#CostaRica 🇨🇷 #BDS_Article: Immigration Penalties for the Irregular Employment of Foreign Nationals

When companies conduct recruitment processes, it is common for them to interview foreign candidates and, eventually, if the candidates meet the desired profile, they decide to hire them. However, it is crucial for organizations to verify the immigration status of these workers, as well as to ensure that their immigration category allows them to engage in paid work legally in Costa Rica.

A foreign national cannot be hired solely based on their passport. It is essential that they have a Migratory Identity Document for Foreign Nationals (DIMEX in Spanish), which may be issued with either "unrestricted status" or "restricted status."

If the DIMEX states "unrestricted status," the employer is free to hire such foreign national without concerns. However, attention must also be given to the document's validity period, as the holder must keep it valid and in good condition for all legal purposes.

If the DIMEX states "restricted status," the foreign national is not authorized to work freely in the country. In such cases, it is advisable to refrain from going any further with the hiring process until receiving an approval resolution from the Immigration Authority specifying the details of such status.

Hiring foreign nationals with an irregular immigration status can result in penalties for the company. If the Ministry of Labor and Social Security or the General Office of Immigration and Foreign Affairs find irregularities or non-compliance issues related to the hiring of foreign nationals or their immigration documents, penalties may be imposed, including fines and even the worker’s deportation.

Article 177 of the General Law on Immigration and Foreign Affairs states the following:

"Individuals or representatives of legal entities, whether public or private, who provide employment or occupation to foreign nationals who are not authorized to engage in labor activities in the country or who engage in activities different from those authorized, shall be penalized by the General Office with a fine ranging from two to twelve times the amount of a base salary, as established in Article 2 of Act No. 7337, dated May 5, 1993. This fine shall be allocated to the Special Immigration Fund established by this Law, and its amount shall be determined based on the severity of the violation and the number of foreign nationals employed under irregular conditions."

If the Professional Immigration Police discover such irregularities, the company may face the penalties listed in the provision above, and the worker may be subject to deportation proceedings.

The Immigration Police has the authority to investigate the immigration status of foreign employees. Inspectors may request access to workplaces during working hours to verify the validity of identity documents, residence permits, and work authorizations to ensure compliance with immigration regulations.

For this reason, it is essential to review the validity, legality, and scope of foreign workers' identity documents to prevent future complications.

Johanna Gómez Frittella
Attorney, BDS Asesores

I have a question