Costa Rica Clarifies Work Authorization and Travel Rules During Pending Immigration Processing

Overview

Costa Rica's immigration framework includes a route that lets eligible foreign nationals begin working while their application is still under review, provided they're hired through a company registered with the Dirección General de Migración y Extranjería (DGME) and processed via the Trámite Ya platform.

This matters because the standard rule is strict. Under Costa Rican law, no foreigner may perform remunerated work in Costa Rica without holding an immigration category that expressly authorizes them to work. In fact, recent guidance is explicit that simply having an immigration process underway does not grant authorization to begin work, with one exception: applications for temporary residencies filed under the registered-companies window.

That exception is the entire story here, and it's grounded in actual regulation, the reform to Article 187 of the Migration Control Regulations (Executive Decree No. 36769-G) and the Regulation for the Registration of Companies before the DGME (Decree No. 36576-G-COMEX).

At Anywr India, we read every immigration update through one lens: does it help our clients move talent faster without creating compliance exposure? This route does, if you qualify and follow the rules precisely. Here's exactly how it works.

What Are the Key Changes? 

Work Authorization During Processing

• For companies registered under the DGME mechanism, the regulation confirms that during the time it takes to review and resolve the legal-permanence application, the foreign applicant may carry out remunerated or lucrative work.
  

• In practice, this means registered companies may legally begin the employment relationship with a foreign worker once the temporary residence or work permit application has been submitted. This allows eligible employers to onboard foreign talent before a final decision is issued on the immigration application.
  

Employer-Specific Authorization

The work authorization applies only to the employer named in the application. It does not extend to:

• Clients
  

• Partners
  

• Other entities in the same global group

• Parent or subsidiary companies

For multinationals: A global parent-subsidiary relationship does not broaden the permission. "They work for us globally" is not the same as "they work for the employer named in the application."

Travel & Re-entry During Pending Applications

• Applicants may leave and re-enter Costa Rica while the application is pending.

• Until formal approval is granted, each re-entry takes place under tourist status rather than worker status.

• Employers should factor this into any travel planning during the processing period.

•  Recommendation: Build buffers around travel timing. Do not assume re-entry is automatic.

Processing Status

• Submission through Trámite Ya marks the start of the regularization process.

• During review, the applicant's legal-stay period and the validity of certain foreign-issued documents are treated as suspended under the applicable regulations, an interim status, not a final approval.

Who Will Be Affected?

• DGME-registered companies hiring through Trámite Ya - Can legally onboard eligible hires once the application is submitted.

• HR & Talent Acquisition teams - More predictable start dates and fewer "we can't begin yet" delays.

• Global Mobility teams - Clearer travel and re-entry rules enable confident assignment planning.

• Immigration & compliance specialists - Must verify company-registration status and employer-specific eligibility.

• Foreign nationals - Can begin working, and earning, earlier in defined circumstances.

This maps directly onto the talent Anywr India supports daily: skilled cross-border professionals moving for multinational employers in technology, engineering, healthcare, and other specialised fields.

Key Benefits of the System

• A legal onboarding window: Eligible hires can start work from application submission, closing the months-long gap that previously stalled projects.

• Faster timelines: The company-registration route is comparatively efficient. According to practitioners, the company-registration process currently takes approximately three to four months to be resolved.

• Reduced compliance risk: Because the exception is grounded in regulation, eligible interim work is authorized,  not a risky workaround.

• Better planning: Mobility teams can build realistic onboarding and relocation timelines instead of treating start dates as unknowns.

Eligibility Requirements (Company Registration)

This route is only available to properly registered employers. To qualify, companies must fall into one of the official DGME classifications, for example, companies operating under special export-promotion regimes administered by COMEX and PROCOMER (Classification A) or companies that export goods or services outside those regimes, or that carry out research and development activities (Classification B), among other categories covering finance, telecommunications, and multinationals.

In addition, the sponsoring company must meet baseline obligations. The DGME requires that the company be current with its obligations before the CCSS (Costa Rican Social Security Fund), under Article 74 of the law governing the CCSS. A valid, authenticated job offer is also required, a duly authenticated job offer indicating the functions, schedule, and salary to be earned, signed by the employer.

Eligibility is not automatic - it depends on the company holding registered status and the applicant qualifying under the relevant category.

Compliance Updates

Critical conditions employers must respect:

1. The benefit requires registered-company status.
The general rule still stands: no foreigner may perform remunerated work without an immigration category that expressly authorizes it. The "start work upon filing" benefit applies only through the registered-companies window.

2. Work is employer-specific.
Authorization is tied exclusively to the employer named in the application. A global parent–subsidiary relationship does not extend it.

3. Travellers re-enter as tourists. Until approval is granted, re-entry status is tourist, not worker.

4. Submission ≠ approval. Filing does not guarantee a favourable outcome; onboarding remains conditional.

5. Penalties are real and significant. Immigration law sets fines ranging from two to twelve base salaries for employers who hire unauthorized individuals, and the DGME may initiate administrative proceedings, request inspections, or even order suspension of the person's work and their deportation.

6. Ongoing diligence is required. Hiring foreign workers is fully viable within the Costa Rican legal framework, but it demands rigor: companies must be diligent, verify immigration status before allowing the person to begin work, and continuously monitor permits and their expiration dates.

What This Means for Employers

For employers, this is less a brand-new rule and more an underused, legitimate fast-track, provided you qualify.

The practical win: the long-standing "wait months while the employee can't start" problem largely disappears for registered companies. Critical roles fill sooner, and travel during processing is no longer a grey zone.

The practical risks are predictable:

• Assuming the benefit applies without confirming registered-company status.

• Deploying the employee to another group entity or client during processing, a direct breach of the employer-specific condition.

• Mishandling travel timing while documentation is in flux.

For multinationals especially, the trap is the corporate-structure assumption. "They work for us globally" is not the same as "they work for the employer named in the application." The application name controls the authorization.

Implementation and Next Steps

Do now:

• Confirm whether your Costa Rica entity holds (or can obtain) DGME-registered company status, this is the gateway to the benefit.
  

• Verify the sponsoring employer name matches the immigration application exactly.
  

• Ensure CCSS standing and a compliant, authenticated job offer are in place before filing.
  

• Review travel plans for pending-status employees and build buffers around the immigration timeline.

Do within 30 days:

• Brief HR and mobility teams on the employer-specific limitation, the suspended-status condition, and the tourist re-entry rule.
  

• Update internal onboarding and mobility policies to reflect these conditions.
  

• Establish a documentation routine: Trámite Ya submission confirmations, eligibility evidence, and travel records.

Ongoing:

• Track deadlines closely and monitor future guidance, as Costa Rica continues to expand digital immigration processing through Trámite Ya.
  

Key Takeaway

Costa Rica's registered-company route offers employers something genuinely valuable: eligible foreign hires can begin working for their designated employer once the application is submitted - not months later -  without the fine exposure that normally comes with starting early.

But it's compliance-first, not permission-first. The benefit depends on registered-company status, stays strictly employer-specific, treats re-entry as tourist status until approval, and rests on specific regulations (Article 187 of Decree No. 36769-G and the company-registration framework under Decree No. 36576-G-COMEX). It is not a blanket work permit.

For HR leaders, employers, and global mobility teams, understanding these conditions is the difference between faster, compliant onboarding and avoidable penalties or disrupted assignments.

This article is intended for informational purposes only and does not constitute legal or immigration advice. Immigration requirements and applicability may vary depending on permit category, local regulations, and individual case circumstances. For tailored guidance specific to your organisation’s needs, please reach out to Anywr’s immigration experts for a consultation. 

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About Anywr

Anywr is a French international group specializing in global mobility solutions.
Founded in 2012, Anywr operates in 12 countries across 4 continents. Our mission is to support companies in addressing their Human Resources challenges. We respond to your needs in terms of international mobility, particularly in terms of immigration policies, relocation, the implementation of mobility policies and EOR.

Do you have a mobility project for your teams? Contact us!