#CostaRica 🇨🇷 #BDS_ImmigrationAlert: Elimination of the Stamp for Migratory Movements
Communication No. DG-02-01-2023 was published in the Official Gazette on Wednesday January 18,...
Every time a new national championship begins, we hear about the insertion of foreign soccer players into the different teams integrating the country’s professional soccer league.
Marco Segura
Attorney at Law - Immigration Practice
Regarding this matter, it is important to take into consideration that, legally speaking, the hiring of this type of workers is no different than the rest. Besides being subject to any rights and obligations set forth in our labor laws, and upon the execution of an employment agreement between soccer team entities and foreign players, a number of immigration-related obligations also arise that should be met so that these athletes may validly exercise the duties for which they have been hired.
In Costa Rica, there are 2 types of immigration categories to which soccer players may apply when entering the country to work for the first time: sports athlete temporary residence, or sports athlete special category.
In general, there is no major difference between these categories as both of them are intended to meet the same purpose, that is, lawfully authorizing the foreign individual to perform a remunerated activity for the hiring employer; however, depending on the plans intended for the different soccer players that join our championship, one of these categories might fit better to the specific case.
Differences and similarities.
Both categories are quite similar in terms of the requirements for their application, and both categories grant a restricted employment condition, which involves that soccer players will be authorized exclusively to play for the team that hired them in the first place, and every time they change teams while on this immigration status they should apply for a new authorization.
Also, and upon approval of the foreign citizen application to stay in the country, the procedure should be completed by processing the documentation in order to procure the relevant DIMEX (the immigration identity document for foreign citizens), as with any other type of immigration regularization application, also being required to keep the immigration status in good standing condition and report about any changes in employment as discussed above.
When applying for a temporary residence, the foreign citizen and his/her employer tacitly express their intent to remain in the country for a longer time (despite there is no legal impediment, for instance, for a soccer player to apply for residence on the country if this player is hired for a six-month term).
This means that if the foreign citizen keeps an extended residence of at least 3 years in Costa Rica, he/she might eventually opt for a change in his/her immigration category that may grant the athlete a permanent residence and, therefore, the capacity to freely engage with any sports institution of his/her preference without the need to inform and request the authorization from the General Immigration Authority every time there is a change in the athlete’s employment situation.
The foregoing will not apply in case of the sports athlete special category. As defined by the relevant regulations (Article 2 of the Regulation on Foreign Citizens, Executive Decree No. 37112-GOB), this category applies to those immigration situations that, based on their nature, require a different handling with respect to other categories, and has the particularity that it does not grants definitive stay rights (Article 95 of the General Immigration and Foreign Citizens Act No. 8764). This is why it is not possible for a foreign citizen who has been granted said category to apply for a change in immigration category that grants the right to freely self-regulate their employment life, regardless of the number of years this foreign individual has been working in the country.
Whether these hirings qualify as “spectacular signings” or not, the truth is that both soccer teams and players are required to comply with the applicable immigration regulations before they begin to induce goal roars from fans across stadiums and homes.
Differences and similarities.
Both categories are quite similar in terms of the requirements for their application, and both categories grant a restricted employment condition, which involves that soccer players will be authorized exclusively to play for the team that hired them in the first place, and every time they change teams while on this immigration status they should apply for a new authorization.
Also, and upon approval of the foreign citizen application to stay in the country, the procedure should be completed by processing the documentation in order to procure the relevant DIMEX (the immigration identity document for foreign citizens), as with any other type of immigration regularization application, also being required to keep the immigration status in good standing condition and report about any changes in employment as discussed above.
When applying for a temporary residence, the foreign citizen and his/her employer tacitly express their intent to remain in the country for a longer time (despite there is no legal impediment, for instance, for a soccer player to apply for residence on the country if this player is hired for a six-month term).
This means that if the foreign citizen keeps an extended residence of at least 3 years in Costa Rica, he/she might eventually opt for a change in his/her immigration category that may grant the athlete a permanent residence and, therefore, the capacity to freely engage with any sports institution of his/her preference without the need to inform and request the authorization from the General Immigration Authority every time there is a change in the athlete’s employment situation.
The foregoing will not apply in case of the sports athlete special category. As defined by the relevant regulations (Article 2 of the Regulation on Foreign Citizens, Executive Decree No. 37112-GOB), this category applies to those immigration situations that, based on their nature, require a different handling with respect to other categories, and has the particularity that it does not grants definitive stay rights (Article 95 of the General Immigration and Foreign Citizens Act No. 8764). This is why it is not possible for a foreign citizen who has been granted said category to apply for a change in immigration category that grants the right to freely self-regulate their employment life, regardless of the number of years this foreign individual has been working in the country.
Whether these hirings qualify as “spectacular signings” or not, the truth is that both soccer teams and players are required to comply with the applicable immigration regulations before they begin to induce goal roars from fans across stadiums and homes.
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