I had an interesting conversation today about the laws (specifically immigration laws) of Costa Rica. I had noticed that the most recent immigration law, effective March 1, 2010, was published and available to read, and it didn't contain a lot of the rules that the previous law had (e.g., a rentista resident under the old law must spend at least 122 days out of each residency year in Costa Rica in order to maintain this type of residency. But the new law says nothing about a time-in-country requirement.) So, I asked if the new law superseded the old law completely, or if it was additive. It turns out that the answer is not simple!
Costa Rica has three levels of "law" - first, the law is written, passed, and published. Then, the "regulations" are written and published. Then, various "clarifications" are written, but not published (that is, not necessarily available to the public, but issued as a type of memo to the officials involved in enforcing the law and regulations).
However, if the regulations are never published, then the old regulations (governed by the old law) are still in force! In the case of immigration, the last *several* laws had *no* regulations published! This means that the regulations in use are OLD - several version of law changes old! So, to be safe, even though the new (1 year old) immigration law says nothing about a time-in-country requirement, you must still plan on spending 122 days each year in Costa Rica if you are a rentista resident.
This set of rules also governs what is commonly known as the "perpetual tourist" - someone who lives in Costa Rica on a tourist visa. This PT must renew his visa by leaving and re-entering Costa Rica. If this person is a citizen of the USA, the visa is usually for 90 days, but this is entirely up to the border official, who may give less than this. In this case, there is no law against living in Costa Rica as a tourist, and the immigration regulations don't address this. However, there may well be "clarifications" in the form of memos from the director of immigration to the border officials that we simply do not know about. These are the documents that set the tone of the law, and determine what the border official is likely to do.
Keeping up with this would be a nightmare, and I don't envy those who must.
Note: don't use this as any sort of legal defense - I might easily have misunderstood something important. Just be aware that it is not as simple and straight-forward as one would think!
Showing posts with label residency. Show all posts
Showing posts with label residency. Show all posts
Friday, May 6, 2011
Saturday, September 25, 2010
Voting From Abroad
Today, we voted in the USA and California elections, from Costa Rica. Because the Democrats Abroad organization had a get-out-the-vote event today, it was pretty easy.*
One thing that makes a big difference (at least for California) is whether you register as living abroad temporarily or indefinitely. To quote from the California SOS website (http://www.sos.ca.gov/elections/mov/who-special-absentee.htm):
"You are eligible to vote in California's federal, state and local elections if you are a U.S. citizen living temporarily outside of the U.S. who lived in California immediately prior to your departure from the United States. If you are living abroad for an indefinite period, you can only vote in elections for federal offices (President, Vice President, U.S. Senate and House of Representatives)."
This was the first time we registered as living abroad for an indefinite period! In all the previous elections, we lived in both Costa Rica and California. We went through all that agony of reading and trying to understand all the ballot measures, divining which candidates would best represent us, and finally, rejoicing or lamenting the results. This year, we simply wrote down two names - it took us longer to fill in all the forms than to decide how to vote!
I have mixed feelings about this - I have always hated voting, and have always done it from a sense of duty. Because of that, I spent a lot of time reading the propositions, pros, cons, etc. And in the end, I never really felt that I got the whole story. But I was fully engaged. Now, I don't have to spend that sort of effort, but I also am not *allowed* to participate. So, for the moment, especially since I have no choice, I will lean toward relief :-).
The type of residency that your state** says you have when you move abroad affects much more than just your voting. You have to worry about all sorts of things:
The great thing {insert eye-roll} is that these government offices don't seem to be in sync!
--------------------------------
* Anyone living abroad can vote on their own (see http://www.sos.ca.gov/elections/elections_mov.htm or http://www.votefromabroad.org/). You do not have to be a Democrat to register or vote at these events - you can register for any party (or none), and vote for whoever you like.
**Each state has its own rules regarding continuing residency and voting. The state where you resided immediately before moving abroad is the one whose rules you follow. Most states consider you a resident (of some sort) even while you are abroad.
One thing that makes a big difference (at least for California) is whether you register as living abroad temporarily or indefinitely. To quote from the California SOS website (http://www.sos.ca.gov/elections/mov/who-special-absentee.htm):
"You are eligible to vote in California's federal, state and local elections if you are a U.S. citizen living temporarily outside of the U.S. who lived in California immediately prior to your departure from the United States. If you are living abroad for an indefinite period, you can only vote in elections for federal offices (President, Vice President, U.S. Senate and House of Representatives)."
This was the first time we registered as living abroad for an indefinite period! In all the previous elections, we lived in both Costa Rica and California. We went through all that agony of reading and trying to understand all the ballot measures, divining which candidates would best represent us, and finally, rejoicing or lamenting the results. This year, we simply wrote down two names - it took us longer to fill in all the forms than to decide how to vote!
I have mixed feelings about this - I have always hated voting, and have always done it from a sense of duty. Because of that, I spent a lot of time reading the propositions, pros, cons, etc. And in the end, I never really felt that I got the whole story. But I was fully engaged. Now, I don't have to spend that sort of effort, but I also am not *allowed* to participate. So, for the moment, especially since I have no choice, I will lean toward relief :-).
The type of residency that your state** says you have when you move abroad affects much more than just your voting. You have to worry about all sorts of things:
- mailing address - no matter what, you are still going to get mail. Do you want it all forwarded to you out of the country? Probably not. Many people impress family members or friends to take care of their mail, but there are also companies that will sort through your mail and notify you of contents and forward as necessary. The post office does not know that you are out of the country indefinitely. It only knows if you are out temporarily if you have your mail held (and even then, it would be guessing). A mailing address in the state generally doesn't affect your residency status.
- banking - it's generally a good idea to keep some kind of banking presence in the USA. As dismal as the interest rate is on savings accounts, it can often be a bit better than other banks. Also, if you get social security or pension checks, many countries aren't set up to receive these directly - many people get their checks deposited into their USA bank, then transfer money as needed to their new country. Bank accounts in Costa Rica are fairly difficult to open, and often are frozen or closed without notice. Unfreezing or reopening these accounts is a time-consuming process, and almost always requires a personal visit with documents in hand.
- driver's license - most people keep their state driver's license. Most countries allow you to drive on your USA license, at least for some period of time. You have to figure out what to do when it is time to renew, and that is when a mailing address really helps. The DMV would not know or care about any change in your residency status, unless you changed states (and this is not the case).
- taxes - you'd better believe you still pay taxes! The good news is that you can get your refund checks mailed to you in your new country, or direct deposited into your USA bank. You also get a later filing date - no more April 15th deadline; your agony can be extended all the way out to June 15th! The IRS and state tax board have all sorts of rules you get to discover when you change your country of residency and your stateside residency status.
- health (and other) insurance - we've been away from the states since before the new health-care laws came into effect, so I'm not completely sure what is required of those of us living abroad indefinitely. We're not exactly residents, but we're not "non-residents" either.
- jury duty - this was confusing at first! I actually got a jury duty summons! I finally remembered that the summons specifically says to not forward, so I asked my put-upon family mail-sorters to return it with that designation. I would think that if you are living abroad temporarily, you would have to ask for an extension, and eventually have to show up.
- rights upon your return - if you have claimed that you are living indefinitely abroad, then return to the USA, what might you have to do to reclaim residency? Let's say you wanted to attend UC Davis as a resident - more than likely, you would have to establish residency just like someone who moved to California from another state. But it would be worth asking directly about this, especially if you have maintained at least some presence in the state. If you lived abroad temporarily, then you retain all rights of California residency, and don't have to do anything.
The great thing {insert eye-roll} is that these government offices don't seem to be in sync!
--------------------------------
* Anyone living abroad can vote on their own (see http://www.sos.ca.gov/elections/elections_mov.htm or http://www.votefromabroad.org/). You do not have to be a Democrat to register or vote at these events - you can register for any party (or none), and vote for whoever you like.
**Each state has its own rules regarding continuing residency and voting. The state where you resided immediately before moving abroad is the one whose rules you follow. Most states consider you a resident (of some sort) even while you are abroad.
Monday, September 6, 2010
Permanent - Cedula!
Last Wednesday, I found out that my permanent residency was approved! The next step - get my new cédula! That would be the ID card that actually *says* I am a permanent resident :-).
So, I paid the cédula fee (currently $123) and the rest of the legal fees, and my lawyer called for an appointment. Once upon a time, this took months (I'm not kidding! Our very first appointment for our very first cédula was FIVE months after our residency was approved.). This time? Less than a week! My appointment with immigration was Monday morning - 2 1/2 business days after being notified of the approval. (I'm wondering how many times I can get away with saying "approved" in one post...)
This morning, I hustled over to ARCR, met my lawyer's aide, and checked over my documents:
- latest orden patronal showing that I have joined the Caja (the national health system)
- my passport(s), boarding passes, exit tax receipts
- my old cédula
Waiting in the wings, just in case, I also have:
- hoja de delincuencia (a Costa Rican police report, showing I have been a good girl)
- USA embassy registration (proving that the USA knows where I am)
- Caja carnet
- bank letter, showing that Rick's family (that's me) has converted the required amount of money in the last year as rentistas
- marriage certificate ('cause *everyone* wants to see this)
- copy of Rick's cédula
Then we went over to La Migra (immigration), in time for my 9:15 appointment. As usual, we expect to spend up to 3 hours waiting for my turn.
I had brought a book, but quickly realized that I would be too anxious to read - I had to listen for my name (no numbers or moving-chair line), and that is problematical here. Will it be "Julie Hill?" or "Hoolia Eejh?" Turned out it was "Julie Kris Hill" whaddaya know, almost right - I heard it the first time, as did the aide :-). And it only took about an hour of waiting, most of it sitting!
We both went to the desk, where the immigration official asked to see my resolution (the piece of paper that says my residency was approved), receipt showing I had paid the fee, and then my cédula. Then she asked if I had picked up my old cédula at immigration, or had I had it sent to the post office - I still don't know why that mattered, but it did :-S. And nothing else did matter - she didn't need to see any of the other documents I had with me. But of course, if I hadn't had them...
She took my fingerprints and my picture, and printed out my new cédula information for me to verify. Interesting to me was that the date of my new permanent residency NOW says mid-March! My comprobante (residency package accepted) was dated early May, and my resolution said mid-August, but they changed the residency date to match Rick's. Also, my cédula is good for 2 years, and expires at the same time as Rick's - very nice! This to me is just one more clue that the two residencies are *not* in fact separate.
One other item on the printout was whether to be an organ donor or not - I asked her to change it to yes.
By 10:15, I had a receipt (with picture) for my new cédula, and a date (October 4) when I could pick it up at immigration. However, it turns out that now you can get the ID in ONE WEEK if you opt to have it sent to your nearest post office. Hmmm. Going to Immigration is easy for me, but I'm feeling impatient! I paid the c2,600, and plan to pick it up on my way home from school :-).
Just in time - tomorrow, my old cédula expires :-S
So, I paid the cédula fee (currently $123) and the rest of the legal fees, and my lawyer called for an appointment. Once upon a time, this took months (I'm not kidding! Our very first appointment for our very first cédula was FIVE months after our residency was approved.). This time? Less than a week! My appointment with immigration was Monday morning - 2 1/2 business days after being notified of the approval. (I'm wondering how many times I can get away with saying "approved" in one post...)
This morning, I hustled over to ARCR, met my lawyer's aide, and checked over my documents:
- latest orden patronal showing that I have joined the Caja (the national health system)
- my passport(s), boarding passes, exit tax receipts
- my old cédula
Waiting in the wings, just in case, I also have:
- hoja de delincuencia (a Costa Rican police report, showing I have been a good girl)
- USA embassy registration (proving that the USA knows where I am)
- Caja carnet
- bank letter, showing that Rick's family (that's me) has converted the required amount of money in the last year as rentistas
- marriage certificate ('cause *everyone* wants to see this)
- copy of Rick's cédula
Then we went over to La Migra (immigration), in time for my 9:15 appointment. As usual, we expect to spend up to 3 hours waiting for my turn.
I had brought a book, but quickly realized that I would be too anxious to read - I had to listen for my name (no numbers or moving-chair line), and that is problematical here. Will it be "Julie Hill?" or "Hoolia Eejh?" Turned out it was "Julie Kris Hill" whaddaya know, almost right - I heard it the first time, as did the aide :-). And it only took about an hour of waiting, most of it sitting!
We both went to the desk, where the immigration official asked to see my resolution (the piece of paper that says my residency was approved), receipt showing I had paid the fee, and then my cédula. Then she asked if I had picked up my old cédula at immigration, or had I had it sent to the post office - I still don't know why that mattered, but it did :-S. And nothing else did matter - she didn't need to see any of the other documents I had with me. But of course, if I hadn't had them...
She took my fingerprints and my picture, and printed out my new cédula information for me to verify. Interesting to me was that the date of my new permanent residency NOW says mid-March! My comprobante (residency package accepted) was dated early May, and my resolution said mid-August, but they changed the residency date to match Rick's. Also, my cédula is good for 2 years, and expires at the same time as Rick's - very nice! This to me is just one more clue that the two residencies are *not* in fact separate.
One other item on the printout was whether to be an organ donor or not - I asked her to change it to yes.
By 10:15, I had a receipt (with picture) for my new cédula, and a date (October 4) when I could pick it up at immigration. However, it turns out that now you can get the ID in ONE WEEK if you opt to have it sent to your nearest post office. Hmmm. Going to Immigration is easy for me, but I'm feeling impatient! I paid the c2,600, and plan to pick it up on my way home from school :-).
Just in time - tomorrow, my old cédula expires :-S
Wednesday, September 1, 2010
Permanent - Los Dos!
It was surreal! Today, 11 months, 3 weeks, and 4 days after applying, I got *the* phone call! My application for permanent residency was approved!
Within the hour, we were headed out to our lawyers to get things lined up. I paid the various fees (second half of legal fees, plus cédula fee), got a copy of my approval letter (to carry around until I get my new cédula), and gave the go-ahead for my lawyer to get my cédula appointment. By the time the rain got serious, we were on our way back home - and the news still hadn't really sunk in...
But now it has (yay! little happy dance going on here)!
There are still so many things about this process that are hard to understand and accept. Rick and I started out as rentistas - the law that covers us ties us together as a family. Rick was the primary, so everything was in his name. When we applied for a change of status, to permanent, the two applications were split, and treated separately. This was in early September of 2009.
Rick got his permanent residency in March, and was notified in April. At that same time, immigration said they wanted another copy of my cédula. I still don't know why, or why it took them until April to know they needed it. My letter from immigration accepting my package was now dated early *May!* I don't know if there was even an earlier one - I just never worried about getting a copy of the letter until later, when my cédula was in danger of expiring. (FYI - if your cédula has expired, or you don't have one yet, then this letter from immigration means you are "in process" and they won't kick you out of the country. So it's important.)
Meanwhile, I'm starting to become a very squeaky wheel. I'm calling my lawyer almost every week. The story is always the same - immigration said check back in 2 weeks, or sometimes 3 weeks. (We had started the squeaks in January, but limited them to every 4-6 weeks.)
Finally, immigration said to check back in early August. Yikes! My cédula was set to expire in September! When the August date came and went, and there was no good news, I tried to get my cédula renewed. HAH! When that didn't work, panic went into overdrive. We made it through the weekend, then called and got an appointment with the experts for a little hand-holding.
Here are some odd tidbits:
- Because Rick was the primary, all this time, all immigration looked at was his proof for continuing our residency. They (maybe) looked at his bank statement (converted enough dough) and his passport (time in country). Apparently, I could have stayed the entire time in the states, and it wouldn't have mattered. That wouldn't have been in the spirit of the law, but the way it was explained to me is that the laws here are tiered. Family trumps everything, and so if one family member is granted residency, and the other family member(s) didn't comply, then they can't split up the family - they all get residency.
- Since Rick was granted permanent residency, I could not be denied. WOW.
- Since BCR didn't renew my residency, my lawyer had to go through immigration to get a renewal appointment there. This is *not* a quick process! That request is still pending - and will get canceled now, thankfully.
- My lawyer was notified 20 days after my residency was approved. The astute reader will notice that that means my residency was approved on the 12th of August - one day *before* my BCR appointment to deny my renewal. It really makes me wonder sometimes...
There is another new-ish method going. For cédula appointments at immigration, the lawyer calls for an appointment, and generally gets it for the next day - which means I will get less than one day notice. Fortunately, I live nearby and have no commitments that I can't get out of if needed. I really feel for those folks who live far away tho.
Now - thinking about next week. May have a visit to immigration then...
:-D
Within the hour, we were headed out to our lawyers to get things lined up. I paid the various fees (second half of legal fees, plus cédula fee), got a copy of my approval letter (to carry around until I get my new cédula), and gave the go-ahead for my lawyer to get my cédula appointment. By the time the rain got serious, we were on our way back home - and the news still hadn't really sunk in...
But now it has (yay! little happy dance going on here)!
There are still so many things about this process that are hard to understand and accept. Rick and I started out as rentistas - the law that covers us ties us together as a family. Rick was the primary, so everything was in his name. When we applied for a change of status, to permanent, the two applications were split, and treated separately. This was in early September of 2009.
Rick got his permanent residency in March, and was notified in April. At that same time, immigration said they wanted another copy of my cédula. I still don't know why, or why it took them until April to know they needed it. My letter from immigration accepting my package was now dated early *May!* I don't know if there was even an earlier one - I just never worried about getting a copy of the letter until later, when my cédula was in danger of expiring. (FYI - if your cédula has expired, or you don't have one yet, then this letter from immigration means you are "in process" and they won't kick you out of the country. So it's important.)
Meanwhile, I'm starting to become a very squeaky wheel. I'm calling my lawyer almost every week. The story is always the same - immigration said check back in 2 weeks, or sometimes 3 weeks. (We had started the squeaks in January, but limited them to every 4-6 weeks.)
Finally, immigration said to check back in early August. Yikes! My cédula was set to expire in September! When the August date came and went, and there was no good news, I tried to get my cédula renewed. HAH! When that didn't work, panic went into overdrive. We made it through the weekend, then called and got an appointment with the experts for a little hand-holding.
Here are some odd tidbits:
- Because Rick was the primary, all this time, all immigration looked at was his proof for continuing our residency. They (maybe) looked at his bank statement (converted enough dough) and his passport (time in country). Apparently, I could have stayed the entire time in the states, and it wouldn't have mattered. That wouldn't have been in the spirit of the law, but the way it was explained to me is that the laws here are tiered. Family trumps everything, and so if one family member is granted residency, and the other family member(s) didn't comply, then they can't split up the family - they all get residency.
- Since Rick was granted permanent residency, I could not be denied. WOW.
- Since BCR didn't renew my residency, my lawyer had to go through immigration to get a renewal appointment there. This is *not* a quick process! That request is still pending - and will get canceled now, thankfully.
- My lawyer was notified 20 days after my residency was approved. The astute reader will notice that that means my residency was approved on the 12th of August - one day *before* my BCR appointment to deny my renewal. It really makes me wonder sometimes...
There is another new-ish method going. For cédula appointments at immigration, the lawyer calls for an appointment, and generally gets it for the next day - which means I will get less than one day notice. Fortunately, I live nearby and have no commitments that I can't get out of if needed. I really feel for those folks who live far away tho.
Now - thinking about next week. May have a visit to immigration then...
:-D
Friday, August 13, 2010
Permanent Residency - Mission Impossible?
The Goal: Permanent Residency status in Costa Rica.
Likelihood of Success: Diminishing?
Background:
In 2006, several immigration law changes ago, Rick and I applied for and received "Rentista" residency in Costa Rica. Under this version of the law, which still applies to us, we deposited money in a Costa Rican bank, in an account in Rick's name. Each month, the bank transfers dollars from that account into an account in colones (also in Rick's name). This counts as our "income" in Costa Rica, and covers the entire family (that's me!) even though only Rick's name is on the account. This is what was required.
Each year, we have renewed our residency by getting a letter from the bank stating how much they converted from dollars to colones. This letter *always* states that this was done in Rick's account. Other items required for renewing have included passport stamps showing that we were in the country for at least 4 months each "residency year."
Since our residency was approved, there have been two new laws which have gone into effect: (a) in 2006, rentista status changed so that each person had to have their own account, (b) in 2010, rentista status changed back to covering the entire family (but the amount went way up).
In addition, there is now a requirement for (1) joining the health care system (known as Caja), (2) registering with your originating country's embassy, and (3) being able to prove that you have been a good boy/girl while in Costa Rica. This means additional paperwork when renewing:
- orden patronal (caja)
- print out of embassy registration
- "Hoja de delincuencia" (Costa Rican police report in your name)
What has not changed is that after three years of this type of residency, you can apply to become a "permanent" resident. This means several things - you no longer have to show proof of "income" (our bank account), you don't have to spend more than one day each year in Costa Rica (not that we want to limit it, it just gives us flexibility), and you can legally work (more flexibility).
So, last year, in September, Rick and I both applied to become Permanent Residents. In March, his application was approved. Mine is still in LIMBO!
My cédula (ID card that shows valid residency status) will expire in early September (as will my residency, unless it gets renewed or "permanent-ed"). Since my status is still in limbo, my lawyer said to get my cédula renewed. She also said that 95% of the time, people in my situation automatically get a permanent status with their renewal (they see that I am in process, and it has been a year, and so they just sort of approve it on the spot).
You can call for an appointment to renew in the month before your cédula expires (so, NOW). We did that - Rick, great guy that he is, did this for me while I was out having fun painting :-). We gathered all the supporting documents we needed, and went to our appointment.
Today:
We both go to the appointment at Banco Costa Rica (BCR), supposedly the only way now to renew cédulas, and reportedly much easier, faster, efficient, (name your superlative), etc. than going to the immigration office.
I have all the documents you could conceivably wish for:
- my old cédula
- Rick's cédula
- orden patronal (every single one of them, also all in Rick's name)
- Caja carnet (shows that I am covered under Rick's orden patronal)
- old and new passports, boarding passes, exit tax receipts (covering every single year of residency)
- embassy registry (yep, I'm "other traveler" here, under Rick's registration)
- bank letter (account in Rick's name)
- our marriage certificate ('cause, DUH! everything is in Rick's name!)
Well, so... the nice lady at BCR looks up on her cheat sheet for what kind of documents she needs to verify, and asks for my bank letter. Hmmm - she takes it to another person. She says that it needs to be in *my* name. We explain that that's not possible, and that our residency is under the old 2006 law. She talks to more people. She does stuff on her computer. She writes out a note, first in Spanish, then takes the time to translate into English. But the fact remains; the cheat sheet says the account has to be in my name, so that is what the nice note says. It makes no difference that we got our original residency that way, and no difference that we have renewed several times the same way. After an hour, we leave without a new cédula on the way. (And *forget* anything about *any* possibility of getting in on that "95% of people in your situation will just get permanent residency!" HAH!)
We're pretty stunned, but - onward! I called our lawyer, who was shocked at what happened at BCR. She said that obviously the person hadn't been adequately trained. She also said there was nothing to be done about that. sigh. But, she could (and will) write a letter of complaint to immigration about how long my application for permanent residency is taking. She has already pressed the "boss" at immigration about it, and explained that she is (by law) unable to talk directly to the person who is handling my case.
Next:
I still have a few weeks left on my valid cédula. So, between now and then, my lawyer will write that letter of complaint, she will check on my status with immigration again, and we'll hope that works - and works in time. If I get approved by my residency expiration date, I'll get an appointment right away for my new cédula. If not, well, I expect there will be stronger methods available. Fingers crossed that I won't be breaking new ground in finding out. But you know, I *have* been studying French...
Likelihood of Success: Diminishing?
Background:
In 2006, several immigration law changes ago, Rick and I applied for and received "Rentista" residency in Costa Rica. Under this version of the law, which still applies to us, we deposited money in a Costa Rican bank, in an account in Rick's name. Each month, the bank transfers dollars from that account into an account in colones (also in Rick's name). This counts as our "income" in Costa Rica, and covers the entire family (that's me!) even though only Rick's name is on the account. This is what was required.
Each year, we have renewed our residency by getting a letter from the bank stating how much they converted from dollars to colones. This letter *always* states that this was done in Rick's account. Other items required for renewing have included passport stamps showing that we were in the country for at least 4 months each "residency year."
Since our residency was approved, there have been two new laws which have gone into effect: (a) in 2006, rentista status changed so that each person had to have their own account, (b) in 2010, rentista status changed back to covering the entire family (but the amount went way up).
In addition, there is now a requirement for (1) joining the health care system (known as Caja), (2) registering with your originating country's embassy, and (3) being able to prove that you have been a good boy/girl while in Costa Rica. This means additional paperwork when renewing:
- orden patronal (caja)
- print out of embassy registration
- "Hoja de delincuencia" (Costa Rican police report in your name)
What has not changed is that after three years of this type of residency, you can apply to become a "permanent" resident. This means several things - you no longer have to show proof of "income" (our bank account), you don't have to spend more than one day each year in Costa Rica (not that we want to limit it, it just gives us flexibility), and you can legally work (more flexibility).
So, last year, in September, Rick and I both applied to become Permanent Residents. In March, his application was approved. Mine is still in LIMBO!
My cédula (ID card that shows valid residency status) will expire in early September (as will my residency, unless it gets renewed or "permanent-ed"). Since my status is still in limbo, my lawyer said to get my cédula renewed. She also said that 95% of the time, people in my situation automatically get a permanent status with their renewal (they see that I am in process, and it has been a year, and so they just sort of approve it on the spot).
You can call for an appointment to renew in the month before your cédula expires (so, NOW). We did that - Rick, great guy that he is, did this for me while I was out having fun painting :-). We gathered all the supporting documents we needed, and went to our appointment.
Today:
We both go to the appointment at Banco Costa Rica (BCR), supposedly the only way now to renew cédulas, and reportedly much easier, faster, efficient, (name your superlative), etc. than going to the immigration office.
I have all the documents you could conceivably wish for:
- my old cédula
- Rick's cédula
- orden patronal (every single one of them, also all in Rick's name)
- Caja carnet (shows that I am covered under Rick's orden patronal)
- old and new passports, boarding passes, exit tax receipts (covering every single year of residency)
- embassy registry (yep, I'm "other traveler" here, under Rick's registration)
- bank letter (account in Rick's name)
- our marriage certificate ('cause, DUH! everything is in Rick's name!)
Well, so... the nice lady at BCR looks up on her cheat sheet for what kind of documents she needs to verify, and asks for my bank letter. Hmmm - she takes it to another person. She says that it needs to be in *my* name. We explain that that's not possible, and that our residency is under the old 2006 law. She talks to more people. She does stuff on her computer. She writes out a note, first in Spanish, then takes the time to translate into English. But the fact remains; the cheat sheet says the account has to be in my name, so that is what the nice note says. It makes no difference that we got our original residency that way, and no difference that we have renewed several times the same way. After an hour, we leave without a new cédula on the way. (And *forget* anything about *any* possibility of getting in on that "95% of people in your situation will just get permanent residency!" HAH!)
We're pretty stunned, but - onward! I called our lawyer, who was shocked at what happened at BCR. She said that obviously the person hadn't been adequately trained. She also said there was nothing to be done about that. sigh. But, she could (and will) write a letter of complaint to immigration about how long my application for permanent residency is taking. She has already pressed the "boss" at immigration about it, and explained that she is (by law) unable to talk directly to the person who is handling my case.
Next:
I still have a few weeks left on my valid cédula. So, between now and then, my lawyer will write that letter of complaint, she will check on my status with immigration again, and we'll hope that works - and works in time. If I get approved by my residency expiration date, I'll get an appointment right away for my new cédula. If not, well, I expect there will be stronger methods available. Fingers crossed that I won't be breaking new ground in finding out. But you know, I *have* been studying French...
Friday, April 16, 2010
Permanent!
7 months, 1 week, and 2 days ago, Rick and I applied for permanent residency in Costa Rica. Today (!!!), Rick was notified that his was approved! He has actually been a "permanent resident" now for about a month :-) but the wheels of bureaucracy grind slowly.
Our very first question after absorbing the good news was "ummm, what about Julie?" Well, it turns out that even though we applied "together," they are really two separate residency requests. So, the packets go to different immigration employees - one might be faster than the other, or have a smaller pile, or one might have taken a longer vacation... Bottom line, Rick could legally work here now, but I still can't (sob).
I believe (I am telling myself this, anyway) that since Rick's has been ok'd for a month, that mine is probably approved too - we just haven't been notified about it yet.
Next step - get an appointment for Rick's new cédula, libre de condición!
Our very first question after absorbing the good news was "ummm, what about Julie?" Well, it turns out that even though we applied "together," they are really two separate residency requests. So, the packets go to different immigration employees - one might be faster than the other, or have a smaller pile, or one might have taken a longer vacation... Bottom line, Rick could legally work here now, but I still can't (sob).
I believe (I am telling myself this, anyway) that since Rick's has been ok'd for a month, that mine is probably approved too - we just haven't been notified about it yet.
Next step - get an appointment for Rick's new cédula, libre de condición!
Wednesday, February 18, 2009
Immigration - Year 2
What a lot of build-up for such an easy morning!
This morning we had our appointment with immigration to renew our cédulas, and it couldn't have gone any smoother.
The build-up:
The Appointment:
This morning we had our appointment with immigration to renew our cédulas, and it couldn't have gone any smoother.
The build-up:
- Last year, immigration was so backed up, they gave everyone amnesty on their residency renewals. That was our first year.
- This year, we went through ARCR. We called in September (the month our residency was approved) to get an appointment with immigration. This is when the officials check that we met all the requirements for maintaining our residency: stay in Costa Rica for a total of 122 days (or more) and convert $12,000 into colones - all within the calendar year (for us, that is September to September).
- It was clear that immigration was already beginning to back up again - just one month before, people were able to get appointments within a month. Our appointment was 4 months away. I kept watching others - by the time January rolled around, appointments were nearly a year away!
- Because our first year went unchecked, ARCR recommended that we bring our proof for both years.
- We anxiously kept our airline boarding passes and exit tax receipts as additional proof of the days we traveled. Our passports were our main proof, but these are not always sufficient.
- This year, we also had to renew our passports - this meant that our old passports had to come with us as well, since they had all the entry and exit stamps.
- The week before our appointment, we went to our bank to get a statement - our proof that we converted the proper amount of money. We got the form letter from ARCR, showing the dates that applied to us, walked it over to the bank, and the fellow typed it up, stamped, signed, and we're done! Well, almost... We double-checked the dates, and they were not exactly right. So, several more passes (our poor bank guy seemed to take it ok after a little initial embarrasment - just how *do* you avoid that?!?), we left with our proof.
- At ARCR, we made copies of our passport pages and bank letter, and paid our attorney fees and immigration fees.
- The day before our appointment, I got a bit nervous - did we need to do anything more? Were our papers ok? I called ARCR, and all was well (tranquila, Julie!).
The Appointment:
- The morning of our appointment, we took the bus to ARCR. Our immigration appointment was for 8:50, and our appointment at ARCR was for 8:00. We got there a bit early... While we waited, we had a nice chat with some of the other residents who also were renewing. We always seem to meet the nicest people!
- ARCR took care of paying the immigration fees and organizing the proof. We all piled in a couple of cars and went to the immigration office, where someone had been saving our places in line. And what a line! People were *everywhere!* We killed a little time sipping coffee in the cafe, chatted some more, then our "line-stander" came and got us. Talk about feeling a tad guilty - I felt like we just waltzed past all these dedicated people; like we had a great big blinking neon sign on our heads saying "we're special, we get to cut." I'm sure this sort of thing happens all the time, and people are used to it, but that didn't stop the twinge...
- For our renewal, we didn't even talk to an official. I thought for sure we'd have to point out the dates, maybe even show our back-up stuff (those ticket stubs, you know). But noooo! All we did was go to the desk with the camera and fingerprint machine. I'm guessing (but who knows?) that ARCR handled all the discussions with the officials - they *must* have looked at our carefully prepared proof, right?!?
- We got our pictures and prints taken, signed the forms, and got our temporary cédulas. This is a piece of paper with my picture and information, stamped and signed by the official.
- We got an appointment to pick up our "real" cédulas. On or after March 16, we can go to a different window at immigration, get them, and we're done! We could also have arranged for them to be sent to our local post office. But then we would have to pick them up within a week of their arrival there. We prefer the flexibility of picking them up at the immigration office.
- Immigration has just now implemented a new policy (probably because of the increasingly long back-up, but I'm not going to question it) - we paid an extra c11,500 and got an automatic extension on our cédulas! Yipee! Our cédulas are good for an extra year! Fortunately, we had the extra cash on us (and still some left for the bus ride home) :-D.
- Speaking of buses, we caught a new one! There is a green bus that goes to immigration from either downtown San José (just North and West of Fischel and Banco National on the pedestrian boulevard) or from Paséo Colón (this one says "pista"). It is c185. We caught the "pista" bus to Paséo Colón, then switched to the Periférica - we were home by 11:15 (but dog tired, since we had gotten up at 5:30)!
- When it is time to pick up our cédulas, the best time to go is between 11-2. This is when the line is at its shortest, but the window is still open.
Saturday, December 6, 2008
Still Moving…
After a lovely week of visiting family and finalizing our address changes, shopping, re-packing, and doing all those infinitely-added-to list of thing to do, we are ready (almost!) to fly to Costa Rica.
We got up at 4 a.m., and threw the last items in our bags. Then (arg!) we weighed the final bag – 54 pounds! 4 pounds over! We hurriedly decide we don’t really need that toiletry bag, this item can go in carry-on, and that shirt can pad the banjo. We now have 3 bags at 50 lbs, one at 70 lbs, 2 max-sized carry-ons, a banjo, another carry-on, and a medical equipment bag that doesn’t count. Plus, we have coats and an umbrella (these count either). Are we the ugly travellers now, or what!?
We leave by 5:15, and notice the temperature is 36 degrees – okay! Time to start thinking about warm Costa Rica!
We get to the San Francisco airport in good time – 3 hours almost to the minute. We unload the car and say goodbye to Mom and Brother. We still don’t know when we will return, so it was a bit more difficult this time.
Well! So we get to the counter – no line! But (BUT!) OMG… I could have *sworn* I read the website correctly, but it must have been wishful thinking – San Jose (Costa Rica) flights don’t allow *overweight* bags! This is now (barely) peak season, so only 2 checked bags each, and only 50 lbs each bag. ARG! We sort through the heavy bag, looking for small, heavy items – succeed in pulling out 20 pounds, and re-distribute in carry-ons. I cannot get my sling bag zipped. Too bad. It’s going. (oh, soooo ugly!)
In all this chaos, we now can’t find our baggies of liquids. At least the line in security is also not bad – we keep telling people they can go around us – they didn’t seem too PO’d. We finally find one baggy – we figured we must have left the other one at the house. We proceed. We have to:
- take off shoes
- take out 2 laptops
- take out the CPAP
- take out the DVD player. Yes, we brought it – padded with 4 pounds of clothes :-)
- take out the baggy of liquids
- go back through the beep-beep machine, empty pockets…
Then we get to do the reverse! People *really* love us now, and it’s only gonna get better.
So, we get to our gate, relax, get some juice and a bit of food. Rick starts to look for his pack of important papers, and *CAN’T FIND THEM* - we’ve now used up our quota of panic. We find the USA cell phone and Mom’s cell phone number – call. They pull off the road and look – they find. They are 50 minutes away, and our flight boards in just about that amount of time. So – plan B. We’ll deal with all this later…
Now we get to make more friends – carrying on all that *stuff!* Some anxiety later, we are safely ensconced in our seats, “stuff” stowed. This time we fly through Houston, Texas – never done it before. Houston is *lovely* from the air! Trees all over the place, river and delta gleaming in the sunlight. The airport has *got* to have the longest taxi distance in the world! But our connecting flight is not very far, and there is a food court in between. After a little more anxiety, we again get all our stuff stowed, and away we went!
Got into the San Jose airport with no problem, about 10:00 pm. Went through the resident’s line at immigration and showed our old passports with the residency stamp, our copy of our cedula renewal appointment, and my cedula. Rick’s cedula is in the “pack of important papers,” but all the other documents we had seemed to suffice. We got our entry stamps in our new passports, and we’re off to collect our many suitcases!
What a line! We had no problem finding suitcases, but had to wait for 2 carts for them. Then the line for customs was all the way to the back of the baggage claim area – I stopped looking at the time… The lovely customs lady came down the line collecting our customs papers, we got all our bags through the viewing machine, and rolled on – no one seemed to be checking any bags other than that. So, pretty smooth.
We got our taxi to Los Yoses ($30). I had looked into using Interbus – it was advertised as $7 each to San Jose, but we would only be allowed one bag each. (something for others to keep in mind tho – you just need to reserve it 72 hrs ahead). Our taxi driver knew right where the hotel was – thankfully, since I had emailed for directions, but not yet received them (they were in my inbox when I checked it the next day – from the hotel - LOL).
Got checked in, and conked out a bit after midnight (75 degrees)…
We got up at 4 a.m., and threw the last items in our bags. Then (arg!) we weighed the final bag – 54 pounds! 4 pounds over! We hurriedly decide we don’t really need that toiletry bag, this item can go in carry-on, and that shirt can pad the banjo. We now have 3 bags at 50 lbs, one at 70 lbs, 2 max-sized carry-ons, a banjo, another carry-on, and a medical equipment bag that doesn’t count. Plus, we have coats and an umbrella (these count either). Are we the ugly travellers now, or what!?
We leave by 5:15, and notice the temperature is 36 degrees – okay! Time to start thinking about warm Costa Rica!
We get to the San Francisco airport in good time – 3 hours almost to the minute. We unload the car and say goodbye to Mom and Brother. We still don’t know when we will return, so it was a bit more difficult this time.
Well! So we get to the counter – no line! But (BUT!) OMG… I could have *sworn* I read the website correctly, but it must have been wishful thinking – San Jose (Costa Rica) flights don’t allow *overweight* bags! This is now (barely) peak season, so only 2 checked bags each, and only 50 lbs each bag. ARG! We sort through the heavy bag, looking for small, heavy items – succeed in pulling out 20 pounds, and re-distribute in carry-ons. I cannot get my sling bag zipped. Too bad. It’s going. (oh, soooo ugly!)
In all this chaos, we now can’t find our baggies of liquids. At least the line in security is also not bad – we keep telling people they can go around us – they didn’t seem too PO’d. We finally find one baggy – we figured we must have left the other one at the house. We proceed. We have to:
- take off shoes
- take out 2 laptops
- take out the CPAP
- take out the DVD player. Yes, we brought it – padded with 4 pounds of clothes :-)
- take out the baggy of liquids
- go back through the beep-beep machine, empty pockets…
Then we get to do the reverse! People *really* love us now, and it’s only gonna get better.
So, we get to our gate, relax, get some juice and a bit of food. Rick starts to look for his pack of important papers, and *CAN’T FIND THEM* - we’ve now used up our quota of panic. We find the USA cell phone and Mom’s cell phone number – call. They pull off the road and look – they find. They are 50 minutes away, and our flight boards in just about that amount of time. So – plan B. We’ll deal with all this later…
Now we get to make more friends – carrying on all that *stuff!* Some anxiety later, we are safely ensconced in our seats, “stuff” stowed. This time we fly through Houston, Texas – never done it before. Houston is *lovely* from the air! Trees all over the place, river and delta gleaming in the sunlight. The airport has *got* to have the longest taxi distance in the world! But our connecting flight is not very far, and there is a food court in between. After a little more anxiety, we again get all our stuff stowed, and away we went!
Got into the San Jose airport with no problem, about 10:00 pm. Went through the resident’s line at immigration and showed our old passports with the residency stamp, our copy of our cedula renewal appointment, and my cedula. Rick’s cedula is in the “pack of important papers,” but all the other documents we had seemed to suffice. We got our entry stamps in our new passports, and we’re off to collect our many suitcases!
What a line! We had no problem finding suitcases, but had to wait for 2 carts for them. Then the line for customs was all the way to the back of the baggage claim area – I stopped looking at the time… The lovely customs lady came down the line collecting our customs papers, we got all our bags through the viewing machine, and rolled on – no one seemed to be checking any bags other than that. So, pretty smooth.
We got our taxi to Los Yoses ($30). I had looked into using Interbus – it was advertised as $7 each to San Jose, but we would only be allowed one bag each. (something for others to keep in mind tho – you just need to reserve it 72 hrs ahead). Our taxi driver knew right where the hotel was – thankfully, since I had emailed for directions, but not yet received them (they were in my inbox when I checked it the next day – from the hotel - LOL).
Got checked in, and conked out a bit after midnight (75 degrees)…
Friday, October 3, 2008
High Anxiety
High Anxiety - no, not the movie :D
Just life lately...
Perhaps it's because this is the longest we've been away from Costa Rica. Maybe life in the states is starting to overcome our "tranquilo" gained in Costa Rica. Who knows?
In our quest to return, we've had change after change after change. We first thought we *had* to be back in September. This is the month that our residency expires, and we thought we had to renew then. So, all our plans revolved around that requirement. We had to figure out how to renew my driver's license - no problem, just change my address. But we also had to solve how we were going to vote - BIG problem - leaving too early for "early voting" and no knowledge about voting from abroad. Turns out you can vote from abroad fairly easily for the federal ballot; still not sure how (or if) you can vote in state elections.
But, as the month drew near, and we started to find out more about the changing laws, we discovered that no, we in fact did not have to be there in that month. Instead, we had to *call* in that month to get an appointment for renewing our residency.
So, on to our next change. We had heard that appointments were taking one or two months from the time people called. Therefore, we expected something in November (give or take). Well, this solved the license and voting problems, but added a few others.
By this time, our passports had gotten a bit close to the expiration date, and so we sent them off to get renewed (I know, I can hear the teeth-sucking all the way from here). So we enlist the help of ARCR - great group, highly recommended. They tell us all about what we need to have ready for renewal - including (guess what) our passports! Unngggh. All we could say was that we expect them back by November. Well, so they put off getting an appointment, we get anxious because we *know* we need to call *in* September (and September is running out). But then (whew) Rick's passport comes. His new one. Not his old one - the one with all our entry/exit stamps - the one that proves we met our residency requirement. PANIC! Deep breath. Read the insert that says the old one will come separately. Wait on pins and needles. We got the old one in a couple more days. Whew! So now we ask if we could get the appointment - Rick has his passport, and mine should be coming any day now (after all, they were mailed only a couple of days apart). Well, ok - we got an appointment. BUT. It is *not* in November! It is in *February!*
Recalibrate.
Just life lately...
Perhaps it's because this is the longest we've been away from Costa Rica. Maybe life in the states is starting to overcome our "tranquilo" gained in Costa Rica. Who knows?
In our quest to return, we've had change after change after change. We first thought we *had* to be back in September. This is the month that our residency expires, and we thought we had to renew then. So, all our plans revolved around that requirement. We had to figure out how to renew my driver's license - no problem, just change my address. But we also had to solve how we were going to vote - BIG problem - leaving too early for "early voting" and no knowledge about voting from abroad. Turns out you can vote from abroad fairly easily for the federal ballot; still not sure how (or if) you can vote in state elections.
But, as the month drew near, and we started to find out more about the changing laws, we discovered that no, we in fact did not have to be there in that month. Instead, we had to *call* in that month to get an appointment for renewing our residency.
So, on to our next change. We had heard that appointments were taking one or two months from the time people called. Therefore, we expected something in November (give or take). Well, this solved the license and voting problems, but added a few others.
By this time, our passports had gotten a bit close to the expiration date, and so we sent them off to get renewed (I know, I can hear the teeth-sucking all the way from here). So we enlist the help of ARCR - great group, highly recommended. They tell us all about what we need to have ready for renewal - including (guess what) our passports! Unngggh. All we could say was that we expect them back by November. Well, so they put off getting an appointment, we get anxious because we *know* we need to call *in* September (and September is running out). But then (whew) Rick's passport comes. His new one. Not his old one - the one with all our entry/exit stamps - the one that proves we met our residency requirement. PANIC! Deep breath. Read the insert that says the old one will come separately. Wait on pins and needles. We got the old one in a couple more days. Whew! So now we ask if we could get the appointment - Rick has his passport, and mine should be coming any day now (after all, they were mailed only a couple of days apart). Well, ok - we got an appointment. BUT. It is *not* in November! It is in *February!*
Recalibrate.
Wednesday, December 12, 2007
Miscellaneous Drama
Some drama:
We originally scheduled our fingerprint trip in early July, then changed it to late May because the Interpol report would take too long – we risked missing the August deadline.
At the police station, they took down identifying information, including height and weight. Hmmm - *not* in feet/inches and pounds – imagine that! Fortunately, they had a height pole, but no scale.
We planned a trip in December, hoping that we could pick up our Cédulas then. We found out later that (a) no appointments were available until February, and (b) we had to pick up the Cédulas within 6 months of gaining residency status.
It took us maybe and hour or two to get our account set up into a laddered CD system and get a letter from the bank for immigration. The confusing part was the timing. We need to have a bank letter stating that we have 5 years of income. We thought it had to cover the 5 years of residency, which doesn’t start until we are approved. But the bank had to set it up for starting now. That was a little confusing and scary, so we had the bank call ARCR just to make sure. Sure enough – all is well.
We were told that our Cédula appointment was for February 12; we made our trip plans and plane reservations. Then we asked who we would meet, and where – oops! No, our appointment is on the 19th! Another change of plans.
Our original attempt (May 2006) to set up the CDs failed – but by the time we heard there was a problem, we were already back in the USA. We were assured we could fix it when we returned – we could do nothing long-distance, not even by fax or courier. By the time we returned to Costa Rica (December 2006), 6 months had elapsed, and our bank accounts had been deactivated. We had some few moments of concern... It took 2 days, another letter of introduction, and a couple of dollars to fix, but all is well now. (ok - that sounds like I am talking about a bribe - but no! It literally took a couple of dollars - deposited in our accounts - to reactivate them)
When we were notified in October that we were legal residents, we thought October was the start of our residency year. We didn't think to ask what the exact approval date was. When we picked up our Cédulas, we found out that it was *much* earlier. That meant that we needed to move approximately 6 weeks earlier than we had planned. Well, that simply did not leave us with enough time to accomplish everything – yikes! So, on to plan B. We will make an extended trip to Costa Rica to meet the 122 day requirement, return to California, do what we need to do, *then* move.
The Cédula Appointment
2/19/07 (Monday)
We get our Cédulas today!
6:45 am - out the door and to the bus to San Jose - what a long line!
7:50 - at ARCR, ready for our appointment with immigration. Sindy (our lawyer) takes a bunch of us over; on the way, she tells us it could take anywhere from 2 to 6 hours, depending on how long it takes to find our files. She has had an assistant holding our place in line, so it isn't long before we get our files checked and in the system. Then on to get our pictures and fingerprints taken for our cards. After a few more "waits" we have our Cédulas! Sindy has gone back to ARCR for another batch of new residents, and none of us can remember how to get back. We pile in the car, and drive around San Jose for a half an hour before finally finding our way back - I'm navigating (back-seat driving?), with a compass and a map.
11:15 - we're finally eating breakfast/lunch! We'd had no chance to eat before now, so we're a bit cranky.
March 20, 2007 - Costa Rican Residency
A lot has happened in the last month and a half!
Rick and I went back to
So, first – our Residency!
It all started last year when we decided to live in
We collected our documents (birth certificates, marriage certificate, and police reports), got them notarized, certified by the secretary of state, and consularized. This involved a few mini-adventures. I had a certified birth certificate because of work, so I thought I was ahead of the game – turned out that it was too old (the secretary of state couldn't certify that it was valid - after 20 years...). Since we found this out while in
Next, we arranged for a wire transfer from our bank here to what would be our new bank in
Then, another trip to
The important thing for us was to get everything to immigration before August 12, 2006 – that was the date that the immigration law was to change. Missing that means doubling the money in the Costa Rican bank.
We were told the Interpol report could take 4-6 weeks. As it turned out, our request for residency got into immigration by the end of June – plenty of time!
In September, ARCR told us they needed to send the documents to the consulate in the
By mid-October, we were notified that our residency was approved! Now we need to make sure we maintain the residency. This means that in each residency year, we have to be able to show that we were in the country for 122 days or more, and that we converted the prescribed number of dollars to colones. The bank will produce a report we can use, and our passport stamps will show our time-in-country. We are also advised to keep our tickets/boarding passes as backup documentation.
Next! Make sure we spend enough time in
Now we need to pick up the Cédulas. In November, we send a check for the rest of the fee to ARCR, and they get an appointment for us with immigration in February 2007.
Next entry - The Cédulas appointment.
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