Exits Required While Residency Application is Pending?

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  • #201207

    Situation: We have pending Residency applications with numbers assigned, but Residency status has not yet been granted. We were advised by the San Calos Migracion office last year that because we had pending application numbers, we did not have to leave the country every 90 days under our Tourist entry visa. Our lawyer advised us the same, so we have not complied with the 90 day requirement.
    Conflicting Information: An acquaintance down in Dominical told us that their lawyer advised them that they [u]should continue to leave the country every 90 days even though their Residency application was similarly pending— because the law did not make a clear exception to this exit requirement while waiting for Residency. Not sure what to expect when we get to SJO to leave for US or try to re-enter CR later this month. Our lawyer says not to worry! Any experience?

    #201208
    maravilla
    Member

    if you are officially en tramite, with a number stamped on your application which you carry with you, you should have no problem not leaving the country. i never did during this process.

    #201209
    waggoner41
    Member

    [quote=”linda.mcanally”]An acquaintance down in Dominical told us that their lawyer advised them that they [u]should continue to leave the country every 90 days even though their Residency application was similarly pending— because the law did not make a clear exception to this exit requirement while waiting for Residency.[/quote]
    The only agency that apparently cares about the 90 day limitation is Traffic police (info from Migracion).

    I obtained my CR drivers license and have not had a problem since then (1 year) although I was stopped several times. I traveled to the US in September and had my Migracion document with me but they never even inquired about my status.

    Be prepared. You have a document (Comprobante Requisitos) that you should have with you at the airport.

    #201210
    Charlie
    Member

    Well I recieved my residency in december 2009 but was actually denied in writing by immigration a month before that . Prior to these events I spent over a year leaving every 90 days . There was a period even before that where I stayed for over 9 months without leaving and it was during my waiting period for residency with a number. In october 2009 I was notified in writing by immigration my application was denied due to the fact that I overstayed my allowable period during my application process. Not sure what my attorney did but a month later and telling my attorney to do his job , I was approved, maybe they they pick and choose who they are going to hassle , let in or out , who knows . I wouldnt take the chance as there are 2 sets of law books here in my opinion.

    #201211
    waggoner41
    Member

    [quote=”charlie”]I wouldnt take the chance as there are 2 sets of law books here in my opinion.[/quote]
    Yeah, one set for you, whoever you may be and one for everyone else.

    I just got myy approval letter yesterday 04/27. Tells me that I was approved as of 02/26. It only took 2 months to let me know.

    My documents went in August 28,’08. rejected twice, up to directors officve twice and back down for another review. Who knows why.

    My wife’s docs went in the same day, essentially the same docs and she was approve a year ago. Go figure.

    #201212
    watchdog
    Member

    Although there is no specific language in either the Costa Rica Immigration Law, or the Regulations, the practise (Policy of Enforcement) has been for many years and continues to be, that if a party which has a Residency Application filed with the Costa Rica Immigration Department, carries the Immigration Department’s receipt for the filing of the Application (which includes the Application file (expediente) number) with their Passport, there will not be a requirement to leave Costa Rica to renew the Tourist Visa every 90 days, during the Residency Application period.

    #201213
    waggoner41
    Member

    [quote=”watchdog”]Although there is no specific language in either the Costa Rica Immigration Law, or the Regulations, the practise (Policy of Enforcement) has been for may years and continues to be, that if a party which has a Residency Application filed with the Costa Rica Immigration Department, carries the Immigration Department’s receipt for the filing of the Application (which includes the Application file (expediente) number) with their Passport, there will not be a requirement to leave Costa Rica to renew the Tourist Visa every 90 days, during the Residency Application period.[/quote]

    The office of Controloria informed me that the only requirement once your had your expediente was that you must have a Costa Rican drivers license in your possession after the initial 90 days. Once I had my license I had no more problems.

    The [b]only[/b] problem that I had was with the traffic police and their insistence on the drivers license. Never a problem with Fuerza Publica or local Policia.

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