Soprano. Frequently Asked Questions: Immigration Guidelines for Registered Companies. For Registered Companies

Transcription

1 Frequently Asked Questions: Soprano Immigration Guidelines for Registered Companies For Registered Companies CINDE All Rights Reserved. The facts of this report are believed to be correct at the time of publication. Please note that the contents delivered are based on information gathered in good faith from both public and proprietary sources. As such, CINDE can accept no liability whatsoever for loss or damage arising as a result of the use of this report, either in its published or online format.

2 Since May of 2008, the General Immigration Office authorized a more expeditious process to regulate companies and its employees, which was later ratified in 2010 with a new law whose regulations were published in early The objective of this document is to present the regulations stipulated in that law in a more user friendly manner. PART I. RegistrATION PROCESS FOR COMPANIES What are the benefits of being a Registered Company before the Directorate General of Immigration (DGME by its abbreviation in Spanish)? What is the classification the DGME gives to companies according to the activity they execute? What is the procedure to register a company before the DGME? What is the step by step process to register a Company under Classification A? What is the step a step process to Register a Company under Classification B? What is the step by step process to Register a Company under Classification E? What is the step by step process to Register a Company under Classification F? Certain documents that must be submitted are in a language different than Spanish, what should the interested party do? Where does the interested party find an Official Translator? What happens if the interested party does not have the original document but do have a copy? What happens if the registration of the company is rejected? Will it nonetheless be able to carry out operations in Costa Rica? Can anything else be done if the registration of the company is denied? If the appeal for reversal to register the company is rejected? What documents are required if the company changes its corporate name? The company merged with another, what is required?

3 16. How often is the registration renewed? If the company wishes to cancel its registration at Immigration, how should it proceed? PART II. INDIVIDUALS Visas What is a visa? When is a person required to present the visa? How many types of visas exist? Who and how is a visa granted? If the country of the interested party is classified in the first group or the second group, what procedure must be executed to enter the country? If the country of the interested party is classified in the third group, what process must be followed? If the country of the interested party is classified in the fourth group, what process must be followed? Due to his or her nationality, the interested party belongs to the third (or fourth) group, but the passport is stamped with a valid visa to enter the United States, Canada, South Korea, Japan, the countries of the European Union and/or a Schengen visa, should the interested party request a visa through the consulate to enter Costa Rica? Is the Immigration official under the obligation to grant the maximum stay in the country? If upon entering Costa Rica the interested party is granted a 90-day stay, can the visa be extended? If upon entering Costa Rica the interested party is granted 30 days or less, can an extension of the visa be requested? What requisites must be presented to request an extension of the visa? Where does the interested party present the requisites? How many times can a visa be used? Is any vaccine necessary to enter Costa Rica? If entry to the country is rejected, what can the interested party do? Estancia What is an estancia? At what point in time after entering Costa Rica, must the interested party present the application? Where must the interested party present this request? What is the cost of this request? If the estancia is approved, are there any restrictions to leave and enter Costa Rica? What will ensue if the interested party leaves and enters Costa Rica after the period of stay? What are the requisites to apply for a stay if the interested party is a foreign person of special relevance in the scientific, professional, religious, cultural, sports, economic or political fields, who in terms of the specialty is invited by the Branches of the Government or public or private institutions or by universities or polytechnic institutes?

4 41. What are the requirements if the interested parties are foreign people and are employed as business agents, travelling agents or commercial representatives who enter the country to attend matters related to the activities of the companies or corporations they represent, as long as they do not earn a salary or are paid fees? If the request for estancia in Costa Rica is required for a period of time greater than 6 months, must the interested party present more requisites in addition to those indicated above? Temporary residence What are the migratory classifications that can be obtained at Immigration? What is the step by step process to obtain the migratory classification of Executive, Representative, Manager or Technical Personnel? What is the step by step process that must be executed to obtain the migratory classification of Specialized Technician? What is the step by step process that must be executed to obtain the migratory classification as a Visiting Business Traveler r? What are the requirements if the interested party decides to bring his family (spouse, children [minors or adults with a disability], older single children up to 25 years of age, parents and minor brothers and sisters or adult brothers and sisters with a disability, who financially depend on the entitled interested party of the migratory status)? Will a temporary residence of spouses and children allow them to work in the country? What are the consequences of a temporary residence being rejected? Will the interested party no longer be able to work in Costa Rica? What other process can be executed if the residency request is rejected? Some of the documents that must be submitted are in a language different than Spanish, how should the interested party proceed? Where can an official translator be found? What process must be followed if the interested party does not have the original document but only has a copy? Can a temporary residency be renewed? How is a temporary residency cancelled? What is the security deposit? How is the deposit calculated? How is the security deposit recovered? What must be carried out if a company needs to hire a resident who works for another company? What is the step by step process to request a change of employer before the DGME? Can the DGME cancel the registration of a company?

5 Companies classified within one of the categories established by the Directorate General of Immigration (DGME by its abbreviation in Spanish) may register before this entity with the purpose of obtaining the benefits that seek expeditious processes. Once the company is registered, it will have a mother file which will be used for the processes of its employees, which provides promptness in the different procedures. It should be highlighted that if the registration of the company has expired, the processes of its executives will not be dealt with. 1. What are the benefits of being a Registered Company before the Directorate General of Immigration (DGME by its abbreviation in Spanish)? Service is provided at a window exclusive for companies. Reduction in the terms in resolving temporary residence requests of its employees and their immediate family, if applicable. When bringing in personnel from countries included in the third and fourth group 1, the process will be much simpler and expeditious. The companies will be requested a lesser number of requisites for the processes of their personnel, because of the existence of a mother file to which the process of the applicant pertains. 2. What is the classification the DGME gives to companies according to the activity they execute? There are seven categories under which the companies are classified according to their characteristics: 1. Classification A: These are the companies that are operating or will initiate operations under special export promotion systems. 2. Classification B: These are companies that are exporting goods or services outside the special export promotion systems or are carrying out research and development activities. 3. Classification C: These are the companies that are operating in the tourism sector of Costa Rica, or those airlines registered in the Airlines Association ALA. 4. Classification D: These are those companies that are operating in the financial area in Costa Rica. 5. Classification E: These are those companies that are in the process of establishing operations or are operating in the area of telecommunications in Costa Rica. 6. Classification F: These are those companies that cannot be included in any of the previous classifications; they are characterized by being multinationals whose home 1 5

6 office decided to establish a subsidiary in Costa Rica, dedicated to production and commercialization of goods and services. A company will be considered a multinational company if it has operations in at least 3 countries (excluding Costa Rica). 7. Classification G: These are those local or foreign companies that are operating or are in the process of establishing operations in Costa Rica and have been adjudicated a public procurement process (as long as the validity of the contract exceeds one calendar year). 3. What is the procedure to register a company before the DGME? According to the Regulations for the Registration of Companies before the DGME, the procedure to register a company is shown below: Take a number at the Exclusive Company s Desk in the Services Platform of the DGME The request is filed Documents are reviewed at the Exclusive Company s Desk and a file is opened Take a number at the Exclusive Company s Desk in the Services Platform of the DGME and present the request for employees and their families Process rejected (the company cannot reapply for a new registration during the next two years) 5 working days Immediately 90 days Immediately Sole notification in writing (requesting additional information or clarifications) The documentation is reviewed, if everything is in order, a file is opened and a voucher is provided (receipt), it must be signed by the legal A representative resolution is issued confirming the registration of the company and a notification is sent Present an Appeal for Reversal with Supplementary Appeal before the Services Platform 10 working days Immediately Process approved Process rejected. A resolution is issued and a notification sent 4. What is the step by step process to register a Company under Classification A? 3 days Additional information is submitted, if everything is in order a voucher is provided) 15 working days 6

7 A company under Classification A is that which is operating or will begin operations under special export promotion systems. Step 1. Identify the requirements. The company must submit the following documents 2 : - Application letter, signed by the legal representative - Document attesting the legal representative ( Personeria Juridica in Spanish) - Original and one copy of the personal identification document of the legal representative of the company - Letter of recommendation issued by COMEX - Letter of recommendation issued by PROCOMER - Be up to date with the Caja Costarricense de Seguro Social (Social Security Office) - Occupational risk policy. Step 2. Presentation. The documents must be presented at the Companies exclusive desk at the Services Platform of the General Immigration Office from 8am to 12noon. They will be placed in this specialized desk once the assessment of the submitted requisites is carried out. Step 3. Review. The Immigration official will review and accept the documents. If everything is in order, a file will be opened, and a voucher will be provided, which will be used as proof that the process is being carried out before the Immigration office. Step 4. Waiting Period. The interested party must wait until the DGME responds within a maximum period of 15 working days. Step 5. Resolution If the registration process of the company is approved, a Resolution will be issued indicating the approval of the process; this resolution confirms that the company has been registered before the DGME. 5. What is the step a step process to register a Company under Classification B? A company under classification B is that which exports Goods and Services Step 1. Identify the requirements. The company must submit the following documents 3 : - Application letter, signed by the legal representative - Document attesting the legal representative ( Personeria Juridica in Spanish) - Original and one copy of the identification document of the legal representative of the company 2 %20A%20version%20web.pdf 3 %20B%20version%20web.pdf 7

8 - Letter of recommendation issued by COMEX - Be up to date with the Caja Costarricense de Seguro Social (Social Security Office) - Occupational risk policy - Special power granted by the legal representative of the company to a third party, if necessary Step 2. Presentation. The documents must be presented at the Companies exclusive desk at the Services Platform of the General Immigration Office from 8am to 12noon. They will be placed in this specialized desk once the assessment of the submitted requisites is carried out. Step 3. Review. The Immigration official will review and accept the documents. If everything is in order, a file will be opened, and a voucher will be provided, which will be used as proof that the process is being carried out before the Immigration office. Step 4. Waiting Period. The interested party must wait until the DGME responds within a maximum period of 15 working days. Step 5. Resolution If the registration process of the company is approved, a Resolution will be issued indicating the approval of the process; this resolution confirms that the company has been registered before the DGME. 6. What is the step by step process to Register a Company under Classification E? A company under classification E is that which is in the Telecommunications sector. Step 1. Identify the requirements. The company must submit the following documents 4 : - Application letter, signed by the legal representative - Document attesting the legal representative ( Personeria Juridica in Spanish) - Original and one copy of the personal identification document of the legal representative of the company - Certification issued by SUTEL - Last income tax declaration of the established company. - Be up to date with the Caja Costarricense de Seguro Social (Social Security Office) - Occupational risk policy - Special power granted by the legal representative of the company to a third party, if necessary 4 %20A%20version%20web.pdf 8

9 Step 2. Presentation. The documents must be presented at the Companies exclusive desk at the Services Platform of the General Immigration Office from 8am to 12noon. They will be placed in this specialized desk once the assessment of the submitted requisites is carried out. Step 3. Review. The Immigration official will review and accept the documents. If everything is in order, a file will be opened, and a voucher will be provided, which will be used as proof that the process is being carried out before the Immigration office. Step 4. Waiting Period. The interested party must wait until the DGME responds within a maximum period of 15 working days. Step 5. Resolution If the registration process of the company is approved, a Resolution will be issued indicating the approval of the process; this resolution confirms that the company has been registered before the DGME. 7. What is the step by step process to Register a Company under Classification F? A company under classification F is that which operates as a Multinational Company. Step 1. Identify the requirements. The company must assemble the following required documents 5 : - Application letter, signed by the legal representative - Document attesting the legal representative ( Personeria Juridica in Spanish) - Original and one copy of the identification document of the legal representative of the company - Last income tax declaration of the established company. - Occupational risk policy - Be up to date with the Caja Costarricense de Seguro Social (Social Security Office) - Certified copies of the Articles of incorporation of the company established in Costa Rica - Financial Statements audit by a certified public accountant (CPA in Spanish) - Document of consent from the Headquarters of the Company - Permit or patent or an equivalent document that authorizes the operation of the plant or facilities - Special power granted by the legal representative of the company to a third party, if necessary Step 2. Presentation. 5 %20F%20version%20web.pdf 9

10 The documents must be presented at the Companies exclusive desk at the Services Platform of the General Immigration Office from 8am to 12noon. They will be placed in this specialized desk once the assessment of the submitted requisites is carried out. Step 3. Review. The Immigration official will review and accept the documents. If everything is in order, a file will be opened, and a voucher will be provided, which will be used as proof that the process is being carried out before the Immigration office. Step 4. Waiting Period. The interested party must wait until the DGME responds within a maximum period of 15 working days. Step 5. Resolution If the registration process of the company is approved, a Resolution will be issued indicating the approval of the process; this resolution confirms that the company has been registered before the DGME. 8. Certain documents that must be submitted are in a language different than Spanish, what should the interested party do? Any document that is in a language different than Spanish must be literally translated by an official translator or a public notary with knowledge in the language. All the information of the document and the legalizations; otherwise it will not be admitted with the request. 9. Where does the interested party find an Official Translator? The Ministry of Foreign Relations maintains a list of registered official translators who are authorized to translate the documents that must be presented at the Immigration Office What happens if the interested party does not have the original document but do have a copy? The copy must be certified pursuant to the Notarial Code and the interested party must pay the applicable revenue stamps pertaining to the process. Likewise, if a copy of a document emitted in another country must be presented, it has to go through the certification process, and its legalization. 11. What happens if the registration of the company is rejected? Will it nonetheless be able to carry out operations in Costa Rica?

11 The company can operate in Costa Rica. However, it cannot take advantage of the benefits offered by the Immigration Office in connection with the immigration processes if it is not registered; in addition if it brings employees from abroad to work in the country, the latter will have to proceed under the ordinary process presenting the documents needed from the company for the employees file in the DGME (the company will not mediate to obtain the requested migratory classification). 12. Can anything else be done if the registration of the company is denied? The company can file an appeal for reversal with supplementary appeal before the Services Platform, from 8am to 12noon. 13. If the appeal for reversal to register the company is rejected? If the Appeal for Reversal is filed, this will be resolved by the Immigration Administrative Court. The company must await a period of two years to reapply for the process again (Article 344 of the Regulations for Aliens). 14. What documents are required if the company changes its corporate name? If the company changes its corporate name, the legal representative of the company must present the following documents before the Services Platform: 1. Change request 2. Certified copy of the deed approving the change in corporate name 3. Document attesting the legal personality 15. The company merged with another, what is required? If the company merged with another company, the legal representative must submit the following documents: 1. Change request 2. Certified copy of the change in corporate name 3. Document attesting the legal representative ( Personeria Juridica in Spanish) 4. If as a result of the merger, a new entity was created, the Requisites for this classification of company must be presented 7 It is important to mention that the new company must verify it can be classified under the category the old company was; otherwise, the new company must apply to be reclassified or present all the documentation through the ordinary process. 16. How often is the registration renewed? The accreditation granted by the Directorate General will have a validity of two years, except for the companies accredited under classification G, which will have validity equal to the minimum term granted by the procurement contract with the Costa Rican State. One month prior to the

12 expiration of the registration, Companies must update the documents initially presented in order to renew their accreditation. 17. If the company wishes to cancel its registration at Immigration, how should it proceed? If the company wishes to cancel its registration before the DGME, a representative must go to the Companies exclusive desk at the Services Platform with a letter indicating and justifying that the company will no longer carry out operations in the country. Additionally, they must present the cancelation of the registration of their employees and immediate family if applicable. 12

13 Companies registered before the DGME may request Temporary Residencies and Visas directly at the DGME for their foreign workers, for the latter s spouses and for children who are twenty five years of age or younger or older children with disabilities. These types of requests are limited to certain profiles such as 8 : Managers, executives, specific professionals or specialized technicians; qualified professionals, scientists, specialized or skilled professionals and technical personnel. The entry requisites and maximum stay in the country vary depending of the nationality of the individuals; DGME classifies countries into four groups whose guidelines change between one group and another 9. If the individuals need to remain in the country more than the time stamped in their passports they can request an extension, but if they have to remain in the country more than ninety days, they must apply for a prolonged stay (maximum one year and renewable) or a temporary residence (up to two years and renewable). We must emphasize that any migratory process has to be requested while the visa is valid. Visas 18. What is a visa? A visa is a permit to enter the Costa Rican territory. A Visa gives the right to enter the country, but it does not suggest the unconditional admission of a person to the country nor their unconditional stay. It will be subject to the payment of the guaranty deposit (when applicable), according to the General Immigration Law (no. 8764), and the immigration control the officers establish to verify the legal and regulatory requirements. 19. When is a person required to present the visa? At any of the immigration control posts (airport, land) when an individual is entering the country; although we must point out that it is possible that an immigration official may carry out a short interview requesting information on the nature of the visit. Additionally to the visa, individual financial solvency must be proved (minimum of US$ per month), a traveling ticket and valid passport Article 42 (Immigration and Aliens Law, N 8764). 13

14 20. How many types of visas exist? The types of visas that can be granted are 11 : Multiple Visa: It is a permit to enter the country as many occasions as the beneficiary person requires during a period of five years. Consular visa: This is a permit to enter the national territory granted by the Consulate General of Costa Rica in the corresponding country. Temporary Visa for students, religious persons, and permanent residents: This is an entry permit to the country in order to conclude migratory processes in the applicable migratory classification. Short Pass to go ashore (by its acronym PCC in Spanish): This is a document granted for a certain period of time to crewmembers, staff or other personnel that work in a maritime means of transportation and who require to go ashore. Permit as a performer: A permit issued by the Directorate General to foreign performers that participate in an event open to the public. Visa as a result of family reunification: This is an entry permit to enter the national territory which allows the reunification of the members of a family that have first degree consanguinity. Nonresident visa: It is a permit to enter the national territory as a tourist or a businessperson. On arrival visa: A permit to enter the national territory granted by the immigration agent that has the rank of Consul in the applicable immigration post. 21. Who and how is a visa granted? The visas can be granted by the Director or Deputy Director, the Costa Rican consular agent abroad, the Commission for Restricted Visas and the Minister of Foreign Affairs and Worship. The visas are granted pursuant to the group in which the country of origin of the foreign person is classified. The countries are classified in four groups 12 : 1. Countries whose citizens can enter without requiring a visa are classified in the first group. The stay that is granted cannot exceed 90 days. The passport must be valid for at least one day. 2. Countries whose citizens do not require a visa to enter Costa Rica are classified in the second group. The stay that is granted cannot exceed 30 days. The passport must be valid for at least three months. 3. Countries whose citizens require a consular visa, which will be understood as the authorization issued by a Costa Rican consular officer to enter Costa Rica, are classified in the third group. The stay that is granted cannot exceed 30 days. The passport must be valid for at least six months. 4. Countries whose citizens require a restricted visa, which will be issued just as the type of visa which must be authorized by the Commission of Restricted Visas, are classified in

15 the fourth group. The stay that is granted cannot exceed 30 days. The passport must be valid for at least six months. 22. If the country of the interested party is classified in the first group or the second group, what procedure must be executed to enter the country? If the country is classified in the first group the interested party does not need to process a prior visa. The day of entry into Costa Rica the interested party must present the Passport and the landing card (the form provided by the Immigration official when entering the airport or the migratory control post). In addition the interested party must present a departure ticket (air, land or maritime) and demonstrate financial solvency (US$ per person per month or a corporate credit card). Upon arrival to the country, the Immigration official will stamp the Passport indicating the maximum time of stay. 23. If the country of the interested party is classified in the third group, what process must be followed? The interested party must fill out a prior application for a consular visa at the nearest Consulate of Costa Rica. The person must ask the consul the requisites that must be submitted with the application and pay US$32.00 following the procedure indicated by the consulate. If the visa is granted the interested party must present, upon entering Costa Rica, the passport, landing card and a departure ticket (air, land or maritime) and demonstrate financial solvency ( US$ per person per month or a corporate credit card). Upon arrival to the country, the Immigration official will stamp the Passport indicating the maximum time of stay. 24. If the country of the interested party is classified in the fourth group, what process must be followed? The interested party must fill out a prior visa application at the nearest Consulate of Costa Rica and pay US$32.00 following the procedure indicated by the consulate. This application will be sent to Costa Rica through the Consulate in order to obtain the approval from the Commission of Restricted Visas. If it is authorized, the interested party must present, upon entering Costa Rica, the Passport, landing card and departure ticket (air, land or maritime) and demonstrate financial solvency ( US$ per person per month or a corporate credit card. Upon arrival to the country, the Immigration official will stamp the Passport indicating the maximum time of stay. 25. Due to his or her nationality, the interested party belongs to the third (or fourth) group, but the passport is stamped with a valid visa to enter the United States, Canada, South Korea, Japan, the countries of the European Union and/or a Schengen visa, should the interested party request a visa through the consulate to enter Costa Rica? The people that have an entry visa valid for more than 3 months from the countries indicated above, do not require a consular visa to enter Costa Rica, and they will be granted a stay for a period of 30 days maximum. 15

16 26. Is the Immigration official under the obligation to grant the maximum stay in the country? No. Based on criteria established by the DGME, the immigration officials have the authority to stamp on the passport a time of stay less than the maximum established in the regulations. 27. If upon entering Costa Rica the interested party is granted a 90-day stay, can the visa be extended? No. The law stipulates the maximum time that is granted to an individual upon entering Costa Rica is 90 days (Regulations on Granting Visas, Article 7), therefore if the person is provided that period of time he or she cannot extend the visa. 28. If upon entering Costa Rica the interested party is granted 30 days or less, can an extension of the visa be requested? Yes, the interested party will be granted the period of time deemed adequate by the Directorate of Immigration. The maximum time that will be granted is that which completes the 90 days indicated by the law. 29. What requisites must be presented to request an extension of the visa? To execute the extension request for the visa the following requisites must be fulfill: a) Request by the interested party. b) Revenue stamp in the amount of 125 and reimbursement of 2.50 Colones for each one of the pages. c) Certified copy of all the pages of the Passport of the interested party (which must be valid), or the original and a copy in order for the immigration official to compare it. d) Two recent passport- sized photographs. e) Demonstrate financial solvency. f) Receipt of the payment in favor the Government in the amount of one hundred dollars (US$100.00). 30. Where does the interested party present the requisites? The application and requisites for the extension of the visa must be presented at the Services Platform of the DGME, Monday to Friday from 8am to 12noon

17 31. How many times can a visa be used? The visa is used only once. Therefore, if a visa is needed to enter the country one must be requested for each trip. The only exception to this rule is the Multiple Visa. 32. Is any vaccine necessary to enter Costa Rica? Depending on the country from where the interested party is traveling, the Yellow Fever vaccine will be necessary to enter the country. Vaccination against Yellow Fever is mandatory 10 days prior to the date of entry to the national territory for individuals originating or traveling from the following countries 14 : a) Sub Saharan Africa: Angola, Benin, Burkina Faso, Cameroun, Democratic Republic of Congo, Gabon, Gambia, Ghana, Guinea, Liberia, Nigeria, Sierra Leone and Sudan. b) South America: Bolivia, Venezuela, Brazil, Peru, Colombia and Ecuador. c) Caribbean: French Guyana. If the interested party has a valid residency card or is a Costa Rican the vaccine will not be necessary to enter Costa Rica 33. If entry to the country is rejected, what can the interested party do? The Immigration officials must draft a rejection record which is a public document and any interested party can request it. Estancia 34. What is an estancia? An estancia is an authorization that is granted to a foreign person because of its specialization in the scientific, professional or economic fields. It is also granted to foreign people that, without earning salaries or fees in the country, must enter the country as business agents, travel agents, commercial agents, to attend to matters linked to the activities of the companies or corporations they represent. 35. At what point in time after entering Costa Rica, must the interested party present the application? The request must be presented prior to the expiration of the term of permanence authorized upon entry to the country, in other words prior to the expiration of the visa, and it will be resolved within five working days as of the presentation of the fully completed requisites

18 36. Where must the interested party present this request? At any of the offices of the General Directorate of Immigration and Aliens (DGME) authorized to that effect. If it is going to be request for an employee of a registered company, the documentation must be presented at the Companies Exclusive Desk in the Services Platform of the DGME. 37. What is the cost of this request? The interested party must pay US$ plus the amount of the revenue stamps (125 fiscal stamp and reimbursement of 2.50 Colones for each one of the pages). 38. If the estancia is approved, are there any restrictions to leave and enter Costa Rica? No, and individual with an authorized estancia may enter and leave the country as many times as necessary, as long as the individual does not exceed the authorized period of stay. 39. What will ensue if the interested party leaves and enters Costa Rica after the period of stay? If the interested party wishes to continue in the country with the sub/classification of estancia they must carry out a new request. 40. What are the requisites to apply for a stay if the interested party is a foreign person of special relevance in the scientific, professional, religious, cultural, sports, economic or political fields, who in terms of the specialty is invited by the Branches of the Government or public or private institutions or by universities or polytechnic institutes? The requisites that must be submitted are detailed below: a. Request for an estancia by the legal representative of the registered company, indicating the tasks performed by the employee and explicitly stating that the employee is not going to receive neither a salary nor any type of fees in the country. b. 125 fiscal stamp and reimbursement of 2.50 colones. c. Payment receipt in favor of the Government in the amount of one hundred dollars (US$100.00). d. Certified copy or the original for comparison purposes of all the pages of the valid passport of the foreign person. e. Two recent passport- size photographs. 18

19 f. Letter issued by any of the Branches of the Government or public or private institutions, or by the universities or the polytechnic schools, indicating the reasons they are requesting the permanence of the foreign person in the country. g. Special power granted by the legal representative of the company to a third party, if necessary 41. What are the requirements if the interested parties are foreign people and are employed as business agents, travelling agents or commercial representatives who enter the country to attend matters related to the activities of the companies or corporations they represent, as long as they do not earn a salary or are paid fees? The requisites they must present are as follows: a. Request for an estancia by the legal representative of the registered company, indicating the tasks performed by the employee and explicitly stating that the employee is not going to receive neither a salary nor any type of fees in the country. b. 125 revenue stamps and the reimbursement of 2.50 colones. c. Payment receipt in favor of the Government in the amount of one hundred dollars (US$100.00). d. Certified copy or the original for comparison purposes of all the pages of the valid passport of the foreign person. e. Two recent passport size photographs. f. Special power granted by the legal representative of the company to a third party, if necessary 42. If the request for estancia in Costa Rica is required for a period of time greater than 6 months, must the interested party present more requisites in addition to those indicated above? If the period of stay under the migratory classification is greater than six months, the interested party must, in addition to the requisites requested for the type of stay, present the birth certificate and a criminal record duly legalized and certified or with an apostille seal, with their literal translation. 19

20 Temporary residence Approach the Services Platform and take a number at the Companies exclusive desk The documentation is reviewed at the Companies exclusive desk and a file is opened 5 working days Immediately Sole notification in writing (requesting additional information or clarifications) A receipt is provided (voucher) 10 working days The request is filed Additional information is submitted If the process is still rejected, this will be sent to Court (the company will be unable to apply for a new registration during the next two years The company is registered Arrive at the appointed time to have the photograph, fingerprints and signature taken 90 days Present an Appeal for Reversal with Supplementary Appeal at the Services Request an appointment for DIMEX at the nearest DGME office 3 días Immediately Process rejected Platform 30 working days A resolution is issued confirming the approval of the Residency Withdraw the DIMEX at the Immigration office where the process was carried out or at the address stipulated to that effect through the Costa Rican Mail System 20

21 43. What are the migratory classifications that can be obtained at Immigration? Some of the classifications that can be obtained from the DGME and which apply to working at a registered company are the following: Temporary Resident: A foreign person to whom the Directorate General grants an authorization to remain for a specific period of time. o Executive, Representative, Manager and Technical Personnel: a foreign person linked through a working relationship with a company who is sent to Costa Rica expecting to execute managerial or executive tasks that entail specialized knowledge in the company or in one of its subsidiaries or affiliates. 15 o Specialized technician: An individual who has special knowledge in the field of science, arts or crafts. 16 o Working Business Visitor: A foreign person who visits the country for up to double the time of his or her tourist visa and who develops activities such as the acquisition and sale of merchandise or services, negotiation of contracts, dialogues with colleagues or participation in business activities. o Travelling Agent: a foreign person representing a transnational company who enters the country. 44. What is the step by step process to obtain the migratory classification of Executive, Representative, Manager or Technical Personnel? Step 1. Requisites. The company must submit the following required documents: - Affiliation form - Application letter signed by the legal representative of the company - Payment receipt covering US$50.00 to pay for the request - Payment receipt covering US$200 to pay for the change in classification if the individual entered as a tourist - Payment receipt covering payment of revenue stamps - Two photographs - Record of fingerprints (Ministry of Public Security) 17 - Consular Registration Certificate - Certified police record legalized or with an apostille seal 18 - Copy of the employment contract with the position name in Spanish and the salary with a 25% more than the local wage for that position (Art. 83 of Law number 8764) Residencia%20Temporal%20Ejecutivo...Gerentes%20Personal%20Tecnico.pdf 16 os/residencia%20temporal%20tecnicos%20...izados%20y%20sus%20dependientes.pdf

22 - Photocopy of all the pages of the passport Step 2. Presentation. The presentation of the requisites must be executed at the Services Platform from 8 am to 12 noon. If the company for which the interested party will work for is duly registered at the DGME, it is probable that this step will be carried out by the legal representative of the company. Step 3. Review. The Immigration official will review and accept the documents. If they are correct, a file will be opened and a voucher will be provided, the latter will be the receipt that a process is being carried out at the Immigration office. Step 4. Waiting Period. The interested party must await the answer of the DGME within a maximum term of 30 working days. Step 5. Resolution If the residency process is authorized, a Resolution will be issued stating that the process has been approved. Step 6. Documentation 1) If the temporary residence is approved, the employee and his/her family (husband, wife, children under 25 or older with disabilities), may go to the Companies Exclusive Desk to obtain a voucher for their documentation, after the payment of the deposits. 2) This voucher will be issued at the Companies Exclusive Desk and has to be use within the next 24 hours. 3) If the voucher is not used within the period established, they will not be received again for documentation in the authorized period, nor will they be received for documentation in the Companies Exclusive Desk. If there is a written justification explaining the situation, the administration may decide if the employee and his/her family have to go through the ordinary documentation process. Step 7. DIMEX appointment The interested person must appear on the day and time indicated in order to have the photograph and fingerprints taken and to sign the document. Step 8. Delivery of the DIMEX (identification document for foreigners) The identification document will be delivered in one of the next ways: 1. Personally, at the Immigration office where the process was carried out. 2. Through Correos de Costa Rica (Costa Rican mail system), at the address indicated on the day of the appointment. 22

23 45. What is the step by step process that must be executed to obtain the migratory classification of Specialized Technician? Step 1. Requisites. The company must submit the following required documents: - Affiliation form - Application letter signed by the legal representative - Payment receipt covering US$50.00 to pay for the request - Payment receipt covering US$200 to pay for the change in classification if the individual entered as a tourist - Payment receipt covering payment of revenue stamps - Two photographs - Record of fingerprints (Ministry of Public Security) 19 - Consular Registration Certificate - Certified police record legalized or with an apostille seal 20 - Copy of the employment contract with the position name in Spanish and the salary with a 25% more than the local wage for that position (Art. 83 of Law number 8764). - Photocopy of all the pages of the passport Step 2. Presentation. The presentation of the requisites must be executed at the Services Platform from 8 am to 12 noon. If the company for which the interested party will work for is duly registered at the DGME, it is probable that this step will be carried out by the legal representative of the company Step 3. Review. The Immigration official will review and accept the documents. If they are correct, a file will be opened and a voucher will be provided, the latter will be the receipt that a process is being carried out at the Immigration Office. Step 4. Waiting Period. The interested party must await the answer of the DGME within a maximum term of 30 working days. Step 5. Resolution If the residency process is authorized, a Resolution will be issued stating that the process has been approved. Step 6. Documentation 1) If the temporary residence is approved, the employee and his/her family (husband, wife, children under 25 or older with disabilities), may go to the Companies Exclusive Desk to obtain a voucher for their documentation, after the payment of the deposits. 2) This voucher will be issued at the Companies Exclusive Desk and has to be use within the next 24 hours. 3) If the voucher is not used within the period established, they will not be received again for documentation in the authorized period, nor will they be received for documentation in the Companies Exclusive Desk. If there is a written justification explaining the situation, the

24 administration may decide if the employee and his/her family have to go through the ordinary documentation process. Step 7. DIMEX appointment The interested party must appear on the day and time indicated in order to have the photograph and fingerprints taken and to sign the document.. Step 8. Delivery of the DIMEX The identification document will be delivered in one of the next ways: 1. Personally, at the Immigration office where the process was carried out. 2. Through Correos de Costa Rica (Costa Rican mail system), at the address indicated on the day of the appointment. 46. What is the step by step process that must be executed to obtain the migratory classification as a Visiting Business Traveler r? Step 1. Requisites. The following required documents must be assembled: - Affiliation form - Application letter - Payment receipt covering US$200 to pay for the change in classification if the individual entered as a tourist - Payment receipt covering the payment of revenue stamps - Two photographs - Letter of the commercial enterprise which the worker represents - Photocopy of all the pages of the passport Step 2. Presentation. The presentation of the requisites must be executed at the Services Platform from 8 am to 12 noon. If the company for which the interested party will work for is duly registered at the DGME, it is probable that this step will be carried out by the legal representative of the company. Step 3. Review. The Immigration official will review and accept the documents. If they are correct, a file will be opened and a voucher will be provided, that will be the receipt that a process is being carried out at the Immigration Office. Step 4. Waiting Period. The interested party must await the answer of the DGME within a maximum term of 30 working day Step 5. Resolution If the residency process is authorized, a Resolution will be issued indicating that the process has been approved. Step 6. Request for Appointment At the time the Resolution is received, the legal representative of the company or the interested party must appear before the nearest DGME office to request an appointment for the 24

25 preparation of the DIMEX document (identification document for foreigners). The receipt will indicate the day, and time that the interested party must appear in order to have the photograph and fingerprints taken as well as his or her signature. Step 7. DIMEX appointment The interested party must appear on the day and time indicated in order to have the photograph and fingerprints taken and to sign the document. If the appointment is at the Immigration office at La Uruca, the interested party must proceed to the Documentation office. Step 8. Delivery of the DIMEX The identification document will be delivered in one of the next ways: 1. Personally, at the Immigration office where the process was carried out. 2. Through Correos de Costa Rica (Costa Rican mail system), at the address indicated on the day of the appointment. 47. What are the requirements if the interested party decides to bring his family (spouse, children [minors or adults with a disability], older single children up to 25 years of age, parents and minor brothers and sisters or adult brothers and sisters with a disability, who financially depend on the entitled interested party of the migratory status)? For each of the classifications previously described, in conjunction with the process of the entitled interested party, and for each of his or her dependents, the following must be presented: - In the case of the spouse, a marriage certificate, birth certificate and police records duly certified or with an apostille seal In the case of children, a letter of request from the legal representative. - In the case of adult children with a disability, a medical opinion - In all cases, an authentic document that demonstrates the family ties. 48. Will a temporary residence of spouses and children allow them to work in the country? No, the temporary residence of spouses and children was issued as accompanying people, therefore it does not provide the possibility of working in the country; unless the spouse requests a change of condition before the DGME. 49. What are the consequences of a temporary residence being rejected? Will the interested party no longer be able to work in Costa Rica? Correct. Whenever the request is rejected, a reasonable amount of time will be provided to leave the country without causing a detriment as an irregular departure, with respect to the expired visa