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The issue of your Tourist Visa status in Costa Rica revolves around the new Immigration Law which comes into effect on March 1, 2010.
Under the new Law, you will have at least one opportunity to pay a $100.00 U.S. fee to the Costa Rica Immigration Department, prior to the expiration of your initial 90 day stay as a tourist in Costa Rica, to extend your Tourist Visa by a further 90 day period without leaving the Country.
The new Law also provides that should you fail to renew your tourist visa in this manner, or by leaving the Country for a 72 hour period at the end of your initial 90 day stay as a tourist, there will be a fine of $100.00 U.S. per month, for each month that you over-stay your Tourist Visa time limit.
Note from Scott: ‘WatchDog’ is the username for my friend and attorney Richard (Rick) Philps who is a Canadian citizen, naturalized as a citizen of Costa Rica. Rick practiced law in Canada as a member of the Law Society of British Columbia, for fourteen years, prior to moving to Costa Rica in 1998. Mr. Philps the earned his Bachelor of Laws and Licensing Degrees (Civil Law), and a Post-Graduate Degree in Notary and Registry Law, from the Escuela Libre de Derecho University, in San Jose, is a member of the Costa Rica College of Lawyers, and has practiced law in Costa Rica for six years. Mr. Philps practices law in the areas of real estate and development, corporate, commercial, contract, immigration, and banking. To contact attorney Rick Philps and his associate attorney Roger Petersen, please use the Contact Form at the bottom of: https://www.welovecostarica.com/members/417.cfm
After reading the posting of the exchange between the Reporter and the Director of Immigration, I don’t believe that the subject Immigration Department Circular of August 28, 2009, changed the requirements of the Inversionista Residency Category in any appreciable way. When this contoversy started, I commented that historically, the basic philosophy surrounding this Residency Category was that the investment made to qualify for the Inversionista Residency status had to in some way contribute to the “social good” of Costa Ricans (eg. creating employment opportunities, etc.), which is a discretionary decision made by the Immigration Department on a case by case basis. I would suggest that this requirement remains intact, as I initially surmised it would. From the comments of the Director of Immigration contained in the posting here, merely acquiring a property with a value of $200,000.00 U.S., or greater will not complete the equation for an Application under this Residency Category.
The Circular issued by the Costa Rica Immigration Department on August 28, 2009, which the Tico Times article referred to and is the subject of this controversy, actually applies to the existing Immigration Law, and not the new Immigration Law due to come into effect on March 1, 2010.
As to your question as to the existence of anything conclusive as to how this Circular may affect an Application for Residency under the Inversionista Residency Category, the answer is no.
Note from Scott: ‘WatchDog’ is the username for my friend and attorney Richard (Rick) Philps who is a Canadian citizen, naturalized as a citizen of Costa Rica. Rick practiced law in Canada as a member of the Law Society of British Columbia, for fourteen years, prior to moving to Costa Rica in 1998. Mr. Philps the earned his Bachelor of Laws and Licensing Degrees (Civil Law), and a Post-Graduate Degree in Notary and Registry Law, from the Escuela Libre de Derecho University, in San Jose, is a member of the Costa Rica College of Lawyers, and has practiced law in Costa Rica for five years. Mr. Philps practices law in the areas of real estate and development, corporate, commercial, contract, immigration, and banking. To contact attorney Rick Philps and his associate attorney Roger Petersen, please use the Contact Form at the bottom of: https://www.welovecostarica.com/members/417.cfm
Soldier, you will have to obtain a new original Birth Certificate from the German Government, that is issued current within six months of the date of your Pensionado Residency Application being submitted to the Costa Rica Immigration Department. The Birth Certificate will require authentication by the Costa Rica Embassy in Germany and thereafter be transalated into Spanish by an Official Interpreter recognized by the Costa Rica Ministry of External Relations.
I believe that there is a Legislative Committee still studying the new Transit Law, with a view to amending it prior to its implementation on September 23rd, or possibly delaying its implementation. As is the case in the majority of Legislative Enactments in Costa Rica, it is useless to speculate on what the final form will be until it is in-fact implemented. Having said that, I am concerned as well over the content of the current new Transit Law proposal, as Mr. Murray has stated.
In the ordinary course of business, the Seller pays the real estate commission, usually as a deduction from the property purchase monies at Closing. However, as there is no regulation of the Real Estate Industry in Costa Rica (other than a short, voluntary Real Estate course for Realtors, offered by the Costa Rica Camera of Realtors), this too, is an area open to negotiation. Realtors usually have to work very closely with the Closing Notary, to insure payment of any agreed upon real estate commission, from the property purchase monies.
Article 1067 of the Costa Rica Civil Code specifically provides that in the absence of a specific contractual stipulation to the contrary in the Purchase and Sale Agreement, Closing Costs are paid in equal amounts (50/50) by the Seller and the Purchaser. As Scott says, the issue of Closing Costs is open to negotiation. Closing Costs should be the subject of a specific contractual stipulation in the Purchase and Sale Agreement, in any event.
I’ve lived in Costa Rica for just over ten years. Coming from the westcoast of Canada (Vancouver Island), I am accustomed to one or two small earthquakes, not exceeding 4.5 on the Richter Scale each year. During the time that I have lived in Costa Rica (Central Valley), I can recall approximately the same number per year of a similar intensity as those in Canada. You notice them, but carry-on doing what you are doing. Yesterday’s, was certainly the strongest that I’ve felt in my lifetime, and I did hurry outside my home after the first couple of seconds.
Edited on Jan 09, 2009 09:27
As my article on the front page of this web site states, there is still an off-set to that Canadian Dollar devaluation for those Canadians who enjoy the “non-resident tax status” with Canada Customs and Revenue. Investing in property in Costa Rica by Canadians who enjoy this tax status could still prove to be a viable option in the long-term.
Note from Scott: ‘WatchDog’ is the username for my friend and attorney Richard (Rick) Philps who is a Canadian citizen, naturalized as a citizen of Costa Rica. Rick practiced law in Canada as a member of the Law Society of British Columbia, for fourteen years, prior to moving to Costa Rica in 1998. Mr. Philps the earned his Bachelor of Laws and Licensing Degrees (Civil Law), and a Post-Graduate Degree in Notary and Registry Law, from the Escuela Libre de Derecho University, in San Jose, is a member of the Costa Rica College of Lawyers, and has practiced law in Costa Rica for six years. Mr. Philps practices law in the areas of real estate and development, corporate, commercial, contract, immigration, and banking. To contact attorney Rick Philps and his associate attorney Roger Petersen, please use the Contact Form at the bottom of [ https://www.welovecostarica.com/members/417.cfm ]
crhomebuilder the answer is yes. Essentially after ten years of public, peaceful, and uninterrupted possession, the party in possession (or squatter) may apply to the Court to have the property titled in his or her name. This is a legal concept which applies to rural settings generally, not urbanized settings.
There is no pending legislation in Costa Rica to alleviate the problem. Fencing the property, placing “No Trespassing” signs, and having a caretaker to watch the property is the only viable alternative at the moment.
Note from Scott: ‘WatchDog’ is the username for my friend and attorney Richard (Rick) Philps who is a Canadian citizen, naturalized as a citizen of Costa Rica. Rick practiced law in Canada as a member of the Law Society of British Columbia, for fourteen years, prior to moving to Costa Rica in 1998. Mr. Philps the earned his Bachelor of Laws and Licensing Degrees (Civil Law), and a Post-Graduate Degree in Notary and Registry Law, from the Escuela Libre de Derecho University, in San Jose, is a member of the Costa Rica College of Lawyers, and has practiced law in Costa Rica for five years. Mr. Philps practices law in the areas of real estate and development, corporate, commercial, contract, immigration, and banking. To contact attorney Rick Philps and his associate attorney Roger Petersen, please use the Contact Form at the bottom of: https://www.welovecostarica.com/members/417.cfm
The advertisement sounds extremely strong and certainly would give you the
impression that they would do almost anything, criminal activity included,
to achieve their ends, on behalf of a Client. However, they do not state
any of the specific actions that they would take on behalf of a Client, no
planned criminal activity on their part is specifically stated, so the
advertisement isn’t illegal in itself, although strongly suggestive. They
could probably defend what they’ve said by stating that they offer a very
aggressive private investigator service, to solve the type of Client
problems that they have alluded to. Whether their activity stops at
aggressive information gathering, and authorized law enforcement officials
take over with the information that they have gathered, I don’t know the
answer to that. The advertisement certainly gives the impression that they
do it ALL themselves. In my opinion, I don’t think the Tico Times exercised good judgment in running such an advertisement.grb1063 you’ve “hit the nail right on the head”. I’m quite familiar with the legal aspects of the project and you’ve summed it up very succinctly.
Technically, you would still have to leave Costa Rica every three months, for seventy-two hours and then renew your tourist visa for another three months on re-entry to Costa Rica, until your Residency status was granted. The practise, practically speaking, is to carry a copy of the Immigration file number for your Residency Application, issued on Immigration Department letterhead (Comprobante Requisitos), at the time of the filing of the Application, along with carrying your Passport copy. This acts as sufficient proof for the Authorities (Police/Immigration), for you not to have to leave the Country every three months during the period of waiting for your Residency to be granted (Approx. 8-10 months).
Note from Scott: ‘WatchDog’ is the username for my friend and attorney Richard (Rick) Philps who is a Canadian citizen, naturalized as a citizen of Costa Rica. Rick practiced law in Canada as a member of the Law Society of British Columbia, for fourteen years, prior to moving to Costa Rica in 1998. Mr. Philps the earned his Bachelor of Laws and Licensing Degrees (Civil Law), and a Post-Graduate Degree in Notary and Registry Law, from the Escuela Libre de Derecho University, in San Jose, is a member of the Costa Rica College of Lawyers, and has practiced law in Costa Rica for five years. Mr. Philps practices law in the areas of real estate and development, corporate, commercial, contract, immigration, and banking. To contact attorney Rick Philps and his associate attorney Roger Petersen, please use the Contact Form at the bottom of: https://www.welovecostarica.com/members/417.cfm
