It is hard to not say I told you so…  I cannot.   Sorry!

On January 11, 2009, in response to a large number of emails and phone calls, I blogged about the proposed immigration law. One online newspaper told concerned expats, future residents and readers that the new law would be passed immediately… before the Christmas (2008) break!  They said it would be retroactive and even those folks already here legally would be affected and have to comply. Everyone panicked.

I tried to explain that nothing happens that fast in this country and that panic sells newspapers and increases readership and thus sells advertising. I also explained that it is against Costa Rica law to have a new law be retroactive. I suggested a wait and be patient approach.

Well that was January and this is August and yes, finally, the Asamblea Legislativa (the congress) has passed the new Ley de Migración (immigration law) which should for years influence the rights and responsibilities of foreigners coming to live in Costa Rica.  Note I use the word foreigner and not the words American, Gringo, US Citizen or other such word as despite our often enormous sense of self importance, this law is designed to affect anyone from any nation who seeks to reside in Costa Rica on a legal and permanent basis. It covers a lot more as well.  I held off a few days trying to get a more complete picture of this new law, but sadly, reliable details are not forthcoming so for those of you who are interested in this topic, read on!

First, I must say that everything I have read about the new law is just plain fair and is, in the years that I have lived here,  this is about the only law that got  it almost 100% right. It falls a little bit short of fully protecting Costa Rica, but I’ll discuss that later.

OK so what is in this law?  Here are the salient points!

• Costa Rica is getting tough on the trafficking of persons. This is now a criminal offense with much stronger penalties.  Trafficking can be for purposes of slavery, prostitution, or simply smuggling people from, to or through Costa Rica to other countries.
• Pensionados, those who receive a guaranteed income from US Social Security, a State pension fund or other “guaranteed” source, will be now required to show proof of $1,000 per month (US) income. There will be no deposit required.  This is spot on as it is just no longer possible to live here for $600.00 per month, the old requirement. All but a few recipients of social security should qualify easily.  The spouse is included in the $1,000 figure.
• Rentistas,  those who wish to live here legally but are too young or otherwise do not qualify for a pension like social security, will now deposit  $2,500.00 per month ( a one time deposit of $150,000.00 to cover five years).   I am presuming it will work the old way.  (Not 100% sure yet).  However the $2,500 per month is correct. Besides being 2.5 times the old $1,000 per month, this figure includes immediate family members and that may actually save money for a family with kids. However, it would seem to penalize single persons wishing to move here and thus is one of my few concerns  regarding this law.
• Marriages between Costa Rica citizens and foreigners can be brought under far closer scrutiny.  This has been a serious issue for years, with numerous marriages of convenience allowing low-lifes (and maybe some not-so-low-lifes) to purchase a Costa Rica spouse they perhaps have never met and immediately be eligible for Permanent Residency. Now a couple under investigation may have to  prove to immigration (migracion) that they are a couple, have been through a courtship-  both persons living in this country. In other words.. it’s love and not a scam!
• A new immigration police force will be formed, composed of specially trained officers from the Fuerza Pública plus existing members.  With this is the stronger enforcement which should allow Costa Rica to deal far more efficiently with the many illegals (often referred to as perpetual tourists) living here.  This new law will finally allow for active tracking of these scofflaws as opposed to the random raids now so popular. Costa Rica has a significant problem with illegals from Nicaragua,  the USA and Canada and with luck, there should be enough enforcement power to handle this problem.
• Owners and operators of hotels will now be required to maintain registers of all guests with residency documentation and backup, presumably similar to those in Europe.  Will they be required to hold the guest’s passport?  Unclear…  and we will not know until we all see the actual law. There was talk also of heavy penalties to employers of illegals and I have thus found nothing addressing that.
• It also appears that a new court will be formed to deal solely with issues and appeals of immigration.
• Foreigners will now have to join the Caja Costarricense de Seguro Social or the CAJA as it is known.  This is the socialized medical plan of Costa Rica also covering pensions. CAJA provides medical care for all members without regard to pre-existing conditions and this is the other area where I believe the diputados  made an error.  While it is one thing to control the pre-existing rules within one country (like the USA for example) and between insurance carriers in that country, it is quite another to open the CAJA system to the world and allow anyone with a very costly illness to “buy” unlimited medical care for as little at $600.00 per month.  I fear this may come back and bite those legislators on their collective butts.
• Show me the $$$.  Where is the money coming from?  That is always a fun and interesting question in Costa Rica.  Sadly, the answer often is…  there is none.  There does, however, appear to be a provision affecting all immigration transactions (tramite) that may now carry a charge, in one report, $25.00 per tramite.  This is not a verified fact.
• Amnesty? One source indicates the the president of Costa Rica will now have the right to grant residency.  This was interpreted to mean that the president could grant a massive amnesty to illegals now here in the country.  I am not sure I agree with that leap of logic though it may be correct. After having asked around, I cannot very anything, but there is precedent for amnesty as it was twice given in the 90’s, in essence granting legal residency to all those who could prove they had lived here illegally for a specified period of time. Could this happen again?  Quien sabe?  It would certainly make the job of the new immigration police force a lot easier as they could start with a clean slate.

So what is next? When is this law? So why is this all not just clear?  For that, you must understand how things work here.

The next step as that the law must be signed by the president of Costa Rica, Don Oscar Arias.  Once that has been done, the law will be published in La Gaceta.  The law goes into effect six months after being published there. So that’s when we will  know everything right?  Nope, and this is a point that is often simply impossible to teach those from other countries, especially those from the USA where the law is the law.

Law is NOT law here. Yes, there is a law, but that law is then  interpreted by the agency involved, in this case immigration. They will then interpret and enforce this law as they see fit and enforce it as they see fit.  If someone does not like it, they will take it  to the Supreme Court and THEY will interpret it.   Sound easy?  Nope… because in the past, various government agencies have paid not the least attention to the supreme court decisions and have just continued to operate as they had before.  This has happened several times with immigration since I have lived here.  This time though, they have a pretty good law and the director of immigration seems to be an intelligent man… so we shall see!  In any case, the supreme court eventually gets torqued and starts handing out threats of jail, monetary penalties, etc. at which point the government agency involved does pay attention.. This issue just seems to make Gringos go crazy as it is anathema to the structured and well defined laws in the USA. Hint… If you are going to live here, you must understand that you are not in Kansas anymore and that what me be clear to you, is not clear at all.

Comments welcome!

This year, though, things have changed!  OK… I know better than to say such a thing. Let us just say that the process has changed, and we shall see if  “things have changed”.

What are the big changes? Well the biggie is that this year, it seems, that I will not need to make the trek to immigration.  The other stuff will be gravy. So here is the new process:

Making that trip to immigration has always been a pain. While the vast majority of dealing with any branch of the Costa Rica government is a lesson in inefficiency, any sojourn to migracion is the premier example on how NOT to deal with the public.

The changes? For starters, renewal can now be done at any of thirty-two branches of the Banco de Costa Rica (BCR).  In fact, they have even devoted a web page to those who will be renewing residency at that bank. It is, of course, in Spanish as bank web sites in English are still not common.  I will, however, be happy to do some translating of the more important goodies!

Before I do… one alert reader commented that there is a link ti the English version. Either I missed it or they have added it.  I am getting olde… I probably missed it… Either way, you now can click the link above for GringoSpeak!

• BCR promises that the process can be finished in twenty minutes.  The operative words here are “can be”.  I will, of course, report on the accuracy of that semi-commitment.
• BCR offers this service for renewals and for lost residency cards (cedulas)
• They are staffed to do this at any of thirty-two offices throughout the country (see list below). I am guessing that they may add more in the future, but these seem to cover just about the whole country so nobody need travel a great distance.
• Cost is $48.00 and is paid at the BCR branch at the time of renewal (but see below!)
• They provide a number for making appointments.  It is toll free, 800.227.2482. It is answered in Spanish, and when I called, the person was not multilingual. English speakers may be available though, I did not ask.
• You will not get your cedula at the time of your appointment. It is promised to be sent to you by la  Dirección General de Migración y Extranjería (immigration) no more than 25 calendar days after your appointment. No mention of how it is delivered.

That’s it!  Seems simple enough. So here is how it worked for me.

I called the toll free number, was placed on auto-hold for maybe 3 minutes until a nice  lady answered. I was given an afternoon appointment in mid August at the BCR branch in the Mall Internacional not far from the San Jose airport. I was told to bring my cedula and my passport.  That’s it!  Now you will all have to just wait to find out if the above promises bear any semblance to reality.

Oh… and I saved the best for last!  If my Spanish did not fail me, this renewal will be for TWO YEARS!!

Here is a list of the 32 branches set up for renewing or replacing cedulas.

In this case, Miguel (who I suspect is really a Michael as he writes from the USA), reminded me that I had never followed up on my post from last July 4 regarding my residency renewal. I really meant to do this, but as I did not go until September… OK October… I lost track. So for anyone interested in what happened… read on!

My appointment was scheduled for September 1st.  About a week before, I made the $58.00 deposit to  Banco de Costa Rica as instructed.  As I had an “appointment” for 11:15 AM, I showed up at about 10:30 AM on the very off-chance that this might actually mean I had an appointment at 11:15 AM. When will I ever learn… but hope springs eternal!

When I arrived, I got in the line to enter the building after checking in with the gatekeeper.  “Not a bad line”, thinks I!  Maybe 15 people in front of me.  Cool! So at almost exactly 11:15 AM, I am waived into the building a told to take a seat.  I see perhaps 50 people waiting in the seats.  I immediately take a seat and am immediately told… “No, over there!”.  Hmmm.  Make that about 80 people. So I wait.  Like an idiot, I did not bring my Ipod so I could listen to a book or to music… the time flies… not.

About 90 minutes pass and I am at the front of the line! “Not bad”, thinks I… ever the optimist!.

The guard motions for me to enter the next room which I presume is the actual location for my residency interview.  How many years will it take.  Naw… THIS room has another 70 people waiting in chairs to enter still another room. Oh-oh. Have I mentioned that 1. these building are not air conditioned and 2 it is hot as hell? Thought not.  Really, San Jose is generally very tolerable heat-wise and I seldom suffer even though I am calorically challenged.  However, fourscore people in a small room tends to make it kinda toasty! I thank God that those waiting are generally very clean people who take their relationship with  a bar of soap quite seriously.  So I sweat a bit… and wait.

At about 2:30, I have made it to the head of the line and wait for my name to be called. Shortly, it IS and I am told to walk back to desk number (I can’t remember) and have a seat.

A very nice young lady who after all these hours most certainly received her patience training at Job’s School of Boils,  reviews my file. This is already on her desk, so there was some preparation.  She asks a few questions and then takes my picture.  It is just horrible.. though given the subject matter…. Anyway, I ask for a re-take which she gladly does (after looking at result #1).  #2 is perhaps 5% better, but I am thinking of the 200 + people waiting and I just do not have the heart to ask for #3. The photo ages me about 50 years and I look like some guy released on parole after spending 66 years in stir.

Now when I got my first cedula, they took the picture, had me wait about ten minutes, then gave the new cedula to me and I was gone! Ahhh… Costa Rica! Only here is it possible to double the amount of work for such a simple task!  She smiles brightly and tells me to come back on October 1st to pickup my cedula. Oh… neat. I leave.  Time?  3 PM.

Fast forward to October 1!

Now as there is no appointment to pickup the cedula… just an open line somewhere, I go early! LOL!  Not early enough as it turns out. I get into a line (outside in the sun) with maybe 60 people in front.  OK… not bad.  I mean we are all just picking up and signing for our cedulas… right?

Two hours later, I am at the window. The process takes less than one minute.  Clearly the one minute process did not apply to those who went before. I get my cedula and as we all do.. check my photo.  It was atrocious in September, and now that it is encased in plastic. it has gotten much worse. If I really thought I looked that bad…

So that is it… well it is until July when I will again make a reservation, again go to immigration, again wait in line….

I am eligible for citizenship, and I may well just go on down and pick up the document list.  Permanent residents must renew every year.  Citizens every ten years (I think).  On the other hand.. maybe this is like child birth and the pain will fade… until next time.