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:

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

2.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.

3.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.

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

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

If your in need of immigration assistance residency and citizenship expert Laura B. Gutiérrez from Immigration Help CR can be reached by clicking here, toll free at 1-833-733-6337 or by sending a email to [email protected].