A foreigner residing in Costa Rica can enjoy insurance coverage extended by a spouse without regard as to the immigration status of the insured. Such was the resolution issued by the Constitutional Chamber of Costa Rica, more commonly known as Sala IV, earlier this year.

The Law Office of Immigration Experts Costa Rica has closely followed this case, which was reported by The Costa Rica Star in late 2014. The situation involved a pregnant woman married to a foreign man who was contributing to the social security regime by virtue of being a wage worker on a payroll. The woman was denied health benefits by an EBAIS (public health clinic) in the former capital city of Cartago.

The case above emanated from a highly controversial rulemaking action approved by La Caja, Costa Rica’s public health care system on 0ctober 27, 2014, and it was based on a draconian interpretation of immigration law. It so happens that one of the requirements to obtain legal residence in Costa Rica is that the applicant must be insured and registered in La Caja, but would immigration preclude medical attention?

The founder and senior attorneys at Immigration Experts Costa Rica, Marcela Gurdian and Nicole Quesada, explain that the insurance requirement set forth by immigration laws in Costa Rica has various purposes: it brings revenue into an ailing system, it makes a point of avoiding immigrants becoming a burden to taxpayers, it can serve as the basis of an identity document, and it is also a method of integration into the fabric of Costa Rican society.

It is clear that foreigners who apply for legal residence in Costa Rica must enroll in La Caja and contribute to the system. In the case above, however, the immigration status of the woman is irrelevant since what she needs is medical care by virtue of her pregnancy. The husband of the woman is enrolled in La Caja, and thus his wife should be covered regardless of her nationality or immigrant status.

Sala IV saw an inherent problem with the Enrollment and Benefit Manuals approved by La Caja in October of last year. The Constitutional Chamber magistrates stated that La Caja offers family insurance coverage in accordance to Article 19 of our Constitution, which states that standing laws in Costa Rica must not discriminate against foreigners.

In essence, La Caja adopted a narrow interpretation of immigration law and committed two transgressions: it discriminated against the pregnant woman and denied the right to family insurance to the enrolled worker. It does not matter if the insured spouse is a citizen of Costa Rica or a foreigner; if he or she is enrolled in La Caja, family benefits must be extended in accordance to the law.

Ideally, the path to legal residency in Costa Rica should not be problematic, but issues like the one described herein are known to arise from time to time. For this reason, law firms that practice immigration law tend to be very specialized. Immigration Experts Costa Rica specializes not only in immigration matters but also in corporate law, which is ideal for foreigners who wish to establish residence in Costa Rica by means of business ties, investments or real property ownership.

Founder Marcela Gurdian knows the residency process inside out thanks to her experience as a former as a legal evaluator at the Directorate of Immigration, a position she held for many years prior to going into private practice. She not only knows the process but also knows key staff members at the Directorate.

Residency applications are just one of the many services offered by Immigration Experts Costa Rica; the legal team is ready to help foreigners with matters related to corporate registration, business permits, bank accounts, investments, work permits, etc. Many former clients of this firm have become residents and naturalized citizens who operate successful business enterprises in Costa Rica.

For the convenience of their clients, Immigration Experts Costa Rica keeps its main office in San Jose and two offices in Guanacaste: one in Tamarindo Beach and the other in Playas del Coco.

Contact Immigration Experts in Costa Rica:

San Jose

• Tel: (506) 2290.8050 / 2290.2794
• Fax: (506) 2290.8055
• Address: Sabana Oeste, San Jose, Costa Rica. P.O. BOX: 226-1200
• [email protected]

Tamarindo Beach: (506) 2653.0050

Playas del Coco: (506) 2670.2021