New
Immigration Law Would Close "Marriage of
Convenience" Loophole
Perhaps one of the important change in the "nueva
ley migratoria" (new immigration law) is the
closure of the loophole that allows
foreigners to marry with a Costa Rican to
obtain residency and remain in the country
legally, even though they do not know their
spouse, other than a name and photo of a
cedula provided to them by the lawyer or
notary who arranged the marriage of
convenience.
The loophole, according to immigration
authorities, has been used by organized
groups to set roots in the country or used
in the trafficking of persons, who mostly
end up in prostitution or criminal
activities.
Currently, since the new immigration law has
only been passed in first debate more more
than a week ago, any foreigner can enter
into a marriage contract with a Costa Rican,
who by way of a lawyer or notary files the
document with the Registro Civil and then
makes an application to the immigration
service for residency.
The marriage, even though immigration
officials know well is one of convenience
and that the two parties do not know each
other, are prohibited from investigating and
denying residency.
The reforms to Article 73 of the Ley General
de Migración y Extranjería eliminates all
that.
Once the law is approved in second debate
(which was to have occurred last Monday) and
published in La Gaceta, foreigners will have
to prove that the marriage is a bonafied
union, that the parties know each other and
may be subject to a joint interview by
immigration officials, who will also
interview people who are said to know the
couple and the marriage.
The provisions also extend to residency
renewals.
Under the new law, if immigration officials
are not convinced that the marriage is on
the up and up, the foreigner can be expelled
from the country, regardless of the
marriage.
It is estimated that some 10.000 marriages
of convenience currently exist in the
country. Foreigners have paid up to us$5.000
or more to a lawyer or notary to find them a
husband or wife, who only puts up their name
and signature on the marriage document.
However, the most common fee in today's
economy is about ¢100.000 colones (us$175)
for the service.
Immigration officials, in many cases, are
faced with a residency application based on
a tie with a Costa Rican and where documents
show that the foreigner had never visited
Costa Rica and within days of entry to the
country, are now tying the knot.
The benefit to the foreigner is that
residency allows the freedom of movement,
access to the country's social security and
the right to employment.
However, the new immigration law, also
includes rights of foreigners when denied a
visa or detained by immigration officials
for suspicion of immigration irregularities.
Foreigners denied a visa or residency can,
under the new law, appeal the
decisions of the Dirección de Migración
(immigration service) to the Tribunal
Administrativo Migratorio. The Tribunal is
separate and above the immigration service.
A major change is the right of the foreigner
to be held a maximum of 24 hours. Article 18
of the reforms says that the immigration
service has 24 hours to demonstrate that the
detained foreigner is in the country
illegally or set him or her free.
Currently, an immigration official can
detain indefinitely a foreigner who is
suspected of being illegal and subject to
deportation if they cannot prove their legal
status. The current regulation puts the onus
on the foreigner to prove status or be
expelled.
It is expected that the "nueva ley
migratoria" is approved this week in second
debate, followed by publication in La Gaceta
and take effect in May 2010.
The changes in the immigration, which
includes many more reforms, has been
spearheaded by the current government, but
it will fall on the next government to apply
the new norms.
Of particular note, it will be up to Laura
Chinchilla, is she wins the February 2010
presidential elections, to uphold the new
law. Doña Laura was one of the legislators
who voted for approval of the current law
back in 2005, a law which has been
considered by Costa Rica president, Oscar
Arias, as "draconian" for the lack of right
of foreigners and the powers given to the
immigration police.
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