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MARCH 31 2014

IMMIGRATION LEGAL STATUS FOR HOUSEHOLD, CONSTRUCTION AND FARM WORKERS
Decree grants 3 additional months

The Reglamento de Extranjería, in force since May 17th, 2012 included, among its temporary dispositions, an extension of time for those household, constructions, and farm workers that were illegal in the country, to obtain a migratory legal status without the necessity of a valid visa or permit.

Such temporary disposition benefited hundreds of workers and employers that proceeded to regulate their employees´ immigration status.  However, many people in need of this advantage did not meet the requirements to access it (at least six months of continuous work prior to the publishing of the law).

Thus, considering the convenience of the matter, the Government issued a new decree that postpones the $100 monthly fine, established by the Immigration Law for those with an illegal migratory status in the country, up until next October 23rd, 2013.

Additionally, a new temporary regimen was created in order to regulate the migratory status of household, construction, and farm workers, who will be able to apply for work permits without the need of a valid visa.

This temporary regimen will be in force for a period of 3 months, starting June 17th and until September 17th, 2013.

Work permit requirements:

Those who desire to obtain a work permit under the conditions established by the new decree will have to meet the following requirements: 

  1. Being a household, construction, or farm worker.
  2. Having worked for the same employer since before December 31st, 2012.
  3. To file birth certificate and criminal records from their country of origin, which can be obtained from their country´s Consulate in Costa Rica, as long as it has minimum security measures.
  4. Copy of social security registration.
  5. Application form.
  6. 4 passport size photographs.
  7. Consular registration.
  8. Copy of all pages of the Passport.
  9. Finger print record.
  10. Payment receipt. 

The employer will also have to file the following documents:

  1. A written request explaining the activities the foreign person will perform the season and the area (for temporary workers only).
  2. Job offer.
  3. Evidence that the company is up to date with all tax and labor obligation payments.
  4. Income certification. 

LLC recommends all of its clients with these commercial activities to seize this opportunity and check all of your foreign employees’ immigration status and proceed with the corresponding applications, backed with the right legal counseling in order to avoid unnecessary delays and inconveniences.

Cordially,

Luis A. Medrano Steele, Esq.
Senior Partner and Director
Labor Law Corp S.A.




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