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.
Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.