Common Law Relationships
OK To Obtain Residency
A decision by the Sala
IV (Constitutional
Court) allows foreigners
living common law with a
national to use the
relationship to legalize
their residency in the
country, declaring
unconstitutional article
69 of the Ley de
Migración y Extranjería.
Article 69 said that a
common law relationship
had no legal status for
immigration purposes, as
such foreigners facing
deportation could not
use the relationship to
be removed from the
country or to obtain
legal residency.
Ley 7532 establishes
that a "Unión de hecho"
(common law
relationship) is
established when a man
and a woman have been
living together as if
they were married for a
period of three years or
more.
Immigration officials
fear that the Sala IV
decision will increase
the trafficking of
persons who can now use
the "common law"
relationship as a basis
for legal status,
similar to the way
marriages by power of
attorney were exploited.
"Our fear that organized
groups who dedicated
themselves to marriages
by power of attorney,
will now dedicate
themselves to
fabricating common law
relationships, which is
much easier", said Mario
Zamora, director de
Migración.
Zamora added that no
country has recognized
common law relationship
as a basis for
immigration purposes.
The Sala IV decision
stemmed from a filing of
unconstitutionality by
psychologist Adilia
Solís representing the
Fundación Centro de
Derechos Sociales del
Inmigrante, working
mainly for the rights of
Nicaraguan immigrants in
Costa Rica.
Solís said that for
cultural reasons the
majority of Nicaraguans
maintain a common law
relationship.
"Our intention was that
the cultural practice be
recognized to protect
the women and the
families that have roots
in the country, who for
legal reasons could not,
after years of living in
the country, legalize
their residency", said
Solís.
The argument before the
Court was that article
60 fo the Ley de
Migración breached the
Constitución Política
(Political
Constitution), leaving
the family of a common
law relationship
unprotected.
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