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Bill to create a new immigration category for teleworkers
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The bill called "Law to attract remote workers and international service providers" is currently within the legislative stream. The bill aims to position Costa Rica as a tourist destination friendly to teleworking. It aims to modify the General Law on Migration and Foreigners, in order to include within the non-resident immigration category, the stay subcategory as "Remote Worker or Service Provider", which focuses specifically on those foreign workers who work remotely for their companies, and can do so from Costa Rica, under the corresponding legality. The bill defines “Remote Worker or Service Provider” as “(…) a foreign person who provides paid services remotely, whether subordinate or not, using computer, telecommunications or similar means, for a natural or legal person located abroad, for which he or she receives payment or remuneration from abroad (…)” which in common jargon is known as a teleworker.
What is the intended migratory subcategory?
This is a stay specifically focused on teleworkers, which means that the applicant will not be able to receive their salary directly in Costa Rica, nor will they be able to work or perform paid activities in the country. Since this is a stay, it would be granted for up to one year, renewable for an equal period, if the elements and requirements that gave rise to the immigration status remain in effect, which will also be confirmed and established by regulation. The stay request for the remote worker or service provider may be requested by the worker directly or by the worker and their immediate family, understood to include spouses, common-law partners, and children.
What additional benefits would the new immigration subcategory provide?
1. Total exemption from income tax for the applicant; 2. Exemption from paying all import taxes on equipment, instruments, tools, or computer, telecommunications, or similar media necessary to perform their duties or provide their services, provided that the need for said equipment for the proper performance of the functions that gave rise to the immigration status is justified; 3. Validity of the foreign driver's license of the beneficiary of the immigration status in Costa Rica, without the need to apply for a national driver's license; 4. Possibility of opening bank accounts in the national banking system; 5. The beneficiary of the immigration status must not constantly leave the country to remain legally present.
What are the requirements to qualify for this immigration subcategory?
1. Proof of income of at least US$3,000 or US$4,000, if the stay request is made as a family unit; 2. Proof of international health insurance; 3. Proof of payment of official fees; 4. Any other requirement established by regulation, which leads us to assume they will be the same requirements previously established for the current stay subcategory; 5. The bill indicates that the requirements for the family unit will also be determined by regulation. The deadlines established in the bill are short, which presuppose an expeditious resolution of the requests. The intention of the bill is clear: to attract foreign investment and reactivate the tourism sector, allowing teleworkers to carry out their work activities from anywhere in the national territory and under legal immigration conditions. At Lexincorp we can advise you on immigration matters; for this, you can contact us atmigracioncr@lexincorp.com[/vc_column_text][/vc_column][/vc_row]
