Costa Rica’s physical residency rule

he Immigration Law Regulation number 7033 is the one being followed by the government prior to the issuance of the amended one two years ago. According to the law, one must physically stay in the country for a minimum of four months in a year. It doesn’t need to be consecutive provided that the total number of days accumulated within a year must reach four months.

However, by August 2006, the law underwent an amendment. This time, the residency requirement had been changed to a minimum of six months. Also, an aspiring resident of the country must not be out of the country that long as well. In order to retain the residency status, you must not be absent physically for six months within a given year.

Questions arose to the applicability of the time period to aspiring residents that were granted under the previous Immigration Law. The answer is more leaned to the affirmative. The reason behind it is that these residents will need to apply for a renewal of Residency. This means that when they apply for the renewal after 2006, the new law takes place thus they need to be aware of the six-month physical stay requirement.

Many would argue and would point out article 34 of Costa Rica’s Constitution, which tackles on applying of retroaction on old laws and new ones. However, it is good sense to consider the newest law because it would be risky to go against it. The higher courts may finally decide in favor of the new law to take effect, thus it would serve no problems to the residents to adjust.

In your case, you will need to consult with a competent attorney to give you the best options when it comes to applying for a Costa Rica residency. May you have a great time in the country.