Legal stay is the principle by which migrants, tourists, or foreign nationals in general maintain a regular immigration status within Costa Rica, which allows them to access a specific immigration category. This concept is regulated under article 66 of the General Immigration Law (Law 8764).
What are the requirements for legal stay in Costa Rica?
To stay legally in Costa Rica, a person must have entered the country meeting the following requirements:
- A valid passport (except for Venezuelan citizens, who may enter with an expired passport).
- Compliance with visa conditions, if applicable.
- Entry through an authorized border checkpoint.
How long can a foreigner stay in Costa Rica as a tourist?
The length of legal stay as a tourist is determined by the immigration officer at the point of entry (air, land, or sea), and generally does not exceed 90 days. During that period, the person can apply for an immigration category before the General Directorate of Migration and Immigration (DGME).
What should I do if I need to stay longer than authorized?
Under article 89 of Law 8764, tourists who wish to change their immigration status must pay a fee of $200. Once the application is filed, the legal stay is automatically extended while the application is in process — although this does not grant the right to leave and re-enter the country without meeting the immigration requirements again. If the application is approved, the person may enter with the favorable resolution within a 90-day period to complete their documentation.
What is the fine for irregular stay in Costa Rica?
If a person remains in the country beyond the authorized time and cannot leave to regularize their status, they may pay a fine under article 91 of Law 8764. The cost is $100 for each month of overstay, payable to the Bank of Costa Rica account:
- IBAN: CR82015201001008005117
- IBAN: CR95015201001008005465
For example, if a person stayed in Costa Rica for six months past the authorized date, they would need to pay $300 before filing their immigration application.
What exceptions exist for not renewing legal stay?
There are cases in which legal stay does not need to be renewed:
- Parents of Costa Rican minors: must demonstrate, through a sworn statement, that leaving the country would affect parental authority (article 58 of the Immigration Regulations, Executive Decree 37112-GOB).
- Minors: under articles 56 of the Immigration Regulations and 69 of Law 8764.
- Applicants for humanitarian reasons: under the same articles mentioned above.
- Migrants serving a sentence in Costa Rica: they are granted a provisional stay authorization while serving their sentence (article 72 of Law 8764).
Why does keeping legal stay current matter?
To file any immigration application, it is essential that the person be in current legal stay. Otherwise, the application may be rejected as inadmissible, under article 69 of Law 8764.
Every immigration case has particularities worth reviewing before making a decision. If your legal stay is about to expire or has already expired, schedule a consultation to review your specific situation.