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I heard tonight that there is a new immigracion requirement (or interpretation) that says even if you have a file number and an “entramite” document, you must still leave every 90 days. Does anyone know about this?
[quote=”costaricabill”]I heard tonight that there is a new immigracion requirement (or interpretation) that says even if you have a file number and an “entramite” document, you must still leave every 90 days. Does anyone know about this?[/quote]
Sounds like BS to me.
The only national organization that has a 90 day requirement once you have the tramite is the COSEVI. You are required to obtain a Costa Rican drivers license within the 90 day period.Where did you hear this?
I hope it is BS, but I heard it from 3 different people tonight that were told (at different airports, 2 in the US, 1 in Canada) that they needed round trip tickets even though they had their entramite with them and in hand.
Also, 2 friends were detained for several hours here in Samara last week during a check for illegals. They had their passports and entramite, but had been in country for more than 90 days. The explanation given to them was that even though you are “in process”, there is no assurance that you will be approved for residency. So if you are not approved and have been here more than 90 days, then you would be in the country illegally; hence, the need to leave every 90 days even while in process.
I’m flying out of SJO on Friday, and I have been here over 6 months, and my return ticket in 2 weeks is one way. So, I guess I’ll find out and when I do I’ll let you know.[quote=”costaricabill”] Also, 2 friends were detained for several hours here in Samara last week during a check for illegals. They had their passports and entramite, but had been in country for more than 90 days. The explanation given to them was that even though you are “in process”, there is no assurance that you will be approved for residency. So if you are not approved and have been here more than 90 days, then you would be in the country illegally; hence, the need to leave every 90 days even while in process.
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That is an explanation that doesn’t make sense.I have an excellent attorney who should be up on the current state of the law. I will call her tomorrow and hopefully have an answer for you by tomorrow night.
actually, it DOES make sense. i know someone who was in process and then had their residency denied based on something that was found during their background check.
Good point, maravilla. As Yogi Berra once observed, “It ain’t over ’til it’s over.”
If it is Immigration’s intent to clamp down on folks who have no legal right to be here for extended periods of time, then not assuming that a submitted application for residency is tantamount to an approved application makes perfect sense.
I wonder how many apparently approvable applications are ever actually rejected and never approved. Mayhaps this is a solution to a problem they don’t have?
The problem with the “Residency en tramite” policy for not having to leave the Country to renew the Tourist Visa every 90 days while waiting for Residency to be granted, is that it is an unwritten policy of enforcement and not the law, nor an Immigration Directive. It has been followed for many years by most police and Immigration Officials. I’m not aware of any change to this unwritten policy of enforcement, but at the same time, it is at the discretion of the police, or Immigration Officials to apply it. Likewise, the Airlines are not able to rely on a Residency en tramite document to allow for a one way ticket to Costa Rica, only Residency which has been granted.
you are right about that. it is not automatic; it is merely an ASSUMPTION and while it works for most people, it often doesn’t work for others as in the case of the person i know who had a morals charge on his record that was dropped 30 years ago but it was reason enough for la migra to deny his application many many months after the process was started and he was waiting for his cedula. it is being appealed, obviously, but it may have no effect. i haven’t heard anything lately because this person moved to another area of CR.
[quote=”watchdog”]The problem with the “Residency en tramite” policy for not having to leave the Country to renew the Tourist Visa every 90 days while waiting for Residency to be granted, is that it is an unwritten policy of enforcement and not the law, nor an Immigration Directive. It has been followed for many years by most police and Immigration Officials. I’m not aware of any change to this unwritten policy of enforcement, but at the same time, it is at the discretion of the police, or Immigration Officials to apply it. Likewise, the Airlines are not able to rely on a Residency en tramite document to allow for a one way ticket to Costa Rica, only Residency which has been granted.[/quote]
Watchdog, you sound like you know from where you come; therefore, I am prone to believe you although I don’t want to.
So if I am understanding what I think you said –
It is indeed the law that you must leave every 90 days (or whatever period granted on most recent stamp), whether “en tramite or not”, but that for “many years” officials have looked the other way and not enforced this part of the law, but if officials decide to enforce it, the law is on their side.Be that as it may, please don’t tell the airlines!
[quote=”waggoner41″][quote=”costaricabill”] Also, 2 friends were detained for several hours here in Samara last week during a check for illegals. They had their passports and entramite, but had been in country for more than 90 days. The explanation given to them was that even though you are “in process”, there is no assurance that you will be approved for residency. So if you are not approved and have been here more than 90 days, then you would be in the country illegally; hence, the need to leave every 90 days even while in process.
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That is an explanation that doesn’t make sense.I have an excellent attorney who should be up on the current state of the law. I will call her tomorrow and hopefully have an answer for you by tomorrow night.[/quote]
Greetings W41 – what sayeth your attorney? Is the explanation starting to make more sense?
[quote=”costaricabill”]
Be that as it may, please don’t tell the airlines![/quote]Bill, if you know it, and if I know it, you can rest assured that the airlines know it, too. Best to be prepared.
And, as I’ve observed in the past, in my (admittedly limited) experience, a one-way ticket is likely to be more expensive, not less, than a round trip ticket. God only knows why. But given that, why not just price ’em both and if the round trip ticket is equal or less expensive than the one-way one, buy the round trip one and throw the return ticket away. It answers all the questions.
more expensive for one-way tickets USED to be the rule, not it’s not and they are very close to half the price of a round-trip with more flexibility and no need to pay change fees if you stay longer or leave sooner. we’ve been using one-=way tickets for the last 3 years and it actually wasn’t any more expensive and on one trip it was actually cheaper.
FYI
‘watchdog’ is Costa Rica (and Canadian) Attorney Rick Philps..
You can see an example of one of his articles at:
Expats Doing Business or Working in Costa Rica – The most important things you must know or you will be doomed from the start…
[ https://www.welovecostarica.com/members/2302.cfm ]
Scott
I really hate to be the downer on this topic and feel despair everytime I read how CR is becoming more UNfriendly to immigrants,although I can’t blame them for doing so. Nicaragua may very well be the new CR, I can’t help but feel the banking cartel that is ruining the rest of the free world may have infiltrated my beloved CR,is it just me or is it becoming more like AmeriKa?
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