Legal Update by Lica. L Torres
Costa Rica, like the United States and most countries, requires that foreigners in the country follow local rules and those that do otherwise can find themselves no longer welcome. Deportation is the act ordered by the migratory authority (Immigration) whereas they put outside the border of the national territory any foreigner found in one of the following situations:
1. Those who have entered clandestinely into the country without fulfilling the norms that regulate their entrance or admission.
The entrance of foreigners to the national territory has to be made at qualified locations: terrestrial, marine or aerial. At the time of entrance the foreigner will be subject to the respective migratory control and will have to carry a valid passport and visa granted by the competent Costa Rican authority as a particular case permits. The foreigner who does not fulfill the previous requirements is considered an illegal alien.
2. Those who have obtained entry or residency in the country by means of false declarations or false document presentation.
Remember that you will need to present a valid passport upon entering the country, as well as any other necessary documents. These documents must be authentic and any situation to the contrary will be reason for deportation.
3. Those who remain in the country past the authorized term.
The authorized term is the time allotted by an entrance visa for tourists, which depends on the country of origin and can be from 30 days to 90 days. Before the visa expires the foreigner has to leave the country and if he does not he will be considered illegal and subject to deportation.
4. Those who remain in national territory once their residency has been cancelled.
Residency may be cancelled in the following circumstances, among others.
a) When the resident remains outside the country for a period greater than 1 year.
b) When the resident does not renew the certificate of residency.
c) When the resident enters the country at a place not authorized. Everyone must enter at authorized locations.
5. Any others who have special permission to visit the country, but stay past their allotted time. Travel agents, artists, sportsmen, passengers in transit, international transport crew, working emigrants, politicians, scientists, etc.
The Procedure of Deportation of Foreigners:
This area falls under the charge of the "Departamento Especial de Policía de Migración". This procedure can be made by the Government or at the request of anyone. It will be ordered by the Government whenever the authorities of Migration or any Government institute has knowledge that the foreigner falls into any of the previously indicated situations. Private individuals may make a formal denunciation throughout the national territory to Immigration authorities.
Regular Police or the Special Police of Migration will be able to detain any undocumented foreigners or those who do not carry or have passport with a valid visa. The detained foreigners will be taken to the "Centro de Aprensión de Extranjeros" in the "Quinta Comisaría" del "Ministerio de Seguridad Pública". There a file will be opened on them and will be sent to the "Asesoría Legal de Migración" where the documents and the resolutions will be prepared to order the deportation.
The detainees will have to remain in the police station until the resolution of deportation is completed. They will be able to make telephone calls and to receive visits of lawyers or others. Once the resolution of deportation is ready if the detainee has entered into the country legally he / she will be able to leave the "Centro de Detención" and will have 5 days to appeal the deportation. If the person has entered into the country illegally, he / she will not have the right to appeal nor to leave the "Centro de Detención", and they will be sent directly out of Costa Rica.
In order to leave the country, undocumented people will have to remain detainees until their respective Embassy makes an identity card or provisional document for them. In the passport of the foreigner who will be deported Immigration will print an exit visa seal, in red ink, and with the word "Deportado". There will also be an indication saying that he/she will not be able to enter the country for a term of 10 years. Approximately 60 foreigners of all nationalities are deported each month, and the Migratory Law does not make distinction as to the country of origin.
When deportation is being carried out the foreigner will be sent to the country of origin, or to a third country that admits the person; however, the foreigner cannot be sent to a country where he/she will be executed or his/her life is endangered.
If you have any questions about the article or any other questions of legal matters, please don't hesitate to call and get your questions answered.
© El Residente ARCR Administración S.A. San José, Costa Rica N.B. Like all information on the internet, this article may currently be incorrect or out of date.
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