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Tuesday 09 September 2008, San José, Costa Rica 

Marriages of Convenience At An End in Costa Rica
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Costa Rica and Nicaragua Hold 7th Bilateral Meeting
Hiring Expectations In Costa Rica With A Positive Outlook
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Marriages of Convenience At An End in Costa Rica
The Sala Constitucional or Sala IV as it is often referred to, has given the immigration service the tools to put a stop to marriages of conveniences and the lucrative business surrounding it during the last several years, where in some cases, foreigners have reported paying up to us$10.000 to marry a Costa Rican.

The Constitutional court decision is clear that the Dirección de Migración y Extranjería can scrutinize applications for residency based on the families ties provisions.

The director de Migración, Mario Zamora, said that the immigration service now has, based on the court ruling, the legal basis to demand that applicants for residency based on a marriage to a Costa Rican, proven that the marriage is real and can refuse residency if otherwise.

The court ruling also puts an end to lawyers charging high fees to arrange such marriages of conveniences.

Marriages of conveniences, that is a marriage where a foreigner legally marries a Costa Rican national based on a business arrangement, in most cases, the two parties to the marriage never meeting each other, solely for the purpose of obtaining legal residency in the country.

A loophole in the legislation left the immigration service with their hands tied in the face of a residency application based on such marriage, clearly evident that the couple had no ties to each other whatsoever.

Reports of foreigners contracting nuptials to a person who they had never met, and would never meet, to obtain residency were common, starting with a contact with a lawyer or notary public, who recruited Costa Ricans on the lower end of the economic scale, to provide their "cedula" (identification) for as little as ¢10.000 colones.

Marriages in Costa Rica are as simple as signing on the dotted line at the lawyers of notary's office and the document registered with the Registro Civil (Civil registry).

Once the document is filed, the foreigner could then apply for residency with the immigration service, which by law was impeded to investigate the marriage, even if the signs are clear that it is a marriage of convenience.

Zamora added that a network of lawyers and notaries was operating freely and openly providing foreigners the service.

The immigration director called the Sala IV decision a "historic" decision.

 
 

 

 

 

 
 

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