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Our son called tonight and informed us that he has an opportunity to go to work for a US-based company that has limited a 1-2 year assignment in Costa Rica.
He will maintain a residence and his residency in the US, but have job related responsibilities that may cause him to be in CR working 1-2 days a week on the average, sometimes more, sometimes less.
The story is that “if all goes well” and the company gets more business here, then “perhaps he will spend more time in CR” on additional those assignments.
The company does not have an office in CR, and he will be paid in the US, as are all of the other employees of the company.
In the past, he has said he wanted to come to CR and get a job. I have explained to him that working here as a permanent tourist or temporary resident is not permitted, so he wanted to know if his proposed job opportunity would be considered illegal?
Because it is a US-based company and he would be paid in the US and he would only be here “on assignment” I wasn’t sure and could not tell him if it is legal or not.
I have been on the plane many times with US-employed architects that are traveling here “to work for a few days” on a new project, same story with US-based lawyers, developers, bankers, etc.
His opportunity is with an asset management firm that is working for a foreign company.
Any advice I can give him would be appreciated, even if it isn’t what he wants to hear.
My understanding is that his income is generated outside of Costa Rica, he still would be considered a tourist but here for work relation. Since he is not being employed by a company in Costa Rica just contracted (if this is what you are referring to when you say “His opportunity is with an asset management firm that is working for a foreign company
Other wise he has to obtain a work permit from the Costa Rican company if he is to be employed by them. At that point it has to meet the requirements.He would need, if he intends a long stay, to apply for residency which I don’t think he would want to do, or just keep getting a 90 day tourist visa and taking some side trips…
[quote=”costaricafinca”]He would need, if he intends a long stay, to apply for residency which I don’t think he would want to do, or just keep getting a 90 day tourist visa and taking some side trips…[/quote]
His stays would be (at least initially) 2-3 days a week, then back to the US for a week, and then back to CR. In addition to a good job it looks like he’ll be getting a boat load of company paid air miles!
I logged a call into a CR based immigration attorney today, but haven’t heard back from him yet. When (if) I do, I’ll post a report.Hi CostaRicaBill,
Does your son be an employee of this US-based company or work as an independent contractor (self-employed)?
http://www.lowtax.net/lowtax/html/jcrlab.html#work
A company which has more than 30 employees can apply for a general work permit enabling it to bring foreign technicians and executives to work in the jurisdiction without the need to make an individual application for each person it wishes to engage. Such a permit is valid for one year and must also be renewed annually.http://www.justlanded.com/english/Costa-Rica/Costa-Rica-Guide/Jobs/Work-for-Foreigners
You can work legally if you are self employed. Any employer can hire you as a contracted professional. You are working for yourself in this manner. You are illegal if you are employed by a person or company. Self employed is a fine line but easy to arrange. You can ask for receipt for your contract.Anyway, check with recommended CR immigration lawyers by Scott to get the latest CR immigrations laws…Due diligence.
I hope this help.
With regards to the comments by jtd2
I am not an attorney and this would need to be confirmed but I do NOT believe that you can work legally in Costa Rica simple because you have chosen to label yourself as self employed.
Scott
He would not be self employed. He would be employed by and paid by a US-based company, and he would be paid in the US, not here.
It doesn’t really matter where he is paid nor the domicile of the employer.
What matters is the time spent in C.R. working. This can affect not only residency but also taxes in both countries.
Situations like this can be dicey and often foreign employers make the mistake of thinking they are not creating a residency / tax situation when they send people to work abroad on an ‘itinerant’ basis (ie, as a commuter) over an extended period of time.
Keep pursuing the attorney for an answer and if you don’t get one then find a new attorney.
My take:
The company that hires you makes all the arrangements, be them in house or outside.
IF this was not the case why send advisors to work in other countries.
I can be sent by my company to work in the North Pole and the Company has to make all the legal arrangements.
On another note; my daughter works for an airline and fly’s to different countries, sometimes she has to stay over and the company has Hotel accomodations for these personel. She does not need a Visa but a Passport.
If Intel or WalMart sends you to China or Australia, it is the company’s responsibility to make ALL the paperwork not the person working for the company.
Maybe this is another example; you join the Peace Corps and they send you to CR. Do you need to contact the country they send you??
warren
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