A reform of Art. 187 of the Migration Control Regulation,

Executive Decree number 36769-G, passed on October 16, 2019,

prohibits employers to hire a foreign national that has entered the

country as a non-resident, even if they have a pending application

in process.

However, there are some exceptions to this rule, such as the

below:

  • Those hired by the companies accredited to Migration in

    accordance with the provisions of Decree No. 36576-G-

    “Regulations for the Registration of Companies before the

    General Directorate of Migration and Foreigners and the Migration

    Regularization of their Personnel”.

  • Personnel of international means of transport of passengers and

    merchandise.

  • Those of special relevance in the scientific, professional,

    religious, cultural, sports, economic or political spheres that,

    depending on their specialty, are invited by the State Powers or

    public or private institutions, or by universities or colleges

    University students

  • Those who are business agents, traveling agents or commercial

    delegates who enter to deal with matters related to the activities

    of the companies or companies they represent, provided that they do

    not accrue the payment of salaries or fees and to perform their

    activities do not require residence in national territory.

  • Those who work as reporters, cameramen and other social media

    personnel, who enter the country to perform functions of their

    specialty and do not earn salary payments in the country.

The amended text also includes the following regarding the

period the authorities take to resolve an application request until

the foreign national may perform work:

  • The foreigner may only perform the functions described in his

    application for admission or stay.

  • In the event that the foreign person is detected by the

    Professional Migration and Foreigner Police by carrying out tasks

    other than those based on their request for legal permanence, that

    request will be denied, their stay will be canceled and they will

    proceed according to article 128 of the Law General of Migration

    and Foreigners N ° 8764.

  • The employer must be duly registered as such before the Costa

    Rican Social Security Fund and guarantee in the employment

    contract, full respect for current labor and social legislation and

    the payment of minimum wage during the term of this temporary

    authorization to work. Violation of this condition will imply the

    denial of the request for legal permanence of the foreign

    person.

  • The authorization to work referred to in this article will be

    strictly temporary and will expire when the application for legal

    permanence is authorized or denied.

  • The authorization to work regulated in this article does not

    imply that the stay intended by the foreign person will be

    authorized, since said request must be resolved in accordance with

    the immigration legislation in force at the time of the

    presentation of the management.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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