citizenship process can be reversed if the Costa Rican government
believes that there were misrepresentations in the naturalization process.
New law will tighten up on those perpetual tourists
From www.amcostarica.com 19 February 2010
By Manuel Avendaño
Arce
and the A.M. Costa Rica staff
When the new immigration law goes into effect March 1 tourists here
will still be able to renew their visa by going to and returning
from a nearby country. But the rules are changing.
Mario Zamora,
the director general de Migración y Extranjería,
said Thursday that a tourist will not be able to go to the same country
twice and that after two trips to renew a visa a tourist will have
to stay out of Costa Rica for a minimum of 15 days.
The new law seeks to crack down on perpetual tourists. What Zamora
said is not in the law. These new rules are in the regulations that
soon will be published in the La Gaceta official newspaper.
In lieu of going
to another country to renew a tourist visa, a foreigner also can
show up at
any immigration location and renew the right
to stay here for 90 more days for $100, Zamora noted. That procedure
is in the law, but the new information from Zamora is that the renewal
process will be available at immigration offices at international
airports, at border posts, ports, marinas and any other location
where immigration officers work. There had been concern that the
renewals could only be done in San José.
In order to renew a visa that way, the tourist will have to establish
financial responsibility and show that they have the means to support
themselves for 90 more days. For those who do not have the money,
such as students, a procedure is being set up so that the $100 can
be waived by the Ministerio de Hacienda, said Zamora.
The rule that a tourist cannot renew a visa by traveling to the
same adjacent country twice is a new concept. That means a perpetual
tourist living near the Nicaraguan border can visit that country
once. But the next visa renewal will have to be at some other country.
And after two visa renewals the tourist will have to leave Costa
Rica for a minimum of 15 days, according to Zamora. The idea is to
encourage perpetual tourists to seek another form of residency.
Tourists are
not supposed to work in Costa Rica, but many do. They run the risk
of losing their possessions and holdings if they are grabbed and expelled by immigration
police.
Zamora was among other officials who met to discuss the new immigration
law at the Hotel Radisson in Barrio Tournon Thursday afternoon. The
new law was outlined in general terms. The law was reported in depth
when it was passed last Sept. 1 and signed into law. HERE!
The major changes for expats are:
-
They
need to join the Caja Costarricense de Seguro Social. Still unclear
is if membership in a similar program in another country
would be sufficient for the Costa Rican requirement. The exact system
to enroll expats has not been made clear but they will have to show
that they have Caja membership when they renew their cédulas.
-
Tourists
who overstay their visas will pay a larger fine when leaving, and
they will
be prohibited from reentering Costa Rica
for three times the period that they were illegally in the country.
-
Many
more categories are created for persons who seek to work or stay
in Costa Rica.
Work permits traditionally have been
difficult to get here unless the applicant is a large company.
-
Pensionados
approved under the new law must show a monthly income from a certified
pension
of at least $1,000 a month, up from
$600. That amount also covers foreign spouses and minor children.
Rentistas have to show that they have a continuing monthly income
of at least $2,500, up from $1,000.
-
Innkeepers
and hotel operators will have to keep a registry of persons staying
in their facilities for inspection by the immigration
police.
The broad law
creates an immigration police that is composed of Fuerza Pública
officers. It criminalizes trafficking in persons. It creates an
immigration council to issue visas to citizens of restricted
countries and takes that job away from the immigration director.
The measure also gives the president the power to grant residency
by decree. A.M. Costa Rica has reported that this creates the possibility
of immigration amnesties of the type that were mandated twice in
the 1990s.
Costa
Rican Consulate in CHICAGO scheduled to close on April 30, 209.
www.insidecostarica.com 14 Feb. 2009
Costa Rica Closes 3 Embassies, 2 Consular Offices In Cost
Cutting Plan
Costa Rica has
decided to close three embassies around the world and two consulates
in the US, as part of the Arias government cost cutting measures.
The Ministerio de Relaciones Exteriores (Foreign Ministry) announced
yesterday that it would be closing embassies in Bolivia, Czech Republic
and Paraguay, in addition to its consular offices in Chicago and Puerto
Rico.
The closures come
under the measures of the "Plan Escudo" announced by Costa
Rican president Oscar Arias last week to mitigate the impact of the
financial crisis.
The Bolivia, Paraguay
embassies and consular offices in Puerto Rico and Chicago will be
closed as of April 30, while the Czech embassy will remain open until
May 31.
Foreign Ministry
officials say the closures follow an internal study of the resources
of the diplomatic centres around the world before recommending the
closures to president Arias, who in this case had the last word.
Ministry officials
did not say yesterday how much money the closures will save Costa
Rica, adding that the closures do not mean a break in diplomatic relations
those countries nor affect bilateral relations, being simply a cost
cutting measure.
In the case of
the Chicago consular offices, cases will be sent to the New York office,
while the Czech will have to go Germany and the Bolivia, Paraguay
and Puerto Rico cases will be handled from San José.
Costa Rica will
continue to maintain embassies in 35 nations, 10 consular offices
and 5 international missions
Turf
dispute delays action on immigration reforms
By the A.M. Costa Rica staff
www.amcostarica.com February
5, 2009
The proposed immigration
law that worries many expats will not come to an Asamblea Legislativa
vote before Tuesday, if then. An internal government dispute over
the future of the immigration agency has resulted in another hearing
before a legislative committee.
The principal question,
according to the committee, is should the Dirección General
de Migración y Extranjería remain part of the Ministerio
de Gobernación, Policía y Seguridad Pública.
The alternative would be
to make the immigration agency a free-standing government department.
The current minister, Janina del Vecchio, favors the present arrangement,
said legislative aides. Mario Zamora Cordero, the director of the
immigration agency, is pushing for independence.
The Comisión de
Asuntos Permanentes de Gobierno y Administración will hear
both points of view Tuesday at 1 p.m.
Olga Marta Corrales, president
of the commission, said that the argument for an independent agency
includes the claim that Zamora has to get the minister's approval
to buy just one pencil. She said this was a headache.
Ms. del Vecchio also appears
to be trying to push Zamora out of the job. He was appointed in 2006
by the former security minister, Fernando Berrocal.
Recently Zamora has been
the target of administrative and ethical investigations that had hidden
origins. The minister was at the point of firing him, allegedly for
causing too many immigration cases going to the Sala IV constitutional
court, until strong political pressure caused her to reverse her course.
Zamora is believed to be
a foe of corruption, and fighting such activities has been a key goal
of his administration. Nevertheless, immigration is overwhelmed and
dysfunctional, as many expats will attest.
The immigration bill already
had been reported out of the committee to await floor action in the
full legislature. But under a rule of procedure, the proposal was
sent back to the committee to address other points.
Many expats are concerned
about this bill because it would raise drastically the financial requirements
for pensionado and rentista residencies and, according to the text,
require all who have residencies now meet the new requirements when
they renew their stay.
This is not something the
committee said it would discuss even though many expats have made
contact with lawmakers about these points.
However, changes are possible
when the bill comes back to the assembly floor.
The commission said it
wants to make sure the proposal contains key measures for controlling
corruption by using techniques that make the process of getting residencies
approved more flexible.
The immigration proposal
also should serve to integrate the migrant population into the social
security structure and cause them to participate in community works.
The committee also will discuss the proposals to simplify the residency
process and the proposal to strengthen the Policía de Migración.
Many expats who now have
residency believe they are protected from any changes because their
status has been "grandfathered." In fact, pensionado and
rentista residencies are granted for set periods.
It is a complex legal question
if the individual requirements can be changed at the end of a term
of residency. If the bill passes in its present form, a Sala IV constitutional
court case is certain.
Expat advocates are seeking
to have a specific provision put in the bill that would protect current
residencies. The bill now says that pensionado and rentista residents
would have to meet new requirements when they renew their status.
Victim
protection bill gets first OK in legislature
By the A.M. Costa Rica staff
www.amcostarica.com
February 4, 2009
The Asamblea Legislativa
Tuesday passed on first reading the initial citizen security bill,
part of a package that contains revisions to the immigration law.
The bill that was passed
received strong support among lawmakers.
This is No. 16.973, which
has been changed in parts since its submission last March but still
seeks to provide protection to victims and witnesses. The text creates
what could be called a protection program and authorizes housing victims
and witnesses in a safe place.
However, the bill, some
26,400 words, also creates what is called a police information platform
that will contain all the data bases of all the state agencies, autonomous
institutions and municipalities. These data bases will be open to
police officers, with some restrictions established by the Judicial
Investigating Organization.
The bill also authorizes
tapping communications with the approval of a judge. This includes
telephone, Internet satellite and other current means of communication.
The bill also contains
3,446 words of a section that restricts the use of firearms by citizens.
Among the provisions is one that says a person may only have one firearm
for self-protection and it may not be an automatic weapon.
The proposal also seeks
to address the phenomenon of killings for hire, receiving stolen goods
and the way the government handles confiscated things of value.
The bill, which probably
will receive final passage late in the week, also specifies measures
to strengthen the municipal police forces.
Passage came after a strong
campaign by the fiscal general, Francisco Dall'Anese. In the last
month court officials have revealed that in many jurisdictions only
half the persons charged with a crime are convicted. The court release
blamed intimidation of witnesses. Dall'Anese Tuesday was talking to
reporters about the likely presence here of the notorious Zeta faction,
paramilitaries who carry out the commands of the Mexican drug gangs.
Financing is a major obstacle
for witness and victim protection. Details were not available on how
the lawmakers handled that problem. The exact text of the revised
measure probably will not be available to the public until it is passed
and published in the La Gaceta official newspaper. Lawmakers themselves
might not know fully what they have approved.
The other proposals in
the security package include No. 16.429, a reform of the arms and
explosives law; N. 16.594, the controversial immigration law; No.
16.830, a law specifically against organized crime, and No. 16.831,
reforms
'. . .
the battle of a disorganized state against organized crime'
—
Title II of bill
of the drug and money laundering laws.
The series of bills was
the product of a task force headed by Laura Chinchilla Miranda. She
then was minister of Justicia y Gracia and the nation's vice president.
She has since quit to run for president.
The bill allows closing
a courtroom to conduct private sessions and also keeping the name
of witnesses and victims secret to protect them. Testimony by video
conferencing also is allowed to protect witnesses. Now such technology
is used mainly to receive testimony from long distances.
The bill also established
a four-year prison term for anyone who attempts to threaten or otherwise
affect the testimony of a victim or witness.
The measure continues Costa
Rican tradition of treating a crime as an affair between a suspect
and a victim. The bill calls for conciliation. It appears that conciliation
can be ordered unless the crime is of a sexual nature or involves
domestic violence.
Organized crime is defined
as three or more persons associated to commit serious acts that carry
penalties of four years in prison or more.
The bill specifically includes,
torture, all forms of sexual exploitation, money laundering, hostage
taking, terrorism, trafficking in persons, trafficking of arms or
drugs, murder, injury or threats to a member of the branches of government
or foreign diplomats, and murder, injury or threats against police,
victims, witnesses, judicial experts, judges and others working in
the law enforcement agencies of the country.
The immigration bill, which
is part of the security package, is controversial because it would
raise the financial requirements for foreigners who seek residency
here. That bill has been passed out of a committee to the full legislature.
Assembly leaders hoped to have the bills approved before Christmas,
but a squabble over the members of a new telecom regulatory agency
prevented that.
Then the legislature met
to handle emergency funding for victims of the Jan. 8 earthquake.
Lengthy discussions followed on the exact text of the citizen security
bill.
The immigration bill also
contains wording that would seem to impose the same financial requirements
on expats who renew residencies. The current wording calls for an
income of $2,000 a month for persons who seek pensionado status and
$5,000 a month for those who seek the status of rentista. Some expats
are working to have these numbers reduced. The current requirements
are $600 a month for pensionado and $1,000 a month for a single rentista.
HOT
– OFF THE PRESS November 2, 2008
Newly
PROPOSED changes to CR’s Immigration Law
Seek to increase
income requirements for Pensionado & Rentista applications
I just finished
reading the 80-page text of the newly proposed changes to Costa Rica’s
Ley General de Migracion y Extranjeria, (Expdiente No. 16,594), as
published in La Gaceta, the official newspaper of the Costa Rican
government. La Gaceta, 27 October 2008, starting at page 2, can be
read (in Spanish) directly at: http://historico.gaceta.go.cr/2008/10/COMP_27_10_2008.pdf
There are several
changes in the proposed language of the law. From my perspective,
the key changes, that is, the changes most likely to impact an individual
wishing to apply for residency in Costa Rica are:
PENSIONADO
APPLICANTS:
Article 78: Would
require that pensionado applicants prove a monthly pension of Two
Thousand dollars ($2,000). The current requirement is only $600.00.
The same $600 amount applies when applying as a single applicant or
as husband & wife couple. It is not clear if the new proposed
requirement applies to both a single person or to a couple.
RENTISTA
APPLICANTS:
Articles 78 &
80: Would require rentista applicants to prove a monthly un-earned
income of Five Thousand dollars ($5,000) per single applicant or per
family. The current is $1,000 per adult applicant plus $500 per child,
all per month for 60 months.
Under the current
law, an applicant who is single needs to show income of a $1000 per
month for 60 months, or a total of $60,000. The proposed changes do
not indicate the length of time the applicant needs to prove income.
“VINCULO”
APPLICANTS:
Article 68: Would
require that an applicant under the Vinculo Program MUST know the
other spouse (no more third party marriages of convenience, where
the Tico spouse has never seen or met the non-Tico spouse). AND, just
as important: at the time of the carnet renewal, the non-Tico resident
MUST prove that he/she is living (cohabitating) with the non-Tico
spouse.
Other
important proposed changes:
Article 55: Would
deny entry into Costa Rica to individuals who have a tourist visa
but who … [68.3] have been convicted of a felony in the past
10 years; [68.4] there is good reason to believe their presence in
the country would compromise public security;… [68.8] have been
linked to gangs or groups engaged in or linked to organized crime.
Article 64: Would
deny resident status to any applicant convicted of a felony in the
prior 10 years.
Article 74.1:
Would increase the time requirement to apply to become a permanent
resident from the current three (3) years up to five (5) years.
Articles 76 &
77: (NEW REQUIREMENT): It appears that Articles 76 & 77 make it
mandatory that in order to renew a resident carnet, that the resident
MUST prove that he/she has joined the Caja Costarricense del Seguro
Social (”CCSS”) and that the resident has been a member
of La Caja continuously since the time the carnet was issued.
Please note that
this is a preliminary review of the proposed changes and it is not
an exhaustive review. There may well be other changes applicable to
your specific circumstances. This review does not constitute, and
it is not intended to be, legal advise.
Additionally,
I want to emphasize that these are proposed changes. These are not
final changes and the proposed changes are not in effect now and are
not the law. La Gaceta does not contain either time-table for further
hearings or a schedule for comments from the public.
If you are strongly
opposed to the proposed changes, we suggest that you send your comments
via e-mail to:
Francisco Antonio
Pacheco Fernández
Presidente de
la Asamblea Legislativa
Correo:
fpacheco@asamblea.go.cr
PLEASE
READ
On July 25, 2008,
the Direccion General de Migracion y Extranjeria started to circulate
internally and to the Costa Rican consulates around the world a critical
change pertaining to the length of time the documents required to
apply for residency are valid. This change will affect ALL applications,
regardless of the program being used to apply for residency.
The document,
which can be seen in its entirety directly below this update, Circular
SDG-451-08-08, dated July 25, 2008, from Lic. Marco Zamora, Director
General [Migracion y Extranjeria] makes the following modification
to all residency applications:
All birth certificates,
police criminal background record checks, certified copies of passports,
or any other type of document that must be attached to any visa application
or application for residency MUST have been issued within the 6 months
prior to its presentation to Migracion [in San Jose]…
What does this
mean to you and to your residency application?
It means that
Migracion is setting the expiration date of all documents needed to
apply for residency at six (6) months from the date the document was
issued.
It means that
if the document is older than six months, the document will be considered
as “expired and no longer valid” for residency application
purposes, and the document will be rejected (and you would have only
10 working days to replace it!).
It means that
none of your documents can be older than six (6) months at the time
Migracion receives your package in San Jose from the local Costa Rican
consulate.
It means that
if you have a birth certificate that was issued to you last year,
for example, that you will need to get a brand new birth certificate,
or marriage certificate, or income letter or pension letter, with
a more recent issue date.
It also means
that your police letter, which used to be valid for only three months,
is now valid for six months – a silver lining amongst the clouds.
At Residency in
Costa Rica, we ship all application packages via FedEx from the consulate
to Migracion. In view of this radical change, our goal will be to
endeavor to file your residency package at least 2 weeks prior to
the expiration date of your oldest document. Thus, minimizing the
risk of a document being rejected for its being older than 6 months.
August
15, 2008 -- IMPORTANT UPDATE
CRITICAL
REQUIREMENT CHANGES
IN
RESIDENCY APPLICATION DOCUMENTS
Estimados
Senores
Escribo por
este medio para expresar mi gran preocupación con el texto
sustitutivo de los Artículos 78, 81 y 274-Transitorio II
a la Ley de Migracion y Extranjeria, expediente No. 16.594, publicado
en La Gaceta el pasado 27 de octubre del 2008.
Artículo
78 requeriría que extranjeros retirados que quieran aplicar
por residencia bajo el Programa de Pensionados comprueben que disfrutan
de una pensión minima de US$2.000 por mes. Considero que
este requisito es tan alto que efectivamente acabaría con
el programa de pensionados en Costa Rica. Solicito atentamente que
retengan el requisito de probar una pensión de $600 por mes,
ahora en efecto.
Artículos
78 & 81 requeriría que extranjeros rentistas comprueben
que disfrutan de rentas mínimas de US$5.000 por mes. Considero
que este requisito es tan alto que efectivamente acabaría
con el programa de rentistas en Costa Rica. Solicito atentamente
que retengan el requisito de rentas de $1.000 por mes para rentistas
solteros, y que cambien el requisito a US$1.500 por mes por familia,
incluyendo el rentista, el cónyuge e hijos.
Artículo
274-Transitorio II: Aplicaría el texto sustitutivo en forma
retroactiva a todos aquellos pensionados y rentista que ya gozan
de sus residencias. El Transitorio II dice que “Para efectos
de renovación de su condición y del documento de permanencia
en calidad de residente, se aplicará lo dispuesto en a presente
Ley y su Reglamento.” Considero que este Artículo es
injusto e inmoral, pues aplicaría los nuevos requisitos a
personas que aplicaron y recibieron sus residencias bajo diferentes
condiciones. Solicito atentamente que completamente eliminen el
Transitorio II del Articulo 274.
Señores
Diputados, el impacto en la economía y la sociedad costarricense
seria terrible si aprobaran el texto sustitutivo en la forma publicada
en La Gaceta. Por favor implementen lo aquí sugerido para
que Costa Rica continúe siendo un país que recibe
a extranjeros decentes con los brazos abiertos.
Sinceramente
Magistrates
throw out three-year wait for a divorce
By the
A.M. Costa Rica staff
The
constitutional court has done away with two marriage rules that
have caused pain and suffering for hundreds of expats and Costa
Ricans.
The rules are those that
required a three-year wait after a marriage for the couple to obtain
a divorce. A second section, also thrown out, required a two-year
wait for a couple to get a legal separation.
The Sala IV constitutional
court made the decision unanimously Wednesday morning, and the ruling
became public later in the day when the Poder Judicial sent out
a press notice.
Both sections that were
overturned are in the Código de Familia, the nation's family
code. The first, section 7 of article 48 prohibited divorce until
a couple had been married for three years. The second, article 60,
prohibited a legal declaration of separation until two years had
past.
The divorce requirement
was a major burden for expats who might have been carried away in
the emotions of the moment and then quickly found themselves abandoned
but without legal recourse for three years.
The ruling also is good
news for foreigners who managed to obtain Costa Rican residency
through fake marriages, often to down-and-out citizens. Now after
they have received the benefits of being married to a Costa Rican,
they can dump the
fake spouses and move
on with their life.
The divorce ruling covers
those couples who wish to break up with mutual consent.
The case came to the
court in an appeal filed by a man identified as Mariano Castillo
Bolaños.
Moving on with one's
life was a theme in the appeal directed to the court. There is no
reasonable basis to establish these periods and they affront human
dignity and they are unjust, said the appeal. The appeal also suggested
that by obligating a man to stay in a union that does not exist
and is not desired the woman is exposed to possible aggression.
7
25 08 Migracio new rule re 6 month docs.pdf
Update Prepared
by The Staff at Residency in Costa Rica.
Source:
www.amcostarica.com
08/13/2008
Fake entry stamps on passports
snag U.S. couple
By Elise Sonray
of the A.M. Costa Rica staff
There may be
as many as 3,000 foreigners in Costa Rica with fake stamps on their
passports, said the director of the immigration police Tuesday.
Monday immigration
police deported a U.S. couple who had been living in Costa Rica
for years, according to director of Policía de Migración,
Francisco Castaing. The couple who had faithfully exited and re-entered
the country every 90 days for four years, decided to send their
passport and pay for a stamp just one time, according to a neighbor.
As most people
living on tourist visas in Costa Rica know, they must leave the
country every 90 days for at least 72 hours, in order to remain
legal.
“We want
to send out a message to all North Americans that any type of action,
whether it is sending out a passport to get stamped or buying a
fake stamp, is illegal and they shouldn't do it,” said Castaing,
who said officials have seen a significant jump in cases recently.
Castaing said
frequently a scam artist poses as a friend and tells foreigners
that he can bring passports to the border to get a legitimate stamp.
But this is all a set-up, said the police director. There are people
all over the country who have fake stamping operations, said Castaing.
North Americans may pay anywhere from $100 to $500 for one of these
“coyotes” or scam artists to stamp their passport, he
said.
As for the U.S.
couple, Christine Shea-Borgfeldt and Charles Bryant, an angry business
associate turned them in, according to one friend. Castaing said
he could not comment as to how police received the information but
said investigators received evidence when the couple showed their
passports during a bank transaction.
Ms. Shea-Borgfeldt,
55 and Bryant, 56, lived together in San Rafael, Santa Ana, in a
house they were renting, said Castaing. A neighbor, who wished to
go unnamed, said they always paid their rent on time, paid their
maid and were a typical law abiding and honest couple.
Ms. Shea-Borgfeldt,
worked from home in the cell phone industry, and Bryant was a children's
author, according to Castaing.
The couple were
not honest however when they spoke to immigration police about the
stamps, according to Castaing. They said they had exited through
Sixaola to Panamá, according to Castaing. But the fake stamps
clearly said Aeropuerto Juan Santamaría.
A new more advanced
stamp for passports was issued in January making it easier for immigration
police to detect fakes, said the subdirector of immigration police,
Luis Arce. The stamp appears blue but when held to a neon light
turns orange.
Christine Shea-Borgfeldt
and Charles Bryant
A.M. Costa Rica/Elise
Sonray
This is the fake stamp
in a U.S. passport
The director
of Migración y Extranjería, Mario Zamora, played an
influential role in obtaining the new stamps. Immigration officials
are also able to see which employee issued the stamp and if they
actually worked the day the stamp was applied
There have also
been many cases of false work permit stamps, especially with Nicaraguan
workers, said Arce. Castaing said there have not been many deportations
of North Americans yet, but that the department was cracking down
and taking the issue more seriously. Castaing said he estimated
2,500 to 3,000 foreigners have bought fake stamps.
A lot of the
fake stamp operations are in the coastal areas where tourists live,
said Castaing. He said he was aware of a large operation in Puerto
Jiménez, but that police have not detained any of the players
in the scam yet there.
Ms. Shea-Borgfeldt
and Bryant had been exiting and entering the country on more or
less regular intervals since 2003, according to immigration records,
said Castaing. All of their trips were to the United States, he
said. Although, the director said, there was something strange about
Bryant's stamps because he had a few exits stamps without the corresponding
entrance stamps. Bryant was born in Virgina and Ms. Shea-Borgfeldt
was born in Iowa, according to the copies of their passports obtained
by the immigration police. The two were shipped to Miami, said Castaing.
Castaing said
there seems to be an increasing attitude among North Americans that
they can just pay for passport stamps. He warned that this was dangerous
and illegal. Ms. Shea-Borgfeldt and Bryant are forbidden to enter
the country.
Stiff
penalties for overstaying tourist visa
Immigration draft easy on pensionados, not rentistas
A
proposed redraft of the nation's immigration laws would require less
monthly income to be a foreigner here living on a pension, but the
monthly income to be a rentista would double.
The proposal,
provided in draft form Thursday by Casa Presidencial, is not fixed
in stone, and after it is sent to the Asamblea Legislativa major changes
may take place. And the proposal might not even be passed into law.
The proposal also
allows so-called temporary residents, inversionistas, pensionados
and rentistas, to apply for permanent residency after just two years
in the country. The current period is three years, and the period
used to be five years.
The law also creates
a special fund and assessment for most foreigners living here. The
purpose is to generate some income for the state to pay for medical
and educational services used by foreigners. No figure is set in the
proposed law, and the amount is left to the discretion of the director
general of Migración y Extranjería. Officials have said
that the base amount, around $20 a month, might vary depending on
the immigration category, a suggestion that North American residents
who generally are pensionados, rentistas and inversionistas would
pay more each month than Nicaraguan day laborers.
The proposal has
268 articles and 26,200 words. Some sections appear to be just suggestions
for changes in the existing law that was passed by the previous legislature
and signed by former president Abel Pacheco. The law is full of references
to the human rights of foreigners and contains language against discrimination.
The proposal also
takes a firm stand against those who work here on tourist visas, something
which is not clear in the current law.
The proposal continues
current penalties for hiring illegal immigrants or housing them, but
there is a new phrase that exempts those who house illegal immigrants
for humanitarian purposes. The Catholic Church has opposed the current
law because the church officials thought safe houses provided for
displaced illegal immigrants might lead to penalties.
The proposed law
also contains stiff penalties for overstaying a tourist or other visa
that could run into the hundreds or thousands of dollars. Those who
overstay visas face a fine equal to double the monthly assessment
for their immigration category for each day they have overstayed their
visa. Or they must remain out of the country for triple the time they
have overstayed the visa.
According to the
proposal, those seeking to stay in Costa Rica as a pensionado would
have to show a monthly income, usually a secure pension, of $500 a
month. Now the amount is $600 a month.
Rentistas would
have to show a monthly income of $2,000 instead of the current $1,000.
However, the proposal eliminates an additional $1,000 of income for
a spouse and $500 a month for each dependent child.
Typically rentistas
have put $60,000 in a bank account to show financial capability for
five years.
Recently the amount
doubled for those with spouses. That amount was keyed to the five
years one must remain a rentista before seeking permanent residency.
Now with permanent residency possible after just two years, a rentista
might be able to qualify with just $48,000 in the bank, depending
on how the proposed law, if passed, is interpreted.
Tourists continue
to be considered non-residents and do not build time toward residency,
under terms of the proposal.
The proposal continues
to forbid entrance to Costa Rica to persons who have been convicted
of various crimes ranging from drug smuggling to domestic violence
and also to those associated with criminal gangs. But the way to check
such crimes in other countries is limited.
Much has been
said about how the immigration proposal would legalize the status
of thousands of illegal residents of Costa Rica, primarily Nicaraguans.
But a detailed reading of the proposal shows it does not do that.
Instead, it creates the possibility that the executive branch may
issue a decree that would legalize persons — as long as they
were not criminals. — who would otherwise not be eligible for
residency here.
Temporary residents,
such as inversionistas, pensionados and rentistas would still be forbidden
to work for a salary, but the law spells out clearly that they can
do work on their own account. That has been interpreted as running
their own businesses. They must spend at least six months in the country
each year, according to the proposal.
The proposal would
allow tourists to prolong their stay here at the end of 90 days but
would expose someone in that category to penalties if they did not
leave when their tourism period had expired. The proposal also specifically
forbids tourists from working.
The law withholds
permanent residency from new foreign spouses of Costa Ricans for three
years and requires them to show that they are living together as a
couple every year.
The proposal also
lets foreigners apply for various immigration categories while they
are in Costa Rica. The current law requires that foreigners do so
at the Costa Rican consulate in their country, although in the past
this has been ignored sometimes.
Those who are
deported do not have the right to return to Costa Rica for five years,
under the proposal. Those who are expelled for compromising the peace
and security of the country would not be able to return for 10 years.
But those who commit serious crimes against young people, the aged
or the disabled would not be able to return for 25 years.
The Arias administration
decided to redo the immigration law even though the new one only went
into effect in August. The new law has been criticized for being harsh.
IMPORTANT:
Costa Will add an extra digit to telephone numbers
At 12:01am on 20 March 2008 – This Thursday; the entire country
of Costa Rica will change from 7 digit phone numbers to 8 digit phone
numbers. All land lines will have a 2 added before them and all cell
phone lines will have an 8 added before the number.
Land
phone lines begin with 2,4,5,6,and 7
Cell
phone lines begin with 3, 8, and 9.
OLD NUMBER
will become NEW NUMBER:
2xxxxxx
will become 2 + 2xxxxxx land phones
3xxxxxx
will become 8 + 3xxxxxx cell phones
4xxxxxx
will become 2 + 4xxxxxx land phones
5xxxxxx
will become 2 + 5xxxxxx land phones
6xxxxxx
will become 2 + 6xxxxxx land phones
7xxxxxx
will become 2 + 7xxxxxx land phones
8xxxxxx
will become 8 + 8xxxxxx cell phones
9xxxxxx
will become 8 + 9xxxxxx cell phones
1xxxxxx
will become 1xxxxxx + 0 DSL lines
RCR NOTE:
When dialing from abroad to Costa Rica, you still will have to dial
the 011 international call access code and the Costa Rica country
code of 506, then the new telephone number. Thus, if calling from
the U.S., you would dial 011 506 2 + 2xxxxxx
Lise &
Rolf Zersch
www.bosquedeltolomuco.com
03.018
www.insidecostarica.com
Countdown
To Eight Continues
Callers from
outside Costa Rica will have to dial the eight digits to connect come
Thursday.
The countdown
to the eight digit telephone number system continues as the deadline
of 12:01am March 20 approaches. And all the resources of the Institutio
Costarricesense de Electricidad (ICE) - state monopoly on telecommunications
- have been diverted to the changeover.
In fact, ICE is
so absorbed in ensuring that the changeover goes smoothly, telephone
subscribers cannot even pay their telephone bills this week, either
online, at the supermarket or any ICE agency.
At the Banco de
Costa Rica (BCR) website, all is normal in the process of paying a
telephone bill. However, once the telephone number is entered and
a payment request is made, notice is given that the system is offline
until March 21.
At the Scotiabank
website, the system is offline until March 31, the online banking
website politely tells customers that the online payment system will
return on April 1 in its normality.
Costa Rica, on
March 20, moves to an eight digit telephone system from the current
seven digit system.
The changeover
will affect all fixed line and cellular telephones, as the prefix
2 is added to all fixed line - residential and commercial telephone
numbers - and an 8 to all cellular phones.
Callers from outside
Costa Rica will have to dial the eight digits to connect come Thursday.
www.insidecostarica.com
March 12, 2008
Country
Readying For Semana Santa
Semana Santa or Easter Week, a time that many Costa Rican head for
the beach, resorts and mountains, is around the corner and the Policía
de Tránsito (traffic police) say they are ready, working around
the clock in full force, patrolling the major highways and routes
around the country.
The hope of the
Tránsito is to reduce the number of traffic accidents and fatalities
and according to the MOPT minister, Karla González, all 850
Tránsito officers will be on duty beginning this Friday (March
14) and until Sunday March 23.
The main roads
that Tránsito officials will be mostly visible on are the routes
to Limón, Guanacaste, Puntarenas and the southern zone.
Part of the Tránsito
program is to have spot checks along the major routes, checking drinking
and documents of drivers and the vehicles. The spot checks will be
during the day and night.
German Marín,
head of the Policía de Tránsito, said that the objective
is to make drivers aware of the dangers of reckless driving and consuming
alcohol before getting behind the wheel and the hope is that the spot
checks will raise the consciousness of many drivers to slow down.
In addition to
the Tránsito officials on the road, the Consejo de Transporte
Público (CTP) will have 20 undercover agents riding the buses
ensuring that bus drivers obey the traffic laws, in addition to a
untold number of mechanics who will be carrying out mechanical inspections
of buses.
Authorities are
asking users of buses to help in the fight to reduce deaths on the
roads by calling either 911 or 800-Tránsito any irregularities.
Bus operators
say they have added more buses and with more frequency on the major
routes to Liberia, the Caribbean, Puntarenas and the southern zone,
reminding that no buses will operate on Good Friday, March 21.
As to the weather,
the Instituto Meteorológico Nacional (IMN) - national weather
service - is predicting hot and sunny weather for most areas of the
country. Temperatures are expected to range between 19C and 37C for
the north and central Pacific coast and 20C to 33C for the south Pacific
areas for most of the week.
The Central Valley
is expected to have normal seasonal temperatures for Semana Santa
with possible strong winds at times, Areas like San José, Cartago
and Escazú, will see cooler temperatures than in places like
Heredia, Alajuela and Santa Ana. The Caribbean coast and the northern
zone is expected to see hot days and cool nights with scattered showers.
Many businesses
will be closed starting Wednesday and re-open on Monday, some will
be closed all week, better to call ahead.
Government workers
will be off work as Wednesday and be back on the job on Monday. Most
malls and many retailers are expected to be open, supermarkets will
be on holiday hours for Thursday and Friday.
From
www.Insidecostarica.com March 10, 2008
Immigration
Says At Least 10.000 Ticos Do Not Know They "Foreigner"
Spouse According to a report by the Spanish daily, La Nación,
Costa Rican immigration authorities estimate that some 10.000 Costa
Ricans married to foreigners do not know their spouse, let alone having
met.
The current legislation
leaves the Dirección General de Migración y Extranjería
(immigration service) powerless to act against marriages of convenience,
a loophole in the legislation that is often used by notaries public
and lawyers as an instrument for foreigners to obtain their residency
in Costa Rica.
The immigration
service says it has 44 notaries public on its list that continually
file residency applications mainly catering to Cuban, Chinese, Colombian
and Dominican nationals.
The director de
Migración, Mario Zamora, believes that the lawyers are part
of an international trafficking ring, using false documents to register
marriages with the Registro Civil and then process a residency application
with the immigration service.
In many cases
the marriage is by "por poder" (power of attorney) which
allows a foreigner to marry a Costa Rican from outside Costa Rica
by way of power given to the lawyer or notary public. The loophole
is contained in Article 30 of the Código de Familia.
The Registro Civil
is obligated to accept as valid any such marriage. Luis Antonio Sobrado
the president of the Tribunal Supremo de Elecciones (TSE), the government
body that managers the Registro Civil, says the subject is "complicated"
as the Registro is obligated to accept as valid a marriage as long
as there are no irregularities with the filing.
In addition, the
immigration service had its hands tied behind its back by a decision
of the Constitutional Cort in 2007, when it decided that the immigration
service does not have the authority to question a marriage.
Zamora says that
that decision and the registry process is open to immigration abuse
and has become a way of many "undesireable" foreigners to
enter the country and remain without questions by the his office.
Jorge Murillo,
chief of the visa section at the Migración added that many
times, during the interviews for a residency visa, they have seen
that the person being interviewed does not even know the name of their
spouse, adding that his knows of situations were lawyers or notaries
have charged up us$10.000 for the marriage, then paying only ¢80.000
colones (us$160) to the Costa Rican signing the marriage document.
Both Sobrado and
Zamora say there is an urgent need to change the laws that would do
away with these types of marriages, as well as give the immigration
service the right to question marriages of conveniences when it detects
irregularities.
There is already
legislation in the works, legislation presented by legislator Evita
Arguedas. However, it has not been a priority of the Poder Ejecutivo
(government) and is not on the current schedule of discussion in the
Legislative Assembly.
Insidecostarica.com
02.12.2008
Savings
in Colón Versus Dollar On the Increase
The declining
US dollar is forcing many in Costa Rica to save and borrow in colones
rather in dollars, an apparent trend over the last three months.
Today, for every
¢100 colones that is saved, ¢56 is deposited in a colones
account to only ¢44 colones to a dollar account. A year ago the
ration was 50/50, while before 2006 the ratio was 55% of the deposits
were in dollars.
At the same time,
currently, for every 10 loans, five are in colones. Prior to that,
60% of all loans were in dollars, according to figures released by
the Banco Central de Costa Rica (BCCR) - Costa Rican central bank.
The lower interest
rates and strong competition between the financial institutions have
influenced many to make adjustments to their savings and loans.
For example, interest
rate on real estate loans went from an average 20% annually to the
current 9%. In addition, banks over the last several years have been
promoting loans in colones.
Francisco de Paula
Gutiérrez, president of the Banco Central, said that appreciation
of the colón against the US dollar has "revived"
investor expectations for the colón.
The BCCR says
that deposits in colones is up 27% in the last year, while savings
in dollars only grew 6%.
The biggest change
came last November when the BCCR re-evaluate the exchange rate by
4%, taking the exchange rate of the colón to the U.S. dollar
from ¢520 colones to ¢500.
With
Costa Rica's mail, it's address unknown
A nation without
street signs or numbers tries to sort out a new system
By Marla Dickerson
Los Angeles Times Staff Writer
November 5 2007
SAN JOSE, COSTA
RICA & Pity the poor Costa Rican postman. Sure, he doesn't have
to deal with sleet or snow. But consider what passes for an address
here
The complete article
can be viewed at:
http://www.latimes.com/news/nationworld/nation/la-fi-crmail5nov05,1,28
7769.story
Visit latimes.com
at http://www.latimes.com
Casa
Presidencial produces yet another immigration proposal
By the A.M. Costa
Rica staff
Casa Presidencial
has revised yet again the draft of a proposed law on immigration that
the executive branch will send to the legislature.
The new draft
was unexpected because the Arias administration said Jan. 24 that
it was ready to send a measure to lawmakers for consideration.
Although a Casa
Presidencial spokesperson said that only a few small changes were
incorporated in the new draft, the number of words grew by 2,300,
not counting a lengthy explanation of motives that has been added
as a preface.
The new draft
specifically levies a $25 annual charge on anyone who uses the immigration
services as a resident. A separate $5 charge would be assessed on
persons who were not residents, presumably tourists, cruise ship passengers,
business people who visit briefly and those on work visas. This assessment
had been talked about but was not contained in previous drafts of
the proposed law.
Under the current
law, pensionados have to show a monthly income of $600. The first
draft of the proposed law reduced this to $300. Now the new draft
specifies $500 a month.
Rentistas continue
to have to show income of at least $2,000 a month or a bank deposit
assuring that level of income. Spouses are included in this amount.
Government officials
call the new draft a key element in the fight against corruption,
human trafficking and sexual and labor exploitation. Fernando Berrocal,
the minister of Gobernación, Policía y Seguridad Pública,
said that officials spent 800 hours during the last six months in
meetings discussing the new draft. His ministry holds the Dirección
General de Migración y Extranjería or immigration service.
The $25 a year
that foreign residents would pay is earmarked for the Caja Costarricense
del Seguro Social and the Ministerio de Educación Pública
to help support the overworked health and educational services.
Berrocal said
that the new law would provide 6 billion colons (some $11.5 million)
to overhaul the immigration information computer systems, transforming
the agency from a place where work is done manually to one that is
automated.
The immigration
agency is having computer problems now with the link from the Daniel
Oduber airport in Liberia and the central computer systems. That has
meant long waits for tourists entering and leaving the country.
In addition, the
immigration agency has been the victim of internal and external frauds
that have provided persons with false renewals of their visas and
false documents. A secure computer system would cut down on frauds.
The upgraded Policía
Técnica Migratoria will have more powers, and the work of human
trafficking will continue to be a crime with a possible 16-year sentence.
Immigration workers
who accept bribes could be jailed for up to five years, and private
employers who hire persons who do not have the right to work in Costa
Rica, such as tourists, could face fines of up to 1.5 million colons
(about $3,600) per employee.
The new draft
expands the power of officials to grant waivers from the law. The
initial draft gave the president of the country this privilege. The
proposed draft extends these rights to the director of immigration.
Article 65 of
the draft says that the president, after consultation with the Consejo
de Gobierno, can issue a decree to legalize the immigration condition
of foreigners
The immigration director can do so but only case by case.
Observers expect
President Óscar Arias Sánchez to extend residency to
illegal Nicaraguans and others on the condition they pay the fees
for the Caja and the education ministry.
Such a move would
solve how the central government would extend payment of this fee
to illegal immigrants who are heavy users of medical and educational
services.
The new draft
does not differentiate between residents, and there is no provision
for a higher monthly fee from North Americans and Europeans as there
was in the initial draft.
There is no limit
in the new draft on how many times persons may renew their tourist
visa. Many foreigners live here as perpetual tourists, leaving every
90 days for 72 hours to renew their tourist visa.
As a news story
said Monday, there are no regulations drawn up yet to provide working
guidelines for the proposed law or even the law that is on the books.
It would be within the regulations where many details are established.
The proposed draft makes reference to regulations.
The
New York Tines, electronic edition 08 October
2007
Costa Rican President
Says U.S. Trade Pact Passes
By THE ASSOCIATED PRESS
Published: October 8, 2007
Filed at 10:15 a.m. ET
SAN JOSE, Costa
Rica (AP) -- Costa Ricans on Sunday appeared to narrowly vote in favor
of joining the Central American Free Trade Agreement with the U.S.,
and President Oscar Arias declared victory for the pact. But with
results so far contradicting most earlier polls, the opposition balked
at conceding before a manual recount.
With 89 percent
of the precincts reporting, nearly 52 percent of votes backed the
agreement, which sharply divided the country between those arguing
it would bring continued economic development and critics who feared
it could hurt farmers and small businesses.
''Costa Rica's
people have said 'yes' to the treaty, and this is a sacred vote,''
Arias said.
But Eugenio Trejos,
the leader of the pact's opposition, said he would not recognize the
results and vowed to wait for a manual recount scheduled to begin
Tuesday.
''The people have
spoken, and the achievements we have obtained won't be lost,'' he
said. ''That's why we will wait for the ballot-by-ballot recount.''
Arias urged the
nation to move forward.
''The treaty isn't
what divides us,'' he said. ''It's poverty that affects 900,000 Costa
Ricans, a lack of work and violence. These are the things that separate
us, and they will continue to be my priority.''
The presumed victory
was a surprise, given that most polls leading up to the vote had predicted
an easy defeat.
Costa Rica is
the only one of the six Latin American signatories to the trade deal,
known as CAFTA, that has yet to ratify it. The pact is in effect in
the Dominican Republic, Guatemala, Honduras, Nicaragua and El Salvador.
The results were
closely watched by the White House, which fought a bruising political
battle to get the deal ratified by the Congress, where it passed by
a two-vote margin.
Ahead of the vote,
U.S. officials and Arias appealed for voters to back the deal. The
White House on Saturday said if Costa Ricans vote against joining
the agreement, the Bush administration will not renegotiate the deal
and it urged people to recognize the treaty's benefits.
The pact would
''expand Costa Rica's access to the U.S. market, safeguard that access
under international law, attract U.S. and other investment and link
Costa Rica to some of the most dynamic economies of our hemisphere,''
White House press secretary Dana Perino said in a statement.
U.S. officials
also suggested they may not extend trade preferences now afforded
to Costa Rican products and set to expire next September.
Arias said a 'no'
vote would affect industries in this Central American nation of 4.5
million people, and called it an ''important tool for generating wealth
in the country.''
Arias, who won
a Nobel Peace Prize for helping end Central America's civil wars in
the 1980s, also said rejecting the pact would threatened trade benefits
that help Costa Rica's textile and tuna industries.
But critics of
the pact object to its requirements that Costa Rica open its telecommunications,
services and agricultural sectors to greater competition. They also
fear it will mean a flood of cheap U.S. farm imports.
When Arias arrived
at a polling station to vote, opponents of the pact almost prevent
him from entering and yelled ''Arias traitor!'' Others shouted in
support of the pact.
Groups of demonstrators
for and against the agreement marched Sunday in the capital, San Jose.
Pablo Chacon,
a 63-year-old former truck driver, said he planned to vote 'yes' because
that would mean more opportunities for his children.
''I have children
who are studying and one even works for Intel, and if they took it
away, what would my children do?'' he said.
But many Costa
Ricans were skeptical of the pact, or downright hostile.
Lawyer Flor Vega
said she feared the trade agreement would end up giving foreign interests
the development rights to Costa Rica's natural resources.
''I'm going with
'no' because the treaty has a very broad definition of land,'' she
said. ''They can use the ground and underground, and this is a good
reason to say 'no.'''
As polls closed
Sunday evening, electoral authorities estimated that participation
surpassed 40 percent of registered voters, the minimum for results
to be binding.
Despite its conflicts
over trade, Costa Rica fares better than other Central American countries:
It has a thriving eco-tourism industry, maintains relatively high-paying
jobs and is a magnet for Salvadoran and Nicaraguan migrants.
Costa Rica exported
$3.37 billion in goods to the United States last year and imported
goods worth $4.57 billion, according to Costa Rica's trade ministry.
09.03.2007
Costa
Rica: Land of Pure Life
Description:
This website is one of Public Broadcasting System's (PBS) Living Edens.
The site includes material on turtles and other animals including
crocodiles and caimans, ants, monkeys, poison dart frogs, quetzals,
snakes, and butterflies.
Users
can also read about Arenal
Volcano, and about visiting parks in Costa Rica including Arenal National
Park, Poas Volcano National Park, Palo Verde National Park, Tortuguero
National Park, Manuel Antonio National Park, and Corcovado National
Park.
Viewers can also
look at web resources, download free screensavers, and find two middle
school classroom projects. One is about population dynamics; students
grow frog eggs. The second is about volcanoes and soil formation;
it involves growing seeds on volcanic rocks. The classroom projects
also suggest exercises built around viewing the video. DLESE's mission
is to improve the quality, quantity, and efficiency of teaching and
learning about the Earth System, by developing, managing, and providing
access to high-quality educational resources and supporting services
through a community-based, distributed digital library.
Intended
users include
students, educators and citizens of all ages, in both formal and informal
learning environments.
For anyone planning
a visit to Costa Rica, the site contains an overview of several national
parks. The website also contains a collection of
annotated web resource links.
http://www.pbs.org/edens/costarica/index.html
Insidecostarica.com
04.03.2007
What is Open And Not During
Semana Santa (04/02/07 - 04/06/07)
Many institutions and businesses are still open this week, Semana
Santa, but on limited hours and days.
Banks, embassies,
and public utility institutions are all open today, Monday and Tuesday
and while some remain open Wednesday morning, all will be closed Thursday
and Friday.
The Instituto
Costarricense de Electricidad (ICE), the Compañía Nacional
de Fuerza y Luz and the Acueductos y Alcanterillados (AyA), will all
be open Monday and Tuesday. After that the lines will be open for
emergency calls and repairs.
The U.S. and Canadian
embassies in Costa Rica will be open regular hours Monday, Tuesday
and Wednesday, closed Thursday and Friday. Other embassies will follow
similar hours.
Banks, both private
and state, will be open Monday, Tuesday and Wednesday and be closed
Thursday to Sunday, reopening for regular business on Monday. However,
some bank branches inside department stores like the EPA and Pricesmart
will remain open offering limited services.
Supermarkets and
malls will be open all week, however, will be on limited hours on
Thursday and Friday.
And just in case
you forgot, as of midnight Wednesday the sale of all liquor, wine
and beer will be suspended until after midnight on Friday.
--------------------------------------------------
NOTE FROM RESIDENCY IN COSTA RICA: MIgracion will be open all day
on Monday and Tuesday, and Wednesday from 8 am to 12 noon for emergencies
only.
Stiff
penalties for overstaying tourist visa
Immigration draft easy on pensionados, not rentistas
By the A.M. Costa Rica staff
A proposed redraft
of the nation's immigration laws would require less monthly income
to be a foreigner here living on a pension, but the monthly income
to be a rentista would double.
The proposal,
provided in draft form Thursday by Casa Presidencial, is not fixed
in stone, and after it is sent to the Asamblea Legislativa major changes
may take place. And the proposal might not even be passed into law.
The proposal also
allows so-called temporary residents, inversionistas, pensionados
and rentistas, to apply for permanent residency after just two years
in the country. The current period is three years, and the period
used to be five years.
The law also creates
a special fund and assessment for most foreigners living here. The
purpose is to generate some income for the state to pay for medical
and educational services used by foreigners. No figure is set in the
proposed law, and the amount is left to the discretion of the director
general of Migración y Extranjería. Officials have said
that the base amount, around $20 a month, might vary depending on
the immigration category, a suggestion that North American residents
who generally are pensionados, rentistas and inversionistas would
pay more each month than Nicaraguan day laborers.
The proposal has
268 articles and 26,200 words. Some sections appear to be just suggestions
for changes in the existing law that was passed by the previous legislature
and signed by former president Abel Pacheco. The law is full of references
to the human rights of foreigners and contains language against discrimination.
The proposal also
takes a firm stand against those who work here on tourist visas, something
which is not clear in the current law.
The proposal continues
current penalties for hiring illegal immigrants or housing them, but
there is a new phrase that exempts those who house illegal immigrants
for humanitarian purposes. The Catholic Church has opposed the current
law because the church officials thought safe houses provided for
displaced illegal immigrants might lead to penalties.
The proposed law
also contains stiff penalties for overstaying a tourist or other visa
that could run into the hundreds or thousands of dollars. Those who
overstay visas face a fine equal to double the monthly assessment
for their immigration category for each day they have overstayed their
visa. Or they must remain out of the country for triple the time they
have overstayed the visa.
According to the
proposal, those seeking to stay in Costa Rica as a pensionado would
have to show a monthly income, usually a secure pension, of $500 a
month. Now the amount is $600 a month.
Rentistas would
have to show a monthly income of $2,000 instead of the current $1,000.
However, the proposal eliminates an additional $1,000 of income for
a spouse and $500 a month for each dependent child.
Typically rentistas
have put $60,000 in a bank account to show financial capability for
five years.
Recently the amount
doubled for those with spouses. That amount was keyed to the five
years one must remain a rentista before seeking permanent residency.
Now with permanent residency possible after just two years, a rentista
might be able to qualify with just $48,000 in the bank, depending
on how the proposed law, if passed, is interpreted.
Tourists continue
to be considered non-residents and do not build time toward residency,
under terms of the proposal.
The proposal continues
to forbid entrance to Costa Rica to persons who have been convicted
of various crimes ranging from drug smuggling to domestic violence
and also to those associated with criminal gangs. But the way to check
such crimes in other countries is limited.
Much has been
said about how the immigration proposal would legalize the status
of thousands of illegal residents of Costa Rica, primarily Nicaraguans.
But a detailed reading of the proposal shows it does not do that.
Instead, it creates the possibility that the executive branch may
issue a decree that would legalize persons — as long as they
were not criminals. — who would otherwise not be eligible for
residency here
Temporary residents,
such as inversionistas, pensionados and rentistas would still be forbidden
to work for a salary, but the law spells out clearly that they can
do work on their own account. That has been interpreted as running
their own businesses. They must spend at least six months in the country
each year, according to the proposal.
The proposal would
allow tourists to prolong their stay here at the end of 90 days but
would expose someone in that category to penalties if they did not
leave when their tourism period had expired. The proposal also specifically
forbids tourists from working.
The law withholds
permanent residency from new foreign spouses of Costa Ricans for three
years and requires them to show that they are living together as a
couple every year.
The proposal also
lets foreigners apply for various immigration categories while they
are in Costa Rica. The current law requires that foreigners do so
at the Costa Rican consulate in their country, although in the past
this has been ignored sometimes.
Those who are
deported do not have the right to return to Costa Rica for five years,
under the proposal. Those who are expelled for compromising the peace
and security of the country would not be able to return for 10 years.
But those who commit serious crimes against young people, the aged
or the disabled would not be able to return for 25 years.
The Arias administration
decided to redo the immigration law even though the new one only went
into effect in August. The new law has been criticized for being harsh.
From
Investors Off-Shore News, 16 August 2006
http://www.investorsoffshore.com
Costa Rica's Immigration Laws In Limbo, by Mike Godfrey, Tax-News.com,
Washington 15 August 2006
A new immigration
law which was passed by Costa Rican lawmakers last week appears to
have merely muddied further the already uncertain waters concerning
new investment and income qualifications needed to obtain Costa Rican
residency, or rentista, status for foreign expats.
The legislation
aims to crack down on illegal immigration from neighbouring countries,
particularly Nicaragua, by, among other measures, imposing tough penalties
on businesses that employ, or individuals that harbour, illegal immigrants.
However, the authorities say that they have not got nearly enough
resources to police the new laws, and the Arias administration, which
opposes the bill but was elected after it was drafted, is attempting
to kill the law.
The law also sets
out new income and investment limits for rentistas, but the legislation
is ambiguous. Previously, rentistas were obliged to show a minimum
monthly income of US$1,000 per month, or a lump sum of US$60,000 in
a foreign bank account. Under the updated law, it seems that both
the primary applicant and the spouse must pass the US$60,000 test,
while an extra $30,000 would be required for each dependent. However,
it seems that two separate sections of the legislation contradict
each other and therefore at this time, confusion reigns.
Arias had attempted
to get the enactment legislation delayed until December 31, 2007,
but the government had failed to submit the amendment before the Legislative
Assembly approved the bill.
Government ministers
have indicated that they will act this week to introduce a new bill
nullifying the changes, but until that happens, it seems that Costa
Rica's immigration laws remain in limbo.
www.amcostarica
08/14/2006 edition
Rentista category up in the air
Immigration rules clouded by temporary law
By the A.M. Costa Rica staff
A new immigration
law has gone into effect, and those who are seeking residency and
the experts who help them are confused.
One problem for
expats is that the law is ambiguous on the financial requirements
for rentistas. In the past a rentista could show a foreign income
of $1,000 a month to qualify. Frequently this was nothing more than
$60,000 placed in a foreign or local bank account.
The new law seems
to require $60,000 for the primary applicant and $60,000 more for
a spouse. For each minor child, an applicant would have to show $30,000
more.
The immigration
law actually got passed and went into effect with two sections that
conflict on this point. But no one seems anxious to remedy this problem.
The Arias administration
said that it wanted to delay the new law going into effect. It even
proposed a one line change that would have delayed the effective date
until December 2007. But the executive branch took six weeks to submit
this small change to the legislature, and lawmakers took their time
in reviewing it.
Now that change
seems to be moot. It seems unlikely that the legislature can change
the effective date when the law already has gone into effect. What
is needed now is a new bill to make the changes the Arias administration
wants.
The changes would
be extensive because Fernando Berrocal, the security minister who
oversees immigration, said he does not have the resources to enforce
the law. The new law creates penalties for those who employee and
harbor illegal aliens. It also criminalizes for the first time human
trafficking.
The missteps by
the administration and a compliant legislature raise the question
of whether the Arias administration let the law go into effect even
as officials claimed they opposed it.
The foreign minister,
Bruno Stagno, told Nicaraguan officials the law would not go into
effect. That irked lawmakers who are jealous of their rights.
Óscar Arias
Sánchez calls the law draconian, but a careful reading shows
that the law is not unlike similar laws of many countries.
The Arias administration,
however, has hundreds of thousands of Nicaraguans living illegally
here, mostly in poor conditions. This is a simmering danger for public
safety, and occasional riots do take place in the slums. The Roman
Catholic Church opposes the new law, too, because church leaders believe
the law could bring problems for shelters and church houses used mainly
by illegal Nicaraguans.
Security officials
have said their first concern is rooting out corruption in the Dirección
General de Migración y Extranjería. Corruption is widespread.
That was seen Thursday when law officers detained a man believed to
be a leader of a Colombian rebel group. He gained residency in what
appears to be a fake marriage. And he got his papers in a month, an
astoundingly short time for the slow-moving immigration department.
A wave of apparent
fake marriages to Chinese and Cubans is under investigation by officials,
and some current and former immigration employees are at the center
of the probe.
If the assessment
of Berrocal is correct, the current administration does not have the
resources needed to enforce immigration rules at all. Thousands of
persons are living here illegally, and not just Nicaraguan agricultural
workers.
David Carruthers,
the former BetonSports sportsbook manager imprisoned in the United
States, appears to have been working here illegally on a tourism visa.
When police raided
the home of another sportsbook operator, they found foreigners with
guns. They were identified by Calvin Ayres, operator of Bodog.com,
as actors hired to play bodyguards in a film. The men were quietly
ushered out of the country. Now, according to sources at Bodog.com,
they are back in the country again working as armed bodyguards.
In another case,
Escazú investment adviser Mark Boswell, doing business under
the name of Rex Howard, openly brags on his Web site that he has been
conducting business here for five years while holding just a tourism
visa.
Others are not
so open, but are what are called perpetual tourists, getting their
passport stamped with an exit and entrance visa every 90 days. The
status of perpetual tourist is cloudy, but if someone is working on
a tourism visa, they are violating the law, old or new.
The new immigration
law that the government says it cannot enforce makes that clear. Still,
immigration has been lacking in response when illegal situations are
pointed out. In one case, expats were involved in a court case with
a businessman here who has just a tourism visa. They asked immigration
officials to detain the man but said they were told that the agency
has limited staff.
Nicaragua's foreign
minister, Norman Caldera, was very clear in a Managua press conference
Saturday when he said Costa Rica has assured him that there would
be no enforcement of the new law with regard to his citizens. He also
said that he was told the legislature would either change or abolish
the new law.
Mario Zamora,
director general of Costa Rican immigration, was in the border town
of Peñas Blanca over the weekend meeting with the Nicaraguan
immigration director, Fausto Carcabelos. They were said to be discussing
a possible system that would allow easier border crossings for nationals
of both countries.
There has been
no change under the new law of the requirements for pensionado. Still
required is proof of a pension income of at least $600 a month, spouse
included.
Still, there has
been no disclosure of the internal regulations that accompany a new
law. It would seem that much of the work of the immigration department
is frozen now without clear regulations to guide workers.
And no one knows
what changes in the new law might actually be made after proposals
experience hearings, discussions and amendments in the Asamblea Legislativa.
RCR
Staff: (25 June 2006): There appears to be a strong possibility
that the Immigration Reform Law, presently scheduled to go into effect
on 12 August 2006, may be delayed for up to 15 months. This delay
will allow the Arias Administration to amend and or rescind certain
portions of the law that deal with human rights issues, the criminalization
of hiring illegal aliens and the harboring of illegal aliens. Additionally,
the Arias Administration claims that it does not heave the $13 million
required to fund the programs mandate by the maw, including additional
Migracion police officers, jails, hiring of legal counsel to defend
those initials arrested under the new regulations.
Should the effective
date of the Immigration Law be postponed, that would also postpone
the new income requirements for rentistas from coming into effect
on August 12, 2006.
Below are the
two articles used as the source for this update, TicoTimes 06.16.05,
and La Nacion 06.25.06 (in Spanish). Javier Zavaleta
Tico
Times, June 16, 2006 www.ticotimes.net
Arias
Administration Plans To Postpone Immigration Reform Law
The administration
of President Oscar Arias plans to send a bill to the Legislative
Assembly that would prevent the new Immigration Law from taking effect
in August and delay it for at least a year. The delay is designed
to give the government time to prepare for the costs of implement-ing
the law and examine aspects of the law that have been criticized by
the President,as well as academics, religious figures and the
Ombudsman's Office.
Mario Zamora,the
new director of Immigration, told the daily La Nacion his institution
would have to spend ¢7 billion ($13.7 million) for the new police,
infra- structure and administrative reforms the law demands. For example,
the law would require increasing the Immigration Police force from
35 to 600.
Zamora added that
the law, which cracks down on illegal immigration through measures
such as increased penal- ties for people who hire illegal immigrants,
includes eminently repressive regulations, and Arias administration
officials would use a delay to study reforms to counteract those regulations.
Public Security
Minister Fernando Berrocal told the daily the government would have
to spend a fortune to apply the new law, and that he couldn't under-
stand how the law could have been drafted.The bill the Arias administration
plans to submit would alter Article 269 of the law; the article states
that the law must take effect eight months after its publication in
the official government daily La Gaceta, which took place Dec.12,2005.
Other measures the law includes are greater freedom for police in
their efforts to find and remove illegal immigrants, deten- tion for
an undefined length of time for those suspected of being illegal immigrants,
and changes to improve the efficiency of Immigration (TT,Aug.26,2005).
Tico Times
La
Nacion, 25 June 2006 --
http://www.nacion.com/ln_ee/2006/junio/25/pais3.html
Gobierno urge
atrasar nueva Ley de Migración
Álvaro
Murillo M.
alvaromurillo@nacion.com
El Gobierno aplicará
un intenso cabildeo legislativo a favor de la reforma que presentará
esta semana para posponer más de un año la entrada en
vigencia de la nueva Ley de migración y extranjería.
El Gobierno trabaja
en el texto para convencer a los diputados de la imposibilidad presupuestaria
para ejecutar la ley, lista para que partir del 12 de agosto se apliquen
medidas que, además, no agradan del todo a las nuevas autoridades.
"Me iré
a la Asamblea Legislativa a hablar con los jefes de fracción.
Necesitamos meterlo en agenda y darle dispensa de trámite ¡Agosto
está encima!", expresó el ministro de Seguridad,
Fernando Berrocal.
La Dirección
General de Migración y Extranjería carece de los ¢7.000
millones que, según calcula Berrocal, son necesarios para aplicar
la legislación creada por el Congreso anterior.
El dinero es necesario
para tener más abogados, policías especializados, más
oficinas y vehículos, centros de detención, equipo tecnológico
y oficinas, entre otros.
"No tenemos ese dinero este año y es muy difícil
que se nos conceda para el 2007", agregó Berrocal.
Por eso, la intención
es reformar el artículo que establece la entrada en vigencia
de la ley, para tener unos 15 meses más.
La nueva legislación
contempla cárcel para el tráfico de personas, multas
a patronos que contraten inmigrantes ilegales y a nacionales que los
encubran, además de deportación a cualquier inmigrante
que no logre demostrar su condición legal en el país.
La ley enfrentó
las críticas de la Iglesia, universitarios y grupos defensores
de derechos humanos, además de que el presidente, Óscar
Arias, calificó de "draconianas" algunas de esas
medidas, aunque reconoció la necesidad de regular el flujo
inmigratorio.
Berrocal admitió
que, de posponerse la entrada en vigencia, podría iniciarse
un debate para reformar la ley en en el fondo.
El director de
Migración, Mario Zamora, aseveró que la ley hecha por
los anteriores diputados "parte de principios errados" y
ni siquiera debería tomarse como punto de arranque para un
nuevo plan.
Source:
insidecostarica.com 05/04/2006
Constitutional
Court To Decide on Gay Marriages
It
wouldn't be until later in the day that the Sala Constitucional or
Sala IV as it is known will begin to discuss the appeal that would
allow marriage between partners of the same sex.
A
number of homosexuals will be on hand for the hearings will decide
if gay couples have the same equal protection of rights as straight
couples.
Child
adoption is a major part of the controversy.
Holland
was the first country to legalize gay marriages. This year Spain made
a turnabout from a firm no to a yes to allow same sex marriages and
to benefit from all the legal rights as traditional marriages.
Though
the case is going before the Constitutional court today, a decision
is not expected until sometime in June.
Seven
magistrates will hear the arguments and made decision on the Constitutionality
of gay marriages, specifically Article 14, section 6 of the Código
de Familia (Family Code), which says that "it is leally impossible
marriages... between people of the same sex".
The
appeal to that section of the law was first made in July of 2003 and
has been in study since. Today's hearings is for the benefit of the
magistrates who will hear the opinions on the matter, including those
of the Attorney General.
Expected
to present arguments are groups both in favour and against the union
that may include up to 94 people giving testimony.
The
major argument in the appeal is that the Código de Familia
discriminates people of the same sex in contracting marriage and violating
the basic concept of equality and liberty of expression established
in the Constitución Política (political constitution)
of the country.
The
pro group will argue for the rights of adults of the same sex to demonstrate
their love, voluntarily and openly and be able to get married without
having their rights violated
Source;
amcostarica.com 03.02.2006
Married rentistas hurry to make deadline
By the A.M. Costa Rica staff
Those
seeking rentista residency and the advisers who guide them are trying
to get the application papers filed as soon as possible.
The
problem is that the new immigration law contains a clause that doubles
from $60,000 to $120,000 the money a married rentista must have. Although
the clause is in conflict with another section, those who deal in
helping foreigners with residency expect immigration officials to
accept the most strict version.
The
immigration law has been passed but does not go into effect until
August. One company involved in residency applications, Residency
in Costa Rica, said it strongly recommends that rentista applications
be filed not later than the first week of July 2006.
Single
persons who seek rentista status and those who seek pensionado status
face no changes in financial capability in the new law. A single rentista
must show that he or she has $60,000 in a bank and agree to change
$1,000 a month into colons.
In
addition to an extra $1,000 a month income for a spouse, rentistas
have to show income of $500 a month for each minor child.
A
pensionado or a pensionado and spouse must still show that he or they
have a recognized pension generating at least $600 a month.
Ryan
Piercy is executive director of the Association of Residents of Costa
Rica. The organization also helps foreigners gain residency. He said
Wednesday that lawyers for his organization will be seeking easy ways
for foreigners to meet the requirements. But because the regulations
that implement the new law have not been written yet, there are no
clear answers, he said.
He
urged anyone who wants to gain rentista residency to do so before
August. However, he also noted that many part-time residents may be
able to visit here for up to six months simply by using tourist visas.
Piercy
said that he sees the new law as providing an opportunity for more
flexible treatment of the funds held by rentistas. In the past, the
Dirección General de Migración y Extranjería
accepted only a cash sum on deposit in a traditional bank.
Johnny
Marín, the new director of immigration has said that he was
open to changes in the way the rentista shows financial stability.
He said a flow of monthly rents from real estate holdings might be
acceptable.
The
rentista category attracts persons who have money but no traditional
pension or persons who are too young to receive pension money. Marín
testified against the category at the Asamblea Legislativa, saying
that money launderers use the category to live here.
As
with other residency requests, applicants have to provide certified
copies of birth, marriage and other certificates. This can be a lengthy
process because the documents have to be validated by the Costa Rican
consul in the area where the certificate was generated.
Immigration
creates new form of ID cards
By
the A.M. Cost Rica staff
Pensionados
and rentistas in Costa Rica have a new form of identification in the
future, but it will cost them. $114 to be exact.
The
idea is to have one type of identification instead of the six different
types in use now. The new identification is a plastic card, much like
a driver's license or the cédula de identidad that Costa Rican
citizens carry. The card will be encoded with electronic information.
The
resolution and the cost appeared in La Gaceta Feb. 14 and was the
subject of an announcement by the Dirección General de Migración
y Extranjería Tuesday. The rule went into effect Friday.
Refugees
and others get a better deal. They have to pay $14 and 2,500 colons,
about $5, according to the announcement. They used to get their identification
papers for free. Lost or stolen identifications now will cost $28.
In all cases, the money is paid to a national bank and just the receipt
is brought to immigration for renewal.
New
Immigration Law to become effective August 12, 2006
NEW
INCOME REQUIREMENT OF RENTISTA PROGRAM
Costa
Rica's new Immigration Reform Law, approved November 2005, is set
to become effective eight months after the publication of the bill
in La Gazeta, the government's official newspaper. Since the law was
published on Monday, December 12, 2005, the new law will go into effect
on August 12, 2006.
The
NEW law contains a new section, Article 79, that requires income of
US$2,000 per month when the applicant is also claiming his/her spouse
as a dependent resident (both husband and wife are applying for residency),
plus an additional income of $500 per month per child. Thus, a family
of four--husband, wife and two children-- would be required to prove
$3,000 of monthly income in order to qualify for rentista status.
Because
of the marked increase in the rentista income requirement and its
potential impact, there is be a possibility that Article 79 could
be modified prior to the law coming into effect in August 2006. However,
if no changes are made to the income requirement, the NEW law will
stand and require $2,000 for a married couple to apply for residency
under the rentista program.
Please
note that the old requirement of $1,000 for a SINGLE (unmarried) rentista
applicant remains unchanged under the new law.
Some
good news: Rentista applications filed prior to the August
2006 deadline will be decided by Migracion under the CURRENT monthly
income requirement of $1,000 for the entire family unit (husband,
wife and all children under 18). To be able to take advantage of this
window of opportunity to file under the old income requirement, Residency
in Costa Rica strongly recommends that "rentista" applications
be filed not later than the first week of July 2006.
For
your information, the text of Section 79 reads in Spanish:
"ARTÍCULO 79.
Para
la obtención de la permanencia legal bajo la subcategoría
de rentistas, los extranjeros deberán comprobar que disfrutan
de rentas permanentes y estables provenientes o generadas desde el
exterior, por un monto no inferior a dos mil dólares, moneda
de los Estados Unidos de América. Con dicho monto el interesado
podrá solicitar su permanencia legal y la de su cónyuge,
bajo esta
subcategoría. Además, el extranjero que pretenda la
permanencia legal de
sus hijos menores de edad, o que cursen estudios hasta los veinticinco
años,
o discapacitados, deberá demostrar que recibe adicionalmente
en sus rentas, quinientos dólares, moneda de los Estados Unidos
de América, por cada uno."
Ley de Migracion y Extranjería (Costa Rica)
Source:
insidecostarica.com 12.11.2005
New Immigration Law Will Go Into Effect Next
August
The
countdown begins tomorrow when the Ley de Migración y Extranjería
is published in the official government newspaper La Gaceta. The law
was ratified some five weeks ago and allowed for an eight month grace
period. All laws and regulations must be published in La Gaceta before
they can take effect.
On
August 12, 2006, immigration authorities will then have the power
to apply the strict new measures, unless the new president and government
that will take office next May makes changes to the law.
"Coyotes"
- those who move illegals between borders - will face fines of up
to ¢2.2 million colones (us$4.400 dollars). As well, the estimated
400.000 illegal foreigners need to have their status cleared up by
then or face deportation.
The
new law will also sanction employers who hire illegals.
Authorities
say that the new immigration law will improve security and reduce
the exploitation of immigrants. A problem the government has faced
for years is the burden on the social security system of illegal workers
who don't make contributions but are not refused medical attention
at state hospitals and clinics.
Critics
against the new immigration law are many, including politicians, academics
and social and religious leaders.
For
Example, presidential candidate, Oscar Arias, asked president Pacheco
to rescind a part of the new immigration law, saying the new law would
give immigration police "gestapo" type authority.
"With
the new legislation, we will see an abuse in deporting illegal immigrations
because they don't have their documents in order", said Arias
last October.
With
the delay in the law coming into effect, Arias will have the opportunity
to change the law if he is elected president in February, who, according
to the polls is a shoe-in.
As
well the Bishops of the Comisión Nacional de Rectores (Conare)
and the Defensoría de los Habitantes (Ombudsman) are against
the law.
For
his part, Minister of Seguridad Pública, Rogelio Ramos, says
that "if they don't like it, they can change it", referring
that the opposition can then press the new government for the change,
meanwhile his ministry is moving ahead with the logistics plans, equipment
and personnel for the changes the law will require.
One
obstacle that the Dirección de Migración y Extranjería
(immigration department) has to overcome is the getting budget approval
for the added cost of enforcing the new regulations come August.
Source:
insidecostarica.com 11.02.2005
Costa Rica Tops List on Fodor's Unique Travel
Experiences
Set
among an ancient forest yet only 200 metres from the beach, Blue Jay
eco-lodge, Mal Pais, Costa Rica, suggests exclusivity.
But
like the nine other hotels to make it onto Fodor Travel Guide's choice
list for 2006, it has been selected not because it is one of the world's
most famous or most expensive hotels, but because of the unique and
unusual experience it offers its guests
With
rooms starting from just over us$80 per night in the high season,
and little over us$55 per night in the low season – based on
two people sharing – expensive it is not.
Fodor
asked its editors and writers for their top picks for hotels, restaurants
and sites/experiences and has come up with a variety of options for
different sized budgets.
For
those wishing to spend a bit more on accommodation, the Coral Reef
Club, Barbados, And for those who truly want to splash the cash, Fodor
recommends the Esperanza, Los Cobos, Mexico.
The
Carnaval de Quebec in Canada's Quebec City heads the list of not-to-be-missed
sights and experiences, which also includes diving in St Eustatius
in the Caribbean, Kayaking in the Bahia Mosquito, Vieques, Porto Rico,
and skiing at Cortina d'Ampezzo, Italy.
A
visit to the Recoleta Cemetery in Buenos Aires, Argentina, a trip
to Australia's Red Centre to see Uluru (Ayers Rock) and Kata Tjuta;
and stargazing atop Mauna Kea on Hawaii's Big Island also make the
list.
-
Fodor's
Choice 2006 list of hotels
-
Blue
Jay Lodge, Malpais, Costa Rica
-
Chakrabongse
Villas, Bangkok, Thailand
-
Coral
Reef Club, St. James, Barbados
-
Esperanza,
Los Cabos, Mexico
-
Faena
Hotel + Universe, Buenos Aires, Argentina
-
Ho'oilo
House, Maui, Hawaii, US
-
Mala
Mala, Mpumalanga, South Africa
-
Morgan's
Rock Hacienda and Ecolodge, Playa Ocotal, Nicaragua
-
Parador
de Malaga Gibralfaro, Malaga, Spain
-
Red
Setter Inn, Greer, Arizona, US
Immigration
bill gets a new first approval
By the A.M. Costa Rica staff
The
Asamblea Legislativa approved on first reading a revised immigration
bill Monday. The vote was 38 to 5 suggesting that the measure has
a good chance when it comes back on the floor for the second and final
vote.
The
purpose of the bill is to give Costa Rica more control over the flow
of foreigners who come to the country. The measure creates new categories
of legal visitors. And the bill would criminalize people who smuggle
illegal immigrants.
The
proposal also puts more legality behind the Policía de Migración
y Extranjería.
The
immigration law already was approved on first reading once, but lawmakers
sent it to the Sala IV constitutional court for review. The magistrates
generally found the law to be constitutional but had some concerns
that were addressed in the draft that was approved again Monday. The
Roman Catholic Church also expressed some concerns, particularly for
the poor and refugees who might run afoul of the law.
A
big sticking point was a section of the law that said foreigners who
marry Costa Ricans must live together as man and wife for two years
outside Costa Rica. That section was deleted, even though the original
goal was to attack fake marriages.
Johnny
Marín, the new director general of Migración y Extranjería,
said in an interview published Oct. 12 that new regulations would
be drafted if the new law were to be approved. The regulations would
translate the wording of the law into working policies for his department.
But lawyers will need time to draft the policies, so the new law,
even if approved as anticipated next week, would not have a quick
impact.
For
the expat community, the law still says a pensionado must have a monthly
income of at least $600. Some lawmakers wanted to raise that amount
to reflect current prices. The rentista category, which was deleted
from the first draft of the law, has been reinstated with a monthly
income qualification of $1,000. Marín said he would like to
draft rules that would guarantee that rentistas actually do bring
that amount of money into the country each month. He speculated that
bank transfers might be a solution
The
new law specifically states that pensionados and rentistas can apply
to be permanent residents after living here three years. That is an
unclear issue now.
For
many expats the concern is that with new powers and authorizations,
the immigration police will be aggressive in cracking down on what
is known as perpetual tourists and people who work here when they
have tourist visas.
Regulations
likely will require a criminal record check at border entry points
even for tourists. A number of expats are living here on tourist visas
that are renewed continually contrary to the spirit of the existing
law. Some of these are fugitives, and each month agents arrest expats
who are wanted in their own countries or elsewhere.
An
embarrassing revelation came Friday when a henchman of Panamá's
deposed Gen. Manuel Noriega was found living a normal life in the
Central Valley even though he had been convicted of participating
in a political massacre in 1989. The man, Evidelio Quiel Peralta,
was granted residency in 1999 despite his exploits in Panamá.
Heis fighting his extradition.
Immigration
officials also have to face the issue of false exit stamps. Some expats
who hold tourist visas never actually leave the country to renew them
every 90 days, as the law requires. There is a cottage industry in
fake immigration stamps and paperwork which defeats the purpose of
the national laws and allows individuals with significant criminal
records to continue to live here.
To
obtain pensionado or rentista status requires an applicant to present
a police report from his home country, something criminals do not
want to do.
The
immigration department has been criticized heavily lately for delays
in processing paperwork. Much of the problem was in granting passports
to Costa Ricans. Officials hope to have the department fully computerized
by the beginning of the new year and to begin issuing plastic cédula-like
identification cards to resident foreigners. They also hope to bring
the various data bases up to date
From
Insidecostarica.com 10.19.2005
TLC
Expected To Go To Congress This Friday
Returning
from his trip to Spain, president Abel Pacheco de al Espriella, will
be keeping his promise to send the Tratado de Libre Comercio (TLC)
- free trade agreement with the United States - to Congress.
The
document could reach the Legislature as early as this Friday. Sources
closed to the president say the presidential decree that is ready
and just needs signing.
Pacheco
is expected to arrive today following a week in Spain where he attended
the XV Cumbre Iberoamericana de Jefes de Estado. Before leaving for
Spain, the president said he would send the TLC to Congress, where
legislators can begin discussing the document.
Vice
President Lineth Saborío added that the Ley de Fortalecimiento
del Instituto Costarricense de Electricidad (ICE) - the law that would
allow the government institution to face competition in the future
- is ready and the government can now send the TLC to Congress.
Costa
Rica is the only Central American country that has yet to ratify the
Central American Free Trade Agreement (CAFTA) that was signed with
the Unite States. U.S. officials say that CAFTA will move ahead as
scheduled even if Costa Rica does not ratify it.
Reprinted
from www.insidecostarica.com 07.31.2005
Retiring
Abroad Could Make Good Economic Sense
By HILLARY CHURA The New York Times
These
days, some Americans heading for retirement are as concerned with
pesos as with pensions, and with foreign-language classes as with
Medicare. They are part of an emerging population expecting to spend
their retirement abroad.
In
2006, baby boomers will start hitting 60 at a rate of more than 4
million a year. More mobile, active and adventuresome than prior generations,
these 78 million Americans are rethinking retirement. Many will be
lured overseas by a more affordable cost of living and temperate weather.
Some will want to return to their native countries or to places where
they once worked or studied.
Though
out-of-country retirement is not the norm, it is likely to become
less of an anomaly, experts say. Many baby boomers have been relocating
their entire careers. An estimated 4 million Americans live abroad,
but there is no data on how many are retired, according to the State
Department.
It's
tough for Americans on a fixed pension to stay put, so they're looking
elsewhere.
Mexico,
Costa Rica and Panama are common retirement havens, but Nicaragua,
Honduras, Ecuador and English-speaking Belize are making a push to
attract retirees. Various countries in Europe are also viable alternatives,
but current exchange rates make them less attractive for those with
limited resources.
John
Briley, senior managing editor for iJET Intelligent Risk Systems,
which monitors security around the world, warned that retirees should
consider issues like racism, police corruption, organized crime, drug
trafficking and terrorism, as well as strength of banks, financial
institutions and governments, before they pack up.
"Things
will change over time, but look for stability of the government and
the stability of the country," he said. "Probably there
(are) not one or two ultra-utopias out there. For anything you gain,
you have to give up something." Many American cities have seen
tremendous real-estate appreciation. But because home prices have
risen more or less universally, pensioners may not be able to buy
elsewhere in the United States and live off their gains.
There
are relatively less expensive places to relocate in the United States,
but they often lack the attractions and amenities that retirees crave.
(Reverse mortgages are one alternative. They are a type of loan whereby
homeowners, typically older ones, take equity out of their property
without selling it. Heirs repay the loan when the owner dies or no
longer lives in the home. But many elderly owners fear losing their
homes and thus are unwilling to take the risk.)
With
"the decline of the stock market, the collapse of pension plans,
real estate and housing are really where most people's wealth lies,"
said Daniel J. Kadlec, who wrote "The Power Years: A User's Guide
to the Rest of Your Life" with Ken Dychtwald (Wiley, 2005), which
discusses baby boomer retirement. "As real estate has gotten
more expensive in the U.S., people are looking for that next great
nirvana."
Tom
and Nancy Mead, retired restaurateurs, moved to Costa Rica almost
four years ago. After a lifetime of free spending, they had no pensions
other than their combined $1,583 a month in Social Security and found
they could not comfortably live in the United States. Now, auto insurance
is $100 a year, and utilities are next to nothing. At 69, Tom Mead
and his 72-year-old wife pay $600 a year for Costa Rica's version
of Medicare. Their two-bedroom, two-bath home cost $42,500 cash. They
pay a housekeeper $5 to help them clean weekly.
"There
was insurance and insurance on the car and medical costs, and we were
getting older, and we couldn't afford it," he said.
Mead
said his heavily accented Spanish and poor language skills had not
impeded their making local friends.
Amy
Morgan and her husband, Fred, moved to Costa Rica last year to run
their reforestation project, Finca Leola. Though still working, the
couple from Somerset, N.J., whose children no longer live at home,
set up the business for when they do retire. Amy Morgan is 52, her
husband 46. She said they moved south for lifestyle reasons, and the
hardest thing was leaving their children, who are in their 20s. She
said they spoke to their daughter more frequently than they did when
they were living in the United States, but the distance was trying.
"You can learn to live without anything you used to have a taste
for," she said. "But you really can't work around that."
The
Morgans rent a five-bedroom, three-bath home with two living rooms,
brick patios and several terraces down to the jungle for about $285
a month. A live-in housekeeper helps with the business.
"We
wanted to end up in Costa Rica and be retired in Costa Rica,"
she said, "but there was no reason for us to stay in the States
until retirement."
By
the A.M. Costa Rica staff
The
Sala IV constitutional court, in a decision released Thursday, gave
the green light to nearly all of the proposed immigration law.
The
proposed law had been sent to the high court by legislative deputies
and also the Defensor de los Habitantes. For various reasons, those
who appealed thought the proposal had constitutional flaws. The measure
already has received one favorable vote in the Asamblea Legislativa.
The
court examined more than 40 sections of the 240-article law. Only
in one case did the court find a constitutional flaw.
The
new law is important to expats because it specifies ways foreigners
can live here legally, including as rentistas and pensionados.
It
was in Section 67 where the court found a problem. That section would
require a foreigner who sought residency by marriage and a Costa Rican
spouse to live as a married couple for a year outside of the country.
The section of the proposed law was a legislative effort to prevent
residency here via false
by
contracting marriage with a person they do not know. Lawyers set up
these relationships for a fee.
Among
other measures the proposed law would provide a legal framework for
the Policía de Migración y Extranjería who would
be charged with strict enforcement.
When
the new law was proposed two years ago, the residency status of rentista
was left out. However, that residency category has been reinstated
and no changes have been made to the financial requirements for pension
income for those who seek to be pensionados. They must still be able
to show an income of $600 a month from a recognized pension, according
to the law, and rentistas must show they have $60,000 in a bank and
agree to withdraw and convert to colons $1,000 a month.
In
Costa Rica officials can present a measure to the constitutional court
for review even before it becomes law. With the high court approval,
a second and final vote is likely soon on the measure.
From:
Inside Costa Rica 07.14.05
Costa Rica Most Stable Country in Latin America
A
World Bank study released in May aims to provide a "set of governance
indicators that can help depoliticize efforts to track the quality
of institutions, support capacity building, improve governance and
address corruption."
The
index, which analyzed 209 countries between 1996 to 2004, focuses
on six components of good governance: political, civil and human rights;
political stability and violence; government effectiveness; the incidence
of unfriendly market policies; rule of law; and control of corruption.
"On
average the quality of governance around the world has remained stagnant,
highlighting the urgent need for more determined progress in this
area in order to accelerate poverty reduction," said the World
Bank.
The
percentile ranks below indicate the percentage of countries worldwide
that rank below the selected country. For example, 83 percent of countries
studied worldwide have less political stability than Costa Rica, meaning
that according to this study, it is the most stable country in Latin
America.
| CountryPercentile |
Percentile |
| Costa
Rica |
83.0 |
| Chile |
76.7 |
| Uruguay |
62.1 |
| Panama |
55.3 |
| Dominican
Republic |
48.1 |
| Mexico |
43.7 |
| Brazil |
43.7 |
| Nicaragua |
43.7 |
| El
Salvador |
39.8 |
| Argentina |
38.3 |
| Bolivia |
28.6 |
| Peru |
27.2 |
| Honduras |
26.7 |
| Paraguay |
25.7 |
| Ecuador
|
23.3 |
| Guatemala
|
21.8 |
| Guatemala
|
13.6 |
| Colombia |
5.8 |
