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Immigration Regulation Reform Will Allow Foreigners to Work While Their Residency Application is Approved

NOVEMBER 1st 2019

San José, November 1st.  2019. A reform to the Immigration Control
Regulation, promoted by the Costa Rican Promotion Investment Agency (CINDE),
the Ministry of Foreign Trade (Comex), together with the General Direction of
Immigration, will allow foreigners, who are in the process of approval of
residence procedures, The opportunity to work while the application is being resolved.

Decree No. 41890-MGP represents a huge
advance in local competitiveness and has been a topic of interest to many
multinational companies. The decree was issued by the President of the
Republic, the Ministry of Governance and Police, and was published on October
16 of this year in the official newspaper La Gaceta.

This decree amended article 187, which
includes exceptions to the rule, allowing foreigners who are processing their
residency application to work while the process is resolved, however, the
following requirements must be met:

The person can only perform the functions
described in the application for admission or permanent residency.

If the person is found working in functions
that have not been described, he will face the denial of the application and
the application of article 128 of the General Law on Migration and Foreigners.

The employer must be duly registered with the
Costa Rican Social Security and guarantee the employment contract, show respect
for current labor and social legislation. Violation of this will lead to denial
of the request.

The present authorization will be temporary
and will expire at the time the application is approved or denied.

The authorization regulated in this article
does not imply an authorization of permanence.

For more information on the subject,
you can contact Rebeca Matamoros, Lead for Ease Investment and Competitiveness,


CINDE is a private, non-profit
organization which has been committed for 37 to the development and sustainable
social progress of Costa Rica, this by attracting foreign direct investment in
manufacturing industries and high value services that generate quality jobs,
knowledge transfer, and productive chains. CINDE also collaborates in strengthening
the Costa Rican business climate in a way that fosters the growth of activities
of value to the country, the improvement of the preparation of local talent,
the generation of employment and greater opportunities for tis population in
different communities of the country.