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COSTA RICA: Immigration Clarifies Work Authorization and Travel Rules During Digital Enrollment Process

Costa Rican immigration authorities have issued clarification on how foreign nationals may work and travel while their legal stay applications are being processed through the Trámite Ya digital platform for Registered Companies. The guidance explains that once an enrollment application is submitted, the foreign national’s legal stay period and validity of foreign-issued documents are considered suspended while the Directorate reviews the case. However, during this interim period, eligible applicants may begin working legally for the specific employer named in the application under a regulatory exception allowing employment during regularization procedures. The clarification also addresses travel rules, confirming that applicants may leave and re-enter Costa Rica while their application is pending, but each re-entry must be made under tourist status unless and until formal immigration approval is granted.

Key  Points

• Application Submission Status: Submission of the enrollment application through Trámite Ya is treated as the start of the immigration regularization process. During this phase, the applicant’s legal stay status and validity of foreign-issued documents are temporarily suspended while processing occurs. 
• Work Authorization Exception: Although applicants are typically restricted under non-resident status, an exception allows them to work for the employer listed in the application while their immigration status is being reviewed. This exception is grounded in amendments to migration regulations permitting employment during regularization. 
• Employer-Specific Employment Only: Authorized work is strictly limited to the company identified in the application. Applicants are not permitted to work for any other employer during the review period, ensuring compliance with the conditions of the filing. 
• Legal Basis for Processing Rules: The framework is established under Resolution DJUR-0180-10-2021-JM and amendments to Article 187 of the Migration Control Regulations (Executive Decree No. 36769-G). These rules define both suspension of status and limited employment authorization during processing.

What Employers Need to Know

• Conditional Hiring Allowed: Employers registered under the relevant program may legally employ foreign nationals once the enrollment application is submitted. This provides a narrow but important window for onboarding talent during the immigration process. 
• Strict Employer Linkage Requirement: Employment authorization is tied exclusively to the employer named in the immigration application. Hiring outside that scope would violate immigration conditions and could jeopardize compliance status. 
• Documentation Status Is in Flux: While applicants may begin working, their legal stay documentation is considered suspended during processing. Employers should be aware that this is a provisional status rather than a finalized immigration approval. 
• Regulatory Compliance Is Critical: The ability to employ applicants depends on strict adherence to Costa Rica’s migration regulations and procedural guidelines. Employers must ensure all hiring aligns with the formal Trámite Ya enrollment process.

Looking Ahead

• Continued Use of Digital Processing Systems: The Trámite Ya platform reflects a broader shift toward digitized immigration processing, which may expand further as Costa Rica modernizes its immigration system. 
• Potential for Expanded Work Flexibility: Future regulatory adjustments could further clarify or broaden work permissions during application processing, depending on administrative efficiency and labor market needs. 
• Increased Scrutiny of Compliance: As these interim work permissions become more widely used, authorities may increase oversight to ensure employers and applicants remain within strict legal boundaries. 
• Clarification of Travel and Re-Entry Rules: Ongoing refinement of entry and exit procedures may emerge as more applicants use this process, particularly regarding how tourist re-entry interacts with pending applications.

Costa Rica’s immigration guidance confirms that foreign nationals applying through the Trámite Ya system may begin working for their designated employer once the enrollment application is submitted, even while their case is under review. At the same time, their legal status is considered suspended during processing, and any travel requires re-entry under tourist conditions until final approval is granted. Overall, the framework balances limited employment flexibility with strict procedural controls, reflecting a structured but cautious approach to immigration regularization.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.