Non-refoulement
This is the fundamental right of all refugees and asylum-seekers. You cannot be deported or sent back to a country in which your life or freedom may be in danger on account of your race, religion, nationality, membership in a particular social group or political opinion. Even if you enter the country without a visa or entry permit, you cannot be deported until your refugee application has received a due process of analysis.
Non penalization
The authorities cannot detain or penalize you for entering Costa Rica without an entry visa if you are arriving from a country where your life or freedom may be in danger.
Protection and asylum
According to the Universal Declaration of Human Rights, any person whose life is in danger in their own country has the right to seek protection and asylum in another country.
Official identity
The Costa Rican government is required to issue you an identification document in order to authorize your stay in the country. Every person, regardless of age, must be documented. Those who are seeking asylum, as well as refugees, will receive a document that legalizes their stay in Costa Rica.
Non-discrimination
We all have the right to live in an environment free from discrimination, regardless of ethnicity, color, sex, language, religion, political opinion, nationality, economic position, birthplace or any other personal attribute.
Access to banking services
Refugees and asylum-seekers have the same rights to public and private banking services as any Costa Rican. In other words, you can open a bank account, transfer funds and access all other banking services.
You might find that some banks are unaware of this. For this reason, the Migration Office has distributed a letter to the banks that lists all the different types of identification documents that are officially recognized by the National Banking System. This letter is available at: www.migracion.go.cr
If you do encounter a problem when trying to access national banking services, you can request advice and assistance from the UNHCR or ACAI offices.
Family unity
Refugee status recognizes the nuclear family and other dependent relatives up to the second degree of blood or family relationship.
If you are a refugee that has been officially recognized by the Costa Rican government, you have the right to bring the rest of your family to Costa Rica.
What is family reunification?
Family reunification is a way to maintain family unity in cases where the relatives of the refugee are living outside of Costa Rica.
Which family members can be brought to the country under family reunification?
• Spouse.
• Children under 18 years of age.
• Unmarried children up to 25 years of age who can prove that they still depend financially on their family and are still studying.
• Siblings under 18 years of age and unmarried siblings up to 25 years of age who prove they are still financially dependent and studying.
• Biological parents and in-laws over 60 years of age who are financially dependent on their family.
• Other minors whose financial dependency can be proven.
What procedure must be followed if you want to reunite with a family member?
You should submit your application to the Refugee Services Department in the Central Migration Office. You must include the following documents:
• A written request for reunification.
• A photocopy of your current refugee card.
• A completed paternity form issued by the General Directorate.
• Two passport-size photos.
• You must prove that you have the economic means to support yourself and the family members that you wish to bring to the country (for example, by showing that you have a regular income).
• A birth or marriage certificate of the applicant that has been legalized, certified or stamped with an apostille (depending on the case). This document must prove the relationship that you have with this family member.
• A photocopy of every page of the applicant's passport.
• A document showing the applicant's criminal record from their country of origin. This document must be legalized, certified or stamped with an apostille.
• A document showing the applicant's criminal record in Costa Rica.
• In the case of dependent parents under the age of 60 you must also, aside from the previously stated requirements, prove that they are in fact dependent on you.
• Dependent children between 18 and 25 years of age that wish to study in Costa Rica must, aside from the previously stated requirements, prove that they are dependent on you and show a certification of studies from their country of origin.
The Visa and Refugee Commission will assess all submitted documents and will inform you of whether your application has been successful or not. You have the right to appeal the decision if your application is denied.
What happens when your relative arrives in the country?
If your application is approved and your relative travels to Costa Rica, you must immediately apply for an extension of your refugee status. This is so that your refugee status can serve to protect your family member. If you do not complete this process, the legality of your relative's residence in Costa Rica could be at risk.
How can UNHCR support you in this process?
Through its partners, such as ACAI, UNHCR can offer you legal assistance so that you fully understand the steps that need to be taken in the family reunification and refugee status extension processes.
There is also a way in which the UNHCR can help with the travel arrangements of your family member. However, the process can be quite lengthy. You can find more information by requesting a consultation with ACAI or UNHCR.
What happens if you want your relatives to visit you in Costa Rica, but only temporarily?
In this case you should find out if the visitors need a tourist visa to enter Costa Rica. They should, in turn, follow the correct procedure as stated by the Costa Rican consulate. You can find more information about tourist visa applications here: http://www.migracion.go.cr
Health
As a refugee, you have the same right to access the Costa Rican Social Security Fund as any citizen. To do this you must be a member of the fund (known in Spanish as la Caja or the CCSS). As a member, you have the right to receive free medical care at any institution (EBAIS, Hospitals, Clinics, etc.). If you are not covered, and you need emergency medical treatment you still have the right to health care, but you will be charged later for any service you receive.
If you are not covered by medical insurance and you want to access Costa Rican health care services, then you must pay the fee beforehand.
What types of insurance are there?
• Paid employee insurance: If you work for a company or employer, they have the obligation to insure you.
• Self-employed insurance: If you work for yourself, you must pay contributions to the Costa Rican Social Security fund.
• Volunteer insurance: For those who do not work for an employer or for themselves, such as housewives or students.
• Family insurance: Your insurance can cover your dependent family members, such as your husband or wife, children under 18, children in school between the ages of 18-25, or elderly parents.
• State insurance: For those who can prove that they are living in extreme poverty.
Find out more information about the Costa Rican Social Security Fund at:
www.ccss.sa.cr
What must you bring in order to receive medical attention from the Costa Rican Social Security Fund?
To receive medical attention from the CCSS you must bring your identification document, your insurance card and your social security employer’s slip (orden patronal, issued by the CCSS) from the previous month.
How do children and pregnant woman receive treatment?
All children and all pregnant women (from the moment they become pregnant through the first three months of breastfeeding) have the right to access all public health services, regardless of whether they are members of the CCSS or not.
How can UNHCR support you in receiving emergency medical treatment?
If you find yourself in a medical emergency and you are not able to insure yourself with the CCSS, UNHCR, through ACAI, can consider the possibility of offering you temporary health insurance. To find out more, you can request an appointment with the social work department of ACAI. However, this measure is only taken in exceptional circumstances.
Employment
All refugees have the right to work in Costa Rica. You can perform any type of work for pay or profit by your own account or as an employee of an organization or company. The right to work is indicated in the document that you carry, which states that you have “free status.”
If you are applying for refugee status and three months or more have already passed since you started your application with the Immigration Office, you can apply for a work permit before the Refugee Sub-process. This is a simple and free procedure. You are only authorized to work in the country for the length of time indicated in your Interim applicant’s document. Both the Interim applicant’s document and the work permit will grant you the right to perform any type of work or be self-employed.
If you are a refugee or an asylum-seeker with a work permit, you have the same employment rights as any Costa Rican citizen. If you work with an employer you are entitled to:
• Be treated by your employer and colleagues with respect. An employer never has the right to take away your identification documents (passport or refugee/refugee applicant identification), nor order your deportation.
• Be paid a minimum wage. The minimum wage is set by the Minimum Wages Act: the amount varies periodically depending on labor activity. Find out the minimum wage that you should receive in the Ministry of Labor and Social Security.
• Be paid the Christmas bonus. This is a type of “additional wage” that should be paid to all employees, regardless of their activity, within the first twenty days of December each year. The bonus is one-twelfth of all wages that have been paid during the year.
• Work a fair day’s work. In Costa Rica, the regular workday is 8 hours per day, there are overtime hours (day or night) that can be more or fewer hours. In any case, the maximum hours that your employer can require you to work is 12 hours per day (making the ordinary workday into overtime). Every employee is allowed at least one day off per week.
• A two-week vacation for every fifty weeks of continuous work, regardless of the type of schedule you work. The law does not provide for vacation before the fifty weeks of work, but if your contract ends before this period, the employer shall pay you for the vacation days you have accumulated so far.
• The right to be insured by your employer with the Costa Rican Social Security Fund (CCSS) and to be given a working risk policy.
• The right to resign from work whenever you want. If you have been working for more than three months, you should give notice of your resignation with 15 days’ notice; if you have been working for more than a year, you should give notice 30 days before leaving your work (this is called the period of notice).
• Your employer also has the right to put an end to the labor agreement when deemed appropriate, whether for a justified or unjustified cause. If there is a fair reason for dismissal (for example, if you do not complete your duties), your boss does not have to pay you benefits (notice and severance pay); but if the dismissal is not fairly justified, you have the right to receive the respective benefits.
What happens if you are working and become pregnant?
If you are a woman and become pregnant, it is your duty to report this to your employer. During your pregnancy and while you are taking maternity leave, your employer cannot fire you (unless there are serious faults or breaches). Maternity leave is the permission you have to be absent from work, receiving your entire wages, during the last month of pregnancy and the three months after giving birth.
You also have the right to a lactation period, which is the period of time in which you have the right to breastfeed your baby. The three months of maternity leave granted after giving birth are considered to be the minimum lactation period. This period may be extended if your doctor recommends it through a medical report (for the time indicated). During this lactation period, you have the right to be granted 15 minutes every three hours, half an hour twice a day, or one continuous hour at the beginning or the end of the work day, to breastfeed your baby.
Can minors work in Costa Rica?
In Costa Rica, people are authorized to work only after turning 15 years of age. Teenagers have the same rights as any worker. For a teenager older than 15 years to be allowed to work, the following criteria must be respected:
• Whoever hires the teenager must grant the time necessary to study and to attend the educational system regularly.
• The workday is at maximum 6 hours per day and 36 hours per week. Despite having a shorter workday, teenagers should receive at least the minimum wage.
• They cannot work after 10 P.M.
• The workplace cannot present any danger to the teenager.
What if I have not been insured with the Costa Rican Social Security Fund (CCSS) and they ask for my security number to hire me?
If a company wants to hire you and you have not been previously insured with the CCSS, the company is responsible for registering you to the CCSS. This is a simple and free procedure. They should not exclude you from the recruitment process for not having a social security card.
The company can process this application with the branch of CCSS where the form is available, or they can complete the application by email to calidad@ccss.sa.cr. The following documents must be presented:
• The application form stating the name of the employer, the employer’s business number (which contains the same identification number; legal or physical).
• Legible copy of your refugee/refugee applicant document.
Once these documents are presented, your employer will receive a request within three business days.
Where can you find more information about the employment rights in the country?
If you need guidance on your work rights and responsibilities, you can contact the Ministry of Labor and Social Security toll free at 800-TRABAJO. You can also request information from ACAI, RET, or the House of Rights in the Desamparados Canton.
Education
Like any Costa Rican citizen, you have the right to education. You have the right to access all levels of education, from preschool to university, and you have the right to apply for a grant or a scholarship if you need one.
Access to Preschool, Primary and Secondary Education
National and international regulations stipulate that every boy, girl, or teenager living in Costa Rica have the right and obligation to access public education, regardless of nationality or immigration status. This right is unconditional and cannot be restricted for any reason.
How to enroll your child in the public education system?
If a refugee or an asylum seeker minor is already a regular student of our educational system, the requirements for enrollment are the same as for any other Costa Rican student.
The only time refugees and applicants must meet specific requirements is when they are comming from abroad and enroll for the first time in the education system. You can enroll your child before May 30 without any restrictions. You can also enroll your child after that date, provided that the Academic Calendar in the country you are from is similar to the one in Cosa Rica.
Enrollment of a student who has not reached legal age (regardless of his or her nationality, country of origin, or immigration status) can be completed by the child's father, mother, or legal guardian. This process must be carried out at the Principal's office of the institution where your child will study (the education facility closest to your home).
You should present documentation proving your child’s residence, such as utility bills or a record issued by the District or Municipal Office. Additionally, in accordance with the grade or level in which your child will be enrolled, you must present the following required documentation:
• For preschool or primary school, you must present official supporting documentation, issued by the Civil Registry office or the equivalent official institution, which indicates the age of your son or daughter who will be enrolled. Where it is not possible to present an official document, you must file a Sworn Affidavit, made before a Public Notary.
• For the first grade of the First Course of Basic General Education, in addition to the documentation mentioned above, you must also submit the original copy and a photocopy of the Certificate of Attendence from the Transition Course, which is the equivalent of Preschool, if the child has taken that grade level.
• To enroll your child in primary or secondary education, you must present a notarized certification that states that the student has completed and passed the previous grade, with the corresponding syllabus and grades attached.
What happens if you cannot provide this documentation?
In many cases, refugees are unable to provide the certified documentation required for the registration process. Given that access to preschool and education in general is an unconditional right in Costa Rica, the law provides the possibility for your child to take a placement test so that he or she can be enrolled. These tests are administered at the same educational facility where the child will be enrolled.
What other rights do underage refugees and applicants have when they are enrolled in the public education system?
As Costa Rican children, children who are refugees or asylum seekers are entitled to request support and benefits such as: school lunch and subsidies offered by institutions like FONABE (National Scholarship Fund) or the IMAS.
Children who are refugees or asylum seekers are also entitled to participate in the school’s political life and in other student initiatives.
Can adult refugees continue their primary or secondary studies in Costa Rica?
Absolutely! The Ministry of Public Education offers several options for adult education and for individuals who are considered overage for the grade level that they wish to study. Just as in the case of refugree children, if an adult refugee or asylum seeker does not have the documents to prove the last completed level of education, the school or high school where he or she plans to enroll can administer a placement test.
Where can you find support if you have problems or questions on the registration process for your child and on the benefits of the education system?
You can contact the Contraloría de Derechos Estudiantiles del Ministerio de Educación Pública (Student Rights Office Student Rights Office of the Ministry of Public Education). Tel: 22215432 or 22567011 Ext. 2300 / 2301 / 2302 / 2303 / 2304 / 2305 / 2391 / 2392 / 2393 / 2394 / 2395.
Also, if necessary you can contact the UNHCR, the RET or the ACAI.
Access to Technical Education
Can refugees and asylum seekers have access to technical education?
Yes. Refugees and asylum seekers are entitled to pursue an education at the National Apprenticeship Institute (INA) like any Costa Rican citizen. The formation and training services offered by the INA are free of charge. Individuals must meet the enrollment requirements. The INA has nine regional headquarters that provide coverage in the entire country through more than fifty training centers. It offers more than 1,780 technical programs and 8,300 training courses, which are offered in several formats to best accommodate your situation (in-person classes, online education, dual education, and distance learning).
You can get more information about the courses offered and the registration process at the INA at www.ina.ac.cr/. Or, you can also call 2210 6000 or send an email to informacion@ina.ac.cr.
Can I certify my technical knowledge in Costa Rica?
If you have any technical knowledge or skills that you learned in your country of origin, you can have your occupational skills certified by the INA, which will help you implement your knowledge in Costa Rica and promote your professional development. The Certification Service of the INA recognizes the knowledge, skills, and abilities that you have achieved regardless of how you have obtained them (either through training or practical experience). This service is completely free of charge.
To certify your occupation you must provide evidence to prove your knowledge. It is important to note that there is no minimum schooling level required to participate in this process. Additionally, the schedules for completing the tests are flexible and can be adapted to your availability.
There is a list of occupations open for certification. Check if your occupation is on that list at: www.ina.ac.cr/
You must meet the following basic requirements to certify your occupation:
• Be at least 15 years old.
• Have your refugee or asylum application document up-to-date.
• Have theoretical or practical knowledge of the activity that you would like to get certified (and demonstrate this knowledge through tests).
• Preferably, you should still be working in the area in which you would like to be certified.
• Participate in an interview or technical evaluation.
What should you do if you would like to certify your occupation?
The process is very simple, just follow these steps:
a. Pre-enrollment and Enrollment: You can enroll simply by contacting the closest INA by phone or by sending the pre-enrollment form by email. You can find information on where to apply for certification here: www.ina.ac.cr/
b. Initial Assessment Interview: once enrolled, you will be scheduled for an interview or a technical assessment in order to verify your level of knowledge in the area in which you wish to be certified.
c. Exams: If you pass the interview, you will have to take a theoretical and a practical exam, which can be administered at your workplace in coordination with your employer or at the closest INA.
d. Certification: if you pass the exams, the INA will grant you a certificate which verifies your mastery of the knowledge, skills, and abilities of the evaluated competencies. This may improve your opportunities for employment in Costa Rica.
Access to Higher Education
Refugees, just like Costa Rican nationals, are entitled to study at public or private universities. To do so, you must have your high school diploma validated in Costa Rica by the Ministry of Education, and you must meet the admissions and enrollment requirements as set by each university.
Foreign Degree Equivalency and Recognition in Costa Rica
If you completed an educational level in your country of origin, you have the right to have this degree acknowledged and validated in Costa Rica, complying with the requirements that apply to the level of education.
What is the representative body in Costa Rica responsible for recognizing and evaluating primary and secondary studies issued abroad?
The Department of Academic Evaluation and Certification of the Bureau of Management and Quality of the MEP is the department responsible for certifying foreign studies, qualifications and degrees.
What are the proceedings to follow to validate or recognize primary and secondary studies?
If you wish to certify the studies or qualifications of your son or daughter, the procedure should be done by the father or mother of the family or the legal guardian the child. For this you need to have an up-to-date refugee ID and you must also provide the birth certificate of your child. If you would like to process the recognition of your studies and you're over 18, you can do it directly.
The regular procedure to recognize your primary or secondary studies is as follows:
1. Complete the appropriate form.
2. The original and a photocopy of the certificate of completion of primary or secondary studies, as well as the academic transcript. All properly authenticated or certified.
3. If the certificate is in a language other than Spanish, it must be translated by an official translator.
4. Original and photocopy of the identification document of the person concerned (must be current, legible and in good condition).
5. Provide the seals or stamps requested by the institution.
For the recognition of secondary education, a certificate of completion of the ninth grade or of high school must be submitted, as well as, the original transcript along with a copy, covering all years taken to obtain that title, both properly annotated.
In the event that you cannot submit all documentation (degrees and certification titles) properly annotated or legalized, the MEP, in accordance with national and international law, offers the possibility to evaluate the recognition of studies of refugees through the presentation solely based on original documents. The MEP will carefully analyze the validity and veracity of the documents. For more information please contact the MEP on 2547-5600.
What is the relevant body in Costa Rica for the recognition of foreign university degrees?
The National Council of Chancellors (CONARE) is the body responsible for the recognition of university studies completed abroad. The process of degree equivalency abroad is often complex for refugees due to the requirements, however it is not impossible. Find out more about the process. THIS POSSIBILITY ONLY APPLIES TO REFUGEES, NOT ASYLUM-SEEKERS.
What is the procedure to follow in order to recognize university degrees obtained overseas?
• You should obtain the “Application for Degree Equivalency and Recognition of Degrees and Qualifications issued by Higher Education Institutions Overseas” form which you can get from the Office of Equal Recognition from the Higher Education Planning Office (OPES) or online at: www.conare.ac.cr/ore
• You must complete this form and submit it, along with all documentation indicated, complete and properly authenticated to the Office of Equivalency and Recognition in person and by appointment.
The documents should be presented along with the following;
1. Properly completed application form (original and copy).
2. An up to date refugee identification (original or a copy)
3. Certification, record or document (duly authenticated) attesting that the institution from which you got the college degree has the authority to do so and that the grade and degree obtained are valid and official recognized in the country.
4. University degree or diploma, or equivalent certification document (original and copy) properly legalized and translated into Spanish (official translation).
5. Certificate demonstrating the subjects taken, grades and grading scale (original and copy) properly legalized and translated into Spanish (official translation).
6. If applicable, you should present a copy of your thesis.
7. Syllabus (original and copy).
8. Programs of study (original and copy).
9. An original and a copy of the diploma degree (Higher School Certificate or Bachelor’s Degree) duly legalized.
10. Proof of payment for administrative procedures of recognition and equivalency (original and three copies).
11. The official documents issued in a foreign language must be translated officially under the sole responsibility of the applicant.
Documents must be properly authenticated*. The seals of officials or authorities to authenticate signatures must also be translated.
• If for special reasons or unavoidable circumstances, you are unable to provide complete documentation, you must state the reasons why you cannot meet the requirements in question, so that the Commission can evaluate the case.
• The Commission on Degree and Qualification Equivalency and Recognition meet twice a month to examine the records in the order of submission. Once the forms are found to be completed and approved by the Commission with respect to the submission requirements, you must then pay a fee for the process of recognition and evaluation.
• After this, you should provide the following, along with your application, to the Institute of Higher University Education of the State designed in accordance with the Commission of Qualification and Degree Equivalency and Recognition. The institution shall process and make a ruling on the application in accordance with the provisions of its internal regulations.
• The chosen Institution of Higher Education University will notify you of the results of the individual case and final decision. If you do not agree with the decision, you can submit an appeal for reconsideration or appeal to the authority that issued it.
• Once your application has been approved, you should contact the Registration Office of the institution that ruled the application to follow the next steps and procedures.
For more information visit: www.conare.ac.cr
Freedom of Movement
You have the right to move freely throughout national territory and choose where you want to live. A refugee may travel to any country, but can NOT travel to their country of origin. If you do not have a passport issued by your country, you are entitled to apply to the Immigration Office for a travel document.
Access to Justice
All refugees and asylum-seekers are entitled to access to justice, in compliance with the assurances of due process, the right to defense and the right to request and response. You can find out more through the Auditor-General of the Judiciary or by calling the toll-free number 800-800-3000.
• Habeas Corpus:
Constitutional Jurisdiction Act
You can file this action against any institution of government (including the judiciary) if you feel your personal liberties are being violated, or if you were unjustly detained or arrested or if your physical integrity was violated during your time of detainment.
You must file this complaint in writing (properly signed) before the Constitutional Court, where you must indicate your name, identity number, who you are filing against and why. You must provide contact details for notification purposes (phone, address, phone number).
• Remedy of Amparo
Law of Constitutional Jurisdiction
You can file a Remedy of Amparo to protect your freedoms and rights established in the Political Constitution and international standards (not to be used to defend the freedoms covered by the Habeas Corpus). For example you can file a Remedy of Amparo against people who work for a government institution that have violated your rights.
You can also file a complaint against employees of a private company. You must file this complaint in written form (duly signed) before the Constitutional room, where you indicate your name, identity number, who you’re reporting and the circumstances of the allegations (described in detail). You must specify contact details (telephone, address, phone number/mobile number).
• Process for alimony
Alimony Act 7654
You can receive financial help from people with whom you have been in a relationship or to whom you have family ties (for example spouses or parents).
You must write a statement of claim (properly signed) before the Payment Court. You must indicate the name and identity number of both you and the person against whom you are filing. You must specify a contact method in order to be notified (mobile, address, telephone number).
It is important to provide information regarding people who can be witnesses, as well as a document proving the family relationship you have with the person (for example birth certificate or marriage certificate). Ideally, you should present documents that indicate the expenses of the person from whom you are requesting alimony.
It is not necessary to have a lawyer for this procedure, but if you would like, the Judicial System has public servants across the country that can offer you pro bono support (legal aid centers).
• Protection against domestic violence:
Law against Domestic Violence 7586
Allows for legal protection to people who suffer abuse physically, psychologically or sexually by a spouse or other family member. People over 12 years of age who have been affected by any of these issues can submit the claim. However, if the case involves a minor under 12 years old or a person who is physically or mentally disabled, the complaint should be filed by a legal representative. The National Child Welfare Agency (PANI) and the Police may also file this complaint.
You should present the complaint before the tribunal or court that specializes in domestic violence or the Family Court. You can present the complaint verbally, indicating your name and identification number as well as the name and identification number of the accused (if possible), and a detailed description of the alleged actions. You should provide contact details (telephone, address, telephone number).
You can receive free advice and support in the offices of the National Institute for Women (INAMU) in the Municipal Offices of Women and the House of Rights of the Municipality of the Defenseless.
• Labor process
Code of Employment: Worker’s Protection Act 7983
Ensures that the worker is not discriminated against and that their work and labor rights are respected. For example, you can sue your employer or former employer in the event that the working hours are changed in any way without previous agreement; when you do not receive your wage or salary, bonus, severance or notice.
When you experience a situation in regards to sexual or workplace harassment; when you are not secured with the Costa Rican Department of Social Security (CCSS), among others.
You can begin by going to the Ministry of Labor for a settlement hearing with your employer. However, if this fails you can file a complaint with the Labor Court. It is not necessary to have a lawyer for this process, but, if you want, the College of Law offers assistance in the Labor Court Tribunal for cases of lower severity (in the Goicoechea, Alajuela, Heredia and Cartago provinces).
You can also receive free support in the Legal Aid Centers or the House of Rights of the Municipality of the Defenseless.
You must submit a written request (properly signed), indicating the name and identity number of both you and the person you are reporting, the detailed description of the facts, if you were insured by the CCSS and/or the INS, your working hours, your salary and if there is a signed contract. You must provide contact details (phone, address, phone number). You can provide the names of people who may be witnesses, as well as supporting documents.
Change of migratory status
After 3 years of having received refugee status in the country, you can voluntarily apply for a change of migratory status to that of a permanent resident without losing your refugee status.
You have the right to apply for permanent residency if:
- Your refugee status has been recognized for 3 or more years.
- You are a refugee and have an immediate Costa Rican relative; a spouse, parent, or a child who is under 18 or disabled.
Does an application for permanent residence mean an end to refugee status?
There are two possibilities. You may choose permanent residency while maintaining refugee status or you may choose to renounce it. There are legal and procedural differences between the two options.
Therefore, you do not necessarily lose your refugee status upon choosing permanent residency. You can apply for permanent residency WITHOUT losing the international protection afforded by the Costa Rican state.
What are the main differences between maintaining and renouncing refugee status?
If you remain as a refugee:
• You continue to enjoy international protection awarded to you by Costa Rica and therefore cannot be sent back to your country against your will.
• For your own protection, you cannot travel to your country.
• You can continue to request for support from the different services as provided by UNHCR through its partner agencies.
• You will be exempt from paying the fees for the process of change of migratory status, as well as the guarantee deposit, thereby reducing the costs of the process.
If you renounce your refugee status:
• You once again come under the protection of your country and may travel back whenever you wish. You will no longer enjoy the international protection which does not allow you to be sent back to your country against your will.
• As you are no more a refugee, you will no longer require the support and services of UNHCR and its partner agencies.
• You must make payments for the process of change of migratory status as well as for the guarantee deposit, thereby making the cost of the process higher.
What is the process for applying for permanent residency?
The process is simple, whether you wish to renounce refugee status or continue to be a refugee. The organization which processes and awards the change in migratory status is the Costa Rican General Immigration Directorate (DGME or la Dirección General de Migración y Extranjería).
There are documents which must be presented whether you continue to be a refugee or wish to renounce the status. These are:
• A written request stating that you wish to change your migratory status. The Association of International Consultants and Advisors or ACAI can assist you with this.
• A photocopy of your entire passport (if in your possession).
• A photocopy of your valid refugee identity card.
• Any criminal records issued in Costa Rica since your arrival in the country.
In addition to these documents, a number of other requirements must be met, depending on whether you renounce your refugee status, or continue to be a refugee.
If you wish to continue being a refugee:
• You will have the opportunity to present a sworn declaration that you have no criminal records in your country.
• You will have to pay for the process, approximately $118.
If you wish to renounce your refugee status
• You must provide certification of any criminal history from your country, duly legalized, consularized or annotated.
• You will have to pay for the change in migratory status and the guarantee deposit. It would cost $400 approximately.
Where can I find assistance for applying for permanent residency?
If you meet the requirements and are interested in this option, you can receive free legal support. Simply call ACAI to request for an appointment with the legal department. In ACAI the functioning of the process and the steps needed to be taken will be explained to you in detail. They will also assist you in obtaining the documents that you need to present. Once these are in your possession, ACAI will take on the role of presenting them to the Migration Office (Oficina de Migración) and tracking the process.
Naturalization
You have the right to apply for Costa Rican citizenship if:
• You are a Latin American refugee and have held this status for five or more years.
• You are a refugee who has been a permanent resident in the country for at least two years and are married to a Costa Rican citizen.
In addition to meeting either of the above-mentioned conditions, you must also satisfy the following criteria to be able to apply for naturalization:
• Be over 18 years of age.
• Have a profession or trade which provides sufficient means to support yourself and your dependents.
• Have not been prosecuted during your stay in Costa Rica.
• Be able to speak, read and write in Spanish, in addition to having a general knowledge of the history of Costa Rica.
What is the process for applying for Costa Rican citizenship?
The organization which processes and awards the Costa Rican citizenship is the Civil Registry (Registro Civil) through the Office of Options and Naturalization (Oficina de Opciones y Naturalizaciones).
You must present the following documents to begin the process of naturalization:
• A written application for naturalization (ACAI can help you with this).
• A certified copy of your valid identity card (ACAI will certify it).
• If you have a birth certificate and/or any criminal record in your country, even if old, can be provided.
• Information on 2 persons who would be witnesses. They can be of any nationality and may be family members but what is most important is that they are able to bear witness before the civil registry that they have known you for five or more years, that you are a person of good conduct and that you have the financial means of supporting yourself.
• Documents certifying financial income: if you are a salaried worker, the same can be demonstrated by your social security documents (órdenes patronales). If you are self-employed, you must provide documents produced by a certified public accountant in which your income is shown (the income shown must be equal to, or exceed, the minimum wage in Costa Rica).
• Certification of having passed the naturalization exams of the Ministry of Public Education (Ministerio de Educación Pública). This is not required if you have studied in Costa Rica (sixth grade, ninth grade, or a Bachelor’s degree).
• Five passport-sized photographs.
• A sworn declaration that you have not broken any law (supplied by ACAI).
• If possible, you should ideally present any additional document which provides evidence of your regular residence in Costa Rica; that you have lived in the country as a refugee for a period of five years. For example, rental contracts, bills in your name, your medical records or that of your children, evidence of registration in Costa Rican educational institutions, etc.
It is important to note that if you are granted Costa Rican citizenship, it will also be extended to your children who are under eighteen.
What do the naturalization exams consist of?
The naturalization exams are tests to certify your Spanish language skills and your general knowledge of the culture, history and geography of Costa Rica. The naturalization exams have a minimum pass mark of 70 and consist of two tests: Spanish language (writing and oral comprehension) and Social Studies.
The Ministry of Public Education (Ministerio de Educación Pública) holds these tests on fixed dates during the course of the year, and you can register for them at the various regional offices of the ministry on any week-day.
Where can I find assistance for applying for naturalization?
UNHCR, through ACAI, can give you with free assistance throughout the process of applying for naturalization and tracking of your application. Furthermore, the Jesuit Migrant Service (Servicio Jesuita para Migrantes) can assist you in preparing for the naturalization exams.
You can get more information from the Office of Options and Naturalization. Tel: 2223-3187, 2287-5475. You can also contact UNHCR, ACAI, or the Jesuit Migrant Service.
Non-refoulement
This is the fundamental right of all refugees and asylum-seekers. You cannot be deported or sent back to a country in which your life or freedom may be in danger on account of your race, religion, nationality, membership in a particular social group or political opinion. Even if you enter the country without a visa or entry permit, you cannot be deported until your refugee application has received a due process of analysis.
Non penalization
The authorities cannot detain or penalize you for entering Costa Rica without an entry visa if you are arriving from a country where your life or freedom may be in danger.
Protection and asylum
According to the Universal Declaration of Human Rights, any person whose life is in danger in their own country has the right to seek protection and asylum in another country.
Official identity
The Costa Rican government is required to issue you an identification document in order to authorize your stay in the country. Every person, regardless of age, must be documented. Those who are seeking asylum, as well as refugees, will receive a document that legalizes their stay in Costa Rica.
Non-discrimination
We all have the right to live in an environment free from discrimination, regardless of ethnicity, color, sex, language, religion, political opinion, nationality, economic position, birthplace or any other personal attribute.
Access to banking services
Refugees and asylum-seekers have the same rights to public and private banking services as any Costa Rican. In other words, you can open a bank account, transfer funds and access all other banking services.
You might find that some banks are unaware of this. For this reason, the Migration Office has distributed a letter to the banks that lists all the different types of identification documents that are officially recognized by the National Banking System. This letter is available at: www.migracion.go.cr
If you do encounter a problem when trying to access national banking services, you can request advice and assistance from the UNHCR or ACAI offices.
Health
As a refugee, you have the same right to access the Costa Rican Social Security Fund as any citizen. To do this you must be a member of the fund (known in Spanish as la Caja or the CCSS). As a member, you have the right to receive free medical care at any institution (EBAIS, Hospitals, Clinics, etc.). If you are not covered, and you need emergency medical treatment you still have the right to health care, but you will be charged later for any service you receive.
If you are not covered by medical insurance and you want to access Costa Rican health care services, then you must pay the fee beforehand.
What types of insurance are there?
• Paid employee insurance: If you work for a company or employer, they have the obligation to insure you.
• Self-employed insurance: If you work for yourself, you must pay contributions to the Costa Rican Social Security fund.
• Volunteer insurance: For those who do not work for an employer or for themselves, such as housewives or students.
• Family insurance: Your insurance can cover your dependent family members, such as your husband or wife, children under 18, children in school between the ages of 18-25, or elderly parents.
• State insurance: For those who can prove that they are living in extreme poverty.
Find out more information about the Costa Rican Social Security Fund at:
www.ccss.sa.cr
What must you bring in order to receive medical attention from the Costa Rican Social Security Fund?
To receive medical attention from the CCSS you must bring your identification document, your insurance card and your social security employer’s slip (orden patronal, issued by the CCSS) from the previous month.
How do children and pregnant woman receive treatment?
All children and all pregnant women (from the moment they become pregnant through the first three months of breastfeeding) have the right to access all public health services, regardless of whether they are members of the CCSS or not.
How can UNHCR support you in receiving emergency medical treatment?
If you find yourself in a medical emergency and you are not able to insure yourself with the CCSS, UNHCR, through ACAI, can consider the possibility of offering you temporary health insurance. To find out more, you can request an appointment with the social work department of ACAI. However, this measure is only taken in exceptional circumstances.
Employment
All refugees have the right to work in Costa Rica. You can perform any type of work for pay or profit by your own account or as an employee of an organization or company. The right to work is indicated in the document that you carry, which states that you have “free status.”
If you are applying for refugee status and three months or more have already passed since you started your application with the Immigration Office, you can apply for a work permit before the Refugee Sub-process. This is a simple and free procedure. You are only authorized to work in the country for the length of time indicated in your Interim applicant’s document. Both the Interim applicant’s document and the work permit will grant you the right to perform any type of work or be self-employed.
If you are a refugee or an asylum-seeker with a work permit, you have the same employment rights as any Costa Rican citizen. If you work with an employer you are entitled to:
• Be treated by your employer and colleagues with respect. An employer never has the right to take away your identification documents (passport or refugee/refugee applicant identification), nor order your deportation.
• Be paid a minimum wage. The minimum wage is set by the Minimum Wages Act: the amount varies periodically depending on labor activity. Find out the minimum wage that you should receive in the Ministry of Labor and Social Security.
• Be paid the Christmas bonus. This is a type of “additional wage” that should be paid to all employees, regardless of their activity, within the first twenty days of December each year. The bonus is one-twelfth of all wages that have been paid during the year.
• Work a fair day’s work. In Costa Rica, the regular workday is 8 hours per day, there are overtime hours (day or night) that can be more or fewer hours. In any case, the maximum hours that your employer can require you to work is 12 hours per day (making the ordinary workday into overtime). Every employee is allowed at least one day off per week.
• A two-week vacation for every fifty weeks of continuous work, regardless of the type of schedule you work. The law does not provide for vacation before the fifty weeks of work, but if your contract ends before this period, the employer shall pay you for the vacation days you have accumulated so far.
• The right to be insured by your employer with the Costa Rican Social Security Fund (CCSS) and to be given a working risk policy.
• The right to resign from work whenever you want. If you have been working for more than three months, you should give notice of your resignation with 15 days’ notice; if you have been working for more than a year, you should give notice 30 days before leaving your work (this is called the period of notice).
• Your employer also has the right to put an end to the labor agreement when deemed appropriate, whether for a justified or unjustified cause. If there is a fair reason for dismissal (for example, if you do not complete your duties), your boss does not have to pay you benefits (notice and severance pay); but if the dismissal is not fairly justified, you have the right to receive the respective benefits.
What happens if you are working and become pregnant?
If you are a woman and become pregnant, it is your duty to report this to your employer. During your pregnancy and while you are taking maternity leave, your employer cannot fire you (unless there are serious faults or breaches). Maternity leave is the permission you have to be absent from work, receiving your entire wages, during the last month of pregnancy and the three months after giving birth.
You also have the right to a lactation period, which is the period of time in which you have the right to breastfeed your baby. The three months of maternity leave granted after giving birth are considered to be the minimum lactation period. This period may be extended if your doctor recommends it through a medical report (for the time indicated). During this lactation period, you have the right to be granted 15 minutes every three hours, half an hour twice a day, or one continuous hour at the beginning or the end of the work day, to breastfeed your baby.
Can minors work in Costa Rica?
In Costa Rica, people are authorized to work only after turning 15 years of age. Teenagers have the same rights as any worker. For a teenager older than 15 years to be allowed to work, the following criteria must be respected:
• Whoever hires the teenager must grant the time necessary to study and to attend the educational system regularly.
• The workday is at maximum 6 hours per day and 36 hours per week. Despite having a shorter workday, teenagers should receive at least the minimum wage.
• They cannot work after 10 P.M.
• The workplace cannot present any danger to the teenager.
What if I have not been insured with the Costa Rican Social Security Fund (CCSS) and they ask for my security number to hire me?
If a company wants to hire you and you have not been previously insured with the CCSS, the company is responsible for registering you to the CCSS. This is a simple and free procedure. They should not exclude you from the recruitment process for not having a social security card.
The company can process this application with the branch of CCSS where the form is available, or they can complete the application by email to calidad@ccss.sa.cr. The following documents must be presented:
• The application form stating the name of the employer, the employer’s business number (which contains the same identification number; legal or physical).
• Legible copy of your refugee/refugee applicant document.
Once these documents are presented, your employer will receive a request within three business days.
Where can you find more information about the employment rights in the country?
If you need guidance on your work rights and responsibilities, you can contact the Ministry of Labor and Social Security toll free at 800-TRABAJO. You can also request information from ACAI, RET, or the House of Rights in the Desamparados Canton.
Education
Like any Costa Rican citizen, you have the right to education. You have the right to access all levels of education, from preschool to university, and you have the right to apply for a grant or a scholarship if you need one.
Access to Preschool, Primary and Secondary Education
National and international regulations stipulate that every boy, girl, or teenager living in Costa Rica have the right and obligation to access public education, regardless of nationality or immigration status. This right is unconditional and cannot be restricted for any reason.
How to enroll your child in the public education system?
If a refugee or an asylum seeker minor is already a regular student of our educational system, the requirements for enrollment are the same as for any other Costa Rican student.
The only time refugees and applicants must meet specific requirements is when they are comming from abroad and enroll for the first time in the education system. You can enroll your child before May 30 without any restrictions. You can also enroll your child after that date, provided that the Academic Calendar in the country you are from is similar to the one in Cosa Rica.
Enrollment of a student who has not reached legal age (regardless of his or her nationality, country of origin, or immigration status) can be completed by the child's father, mother, or legal guardian. This process must be carried out at the Principal's office of the institution where your child will study (the education facility closest to your home).
You should present documentation proving your child’s residence, such as utility bills or a record issued by the District or Municipal Office. Additionally, in accordance with the grade or level in which your child will be enrolled, you must present the following required documentation:
• For preschool or primary school, you must present official supporting documentation, issued by the Civil Registry office or the equivalent official institution, which indicates the age of your son or daughter who will be enrolled. Where it is not possible to present an official document, you must file a Sworn Affidavit, made before a Public Notary.
• For the first grade of the First Course of Basic General Education, in addition to the documentation mentioned above, you must also submit the original copy and a photocopy of the Certificate of Attendence from the Transition Course, which is the equivalent of Preschool, if the child has taken that grade level.
• To enroll your child in primary or secondary education, you must present a notarized certification that states that the student has completed and passed the previous grade, with the corresponding syllabus and grades attached.
What happens if you cannot provide this documentation?
In many cases, refugees are unable to provide the certified documentation required for the registration process. Given that access to preschool and education in general is an unconditional right in Costa Rica, the law provides the possibility for your child to take a placement test so that he or she can be enrolled. These tests are administered at the same educational facility where the child will be enrolled.
What other rights do underage refugees and applicants have when they are enrolled in the public education system?
As Costa Rican children, children who are refugees or asylum seekers are entitled to request support and benefits such as: school lunch and subsidies offered by institutions like FONABE (National Scholarship Fund) or the IMAS.
Children who are refugees or asylum seekers are also entitled to participate in the school’s political life and in other student initiatives.
Can adult refugees continue their primary or secondary studies in Costa Rica?
Absolutely! The Ministry of Public Education offers several options for adult education and for individuals who are considered overage for the grade level that they wish to study. Just as in the case of refugree children, if an adult refugee or asylum seeker does not have the documents to prove the last completed level of education, the school or high school where he or she plans to enroll can administer a placement test.
Where can you find support if you have problems or questions on the registration process for your child and on the benefits of the education system?
You can contact the Contraloría de Derechos Estudiantiles del Ministerio de Educación Pública (Student Rights Office Student Rights Office of the Ministry of Public Education). Tel: 22215432 or 22567011 Ext. 2300 / 2301 / 2302 / 2303 / 2304 / 2305 / 2391 / 2392 / 2393 / 2394 / 2395.
Also, if necessary you can contact the UNHCR, the RET or the ACAI.
Access to Technical Education
Can refugees and asylum seekers have access to technical education?
Yes. Refugees and asylum seekers are entitled to pursue an education at the National Apprenticeship Institute (INA) like any Costa Rican citizen. The formation and training services offered by the INA are free of charge. Individuals must meet the enrollment requirements. The INA has nine regional headquarters that provide coverage in the entire country through more than fifty training centers. It offers more than 1,780 technical programs and 8,300 training courses, which are offered in several formats to best accommodate your situation (in-person classes, online education, dual education, and distance learning).
You can get more information about the courses offered and the registration process at the INA at www.ina.ac.cr/. Or, you can also call 2210 6000 or send an email to informacion@ina.ac.cr.
Can I certify my technical knowledge in Costa Rica?
If you have any technical knowledge or skills that you learned in your country of origin, you can have your occupational skills certified by the INA, which will help you implement your knowledge in Costa Rica and promote your professional development. The Certification Service of the INA recognizes the knowledge, skills, and abilities that you have achieved regardless of how you have obtained them (either through training or practical experience). This service is completely free of charge.
To certify your occupation you must provide evidence to prove your knowledge. It is important to note that there is no minimum schooling level required to participate in this process. Additionally, the schedules for completing the tests are flexible and can be adapted to your availability.
There is a list of occupations open for certification. Check if your occupation is on that list at: www.ina.ac.cr/
You must meet the following basic requirements to certify your occupation:
• Be at least 15 years old.
• Have your refugee or asylum application document up-to-date.
• Have theoretical or practical knowledge of the activity that you would like to get certified (and demonstrate this knowledge through tests).
• Preferably, you should still be working in the area in which you would like to be certified.
• Participate in an interview or technical evaluation.
What should you do if you would like to certify your occupation?
The process is very simple, just follow these steps:
a. Pre-enrollment and Enrollment: You can enroll simply by contacting the closest INA by phone or by sending the pre-enrollment form by email. You can find information on where to apply for certification here: www.ina.ac.cr/
b. Initial Assessment Interview: once enrolled, you will be scheduled for an interview or a technical assessment in order to verify your level of knowledge in the area in which you wish to be certified.
c. Exams: If you pass the interview, you will have to take a theoretical and a practical exam, which can be administered at your workplace in coordination with your employer or at the closest INA.
d. Certification: if you pass the exams, the INA will grant you a certificate which verifies your mastery of the knowledge, skills, and abilities of the evaluated competencies. This may improve your opportunities for employment in Costa Rica.
Access to Higher Education
Refugees, just like Costa Rican nationals, are entitled to study at public or private universities. To do so, you must have your high school diploma validated in Costa Rica by the Ministry of Education, and you must meet the admissions and enrollment requirements as set by each university.
Foreign Degree Equivalency and Recognition in Costa Rica
If you completed an educational level in your country of origin, you have the right to have this degree acknowledged and validated in Costa Rica, complying with the requirements that apply to the level of education.
What is the representative body in Costa Rica responsible for recognizing and evaluating primary and secondary studies issued abroad?
The Department of Academic Evaluation and Certification of the Bureau of Management and Quality of the MEP is the department responsible for certifying foreign studies, qualifications and degrees.
What are the proceedings to follow to validate or recognize primary and secondary studies?
If you wish to certify the studies or qualifications of your son or daughter, the procedure should be done by the father or mother of the family or the legal guardian the child. For this you need to have an up-to-date refugee ID and you must also provide the birth certificate of your child. If you would like to process the recognition of your studies and you're over 18, you can do it directly.
The regular procedure to recognize your primary or secondary studies is as follows:
1. Complete the appropriate form.
2. The original and a photocopy of the certificate of completion of primary or secondary studies, as well as the academic transcript. All properly authenticated or certified.
3. If the certificate is in a language other than Spanish, it must be translated by an official translator.
4. Original and photocopy of the identification document of the person concerned (must be current, legible and in good condition).
5. Provide the seals or stamps requested by the institution.
For the recognition of secondary education, a certificate of completion of the ninth grade or of high school must be submitted, as well as, the original transcript along with a copy, covering all years taken to obtain that title, both properly annotated.
In the event that you cannot submit all documentation (degrees and certification titles) properly annotated or legalized, the MEP, in accordance with national and international law, offers the possibility to evaluate the recognition of studies of refugees through the presentation solely based on original documents. The MEP will carefully analyze the validity and veracity of the documents. For more information please contact the MEP on 2547-5600.
What is the relevant body in Costa Rica for the recognition of foreign university degrees?
The National Council of Chancellors (CONARE) is the body responsible for the recognition of university studies completed abroad. The process of degree equivalency abroad is often complex for refugees due to the requirements, however it is not impossible. Find out more about the process. THIS POSSIBILITY ONLY APPLIES TO REFUGEES, NOT ASYLUM-SEEKERS.
What is the procedure to follow in order to recognize university degrees obtained overseas?
• You should obtain the “Application for Degree Equivalency and Recognition of Degrees and Qualifications issued by Higher Education Institutions Overseas” form which you can get from the Office of Equal Recognition from the Higher Education Planning Office (OPES) or online at: www.conare.ac.cr/ore
• You must complete this form and submit it, along with all documentation indicated, complete and properly authenticated to the Office of Equivalency and Recognition in person and by appointment.
The documents should be presented along with the following;
1. Properly completed application form (original and copy).
2. An up to date refugee identification (original or a copy)
3. Certification, record or document (duly authenticated) attesting that the institution from which you got the college degree has the authority to do so and that the grade and degree obtained are valid and official recognized in the country.
4. University degree or diploma, or equivalent certification document (original and copy) properly legalized and translated into Spanish (official translation).
5. Certificate demonstrating the subjects taken, grades and grading scale (original and copy) properly legalized and translated into Spanish (official translation).
6. If applicable, you should present a copy of your thesis.
7. Syllabus (original and copy).
8. Programs of study (original and copy).
9. An original and a copy of the diploma degree (Higher School Certificate or Bachelor’s Degree) duly legalized.
10. Proof of payment for administrative procedures of recognition and equivalency (original and three copies).
11. The official documents issued in a foreign language must be translated officially under the sole responsibility of the applicant.
Documents must be properly authenticated*. The seals of officials or authorities to authenticate signatures must also be translated.
• If for special reasons or unavoidable circumstances, you are unable to provide complete documentation, you must state the reasons why you cannot meet the requirements in question, so that the Commission can evaluate the case.
• The Commission on Degree and Qualification Equivalency and Recognition meet twice a month to examine the records in the order of submission. Once the forms are found to be completed and approved by the Commission with respect to the submission requirements, you must then pay a fee for the process of recognition and evaluation.
• After this, you should provide the following, along with your application, to the Institute of Higher University Education of the State designed in accordance with the Commission of Qualification and Degree Equivalency and Recognition. The institution shall process and make a ruling on the application in accordance with the provisions of its internal regulations.
• The chosen Institution of Higher Education University will notify you of the results of the individual case and final decision. If you do not agree with the decision, you can submit an appeal for reconsideration or appeal to the authority that issued it.
• Once your application has been approved, you should contact the Registration Office of the institution that ruled the application to follow the next steps and procedures.
For more information visit: www.conare.ac.cr
Freedom of Movement
You have the right to move freely throughout national territory and choose where you want to live. A refugee may travel to any country, but can NOT travel to their country of origin. If you do not have a passport issued by your country, you are entitled to apply to the Immigration Office for a travel document.
Access to Justice
All refugees and asylum-seekers are entitled to access to justice, in compliance with the assurances of due process, the right to defense and the right to request and response. You can find out more through the Auditor-General of the Judiciary or by calling the toll-free number 800-800-3000.
• Habeas Corpus:
Constitutional Jurisdiction Act
You can file this action against any institution of government (including the judiciary) if you feel your personal liberties are being violated, or if you were unjustly detained or arrested or if your physical integrity was violated during your time of detainment.
You must file this complaint in writing (properly signed) before the Constitutional Court, where you must indicate your name, identity number, who you are filing against and why. You must provide contact details for notification purposes (phone, address, phone number).
• Remedy of Amparo
Law of Constitutional Jurisdiction
You can file a Remedy of Amparo to protect your freedoms and rights established in the Political Constitution and international standards (not to be used to defend the freedoms covered by the Habeas Corpus). For example you can file a Remedy of Amparo against people who work for a government institution that have violated your rights.
You can also file a complaint against employees of a private company. You must file this complaint in written form (duly signed) before the Constitutional room, where you indicate your name, identity number, who you’re reporting and the circumstances of the allegations (described in detail). You must specify contact details (telephone, address, phone number/mobile number).
• Process for alimony
Alimony Act 7654
You can receive financial help from people with whom you have been in a relationship or to whom you have family ties (for example spouses or parents).
You must write a statement of claim (properly signed) before the Payment Court. You must indicate the name and identity number of both you and the person against whom you are filing. You must specify a contact method in order to be notified (mobile, address, telephone number).
It is important to provide information regarding people who can be witnesses, as well as a document proving the family relationship you have with the person (for example birth certificate or marriage certificate). Ideally, you should present documents that indicate the expenses of the person from whom you are requesting alimony.
It is not necessary to have a lawyer for this procedure, but if you would like, the Judicial System has public servants across the country that can offer you pro bono support (legal aid centers).
• Protection against domestic violence:
Law against Domestic Violence 7586
Allows for legal protection to people who suffer abuse physically, psychologically or sexually by a spouse or other family member. People over 12 years of age who have been affected by any of these issues can submit the claim. However, if the case involves a minor under 12 years old or a person who is physically or mentally disabled, the complaint should be filed by a legal representative. The National Child Welfare Agency (PANI) and the Police may also file this complaint.
You should present the complaint before the tribunal or court that specializes in domestic violence or the Family Court. You can present the complaint verbally, indicating your name and identification number as well as the name and identification number of the accused (if possible), and a detailed description of the alleged actions. You should provide contact details (telephone, address, telephone number).
You can receive free advice and support in the offices of the National Institute for Women (INAMU) in the Municipal Offices of Women and the House of Rights of the Municipality of the Defenseless.
• Labor process
Code of Employment: Worker’s Protection Act 7983
Ensures that the worker is not discriminated against and that their work and labor rights are respected. For example, you can sue your employer or former employer in the event that the working hours are changed in any way without previous agreement; when you do not receive your wage or salary, bonus, severance or notice.
When you experience a situation in regards to sexual or workplace harassment; when you are not secured with the Costa Rican Department of Social Security (CCSS), among others.
You can begin by going to the Ministry of Labor for a settlement hearing with your employer. However, if this fails you can file a complaint with the Labor Court. It is not necessary to have a lawyer for this process, but, if you want, the College of Law offers assistance in the Labor Court Tribunal for cases of lower severity (in the Goicoechea, Alajuela, Heredia and Cartago provinces).
You can also receive free support in the Legal Aid Centers or the House of Rights of the Municipality of the Defenseless.
You must submit a written request (properly signed), indicating the name and identity number of both you and the person you are reporting, the detailed description of the facts, if you were insured by the CCSS and/or the INS, your working hours, your salary and if there is a signed contract. You must provide contact details (phone, address, phone number). You can provide the names of people who may be witnesses, as well as supporting documents.