Costa Rica Recognizes Migratory Rights of Same-Sex Couples

A Little Ray of Sunshine

Costa Rica is taking concrete steps toward recognizing the migratory rights of same-sex couples, signaling an important shift in immigration policy and human rights protection.

On November 20th, 2018, the Dirección General de Migración y Extranjería (DGME) issued and submitted for public opinion a draft legislation titled “Regulation for the Recognition of Migratory Rights to Couples of the Same Sex.”

Draft Regulation on Migratory Rights

The draft regulation states, in summary, that same-sex couples holding a valid foreign marriage or civil union certificate must receive the same immigration rights as different-sex couples. The regulation explicitly cites Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights as its legal foundation.

This advisory opinion establishes the absolute necessity of equal rights for same-sex and different-sex couples and has been considered a binding recommendation for Costa Rica since 2017.

Political and Legal Context

The Inter-American Court’s opinion remained a central issue in public discourse throughout 2017 and into Costa Rica’s most recent presidential election. While embraced by many as a step forward for equality, it was also used by some political candidates who opposed the recommendation as a focal point for criticism.

Despite the controversy, the opinion represented a breath of fresh air for those advocating equal treatment and legal certainty for same-sex couples living in or relocating to Costa Rica.

Constitutional Court Moratorium

Concerned about moving too aggressively without legislative input, the Constitutional Court of Costa Rica—the institution with authority to reaffirm the mandatory and immediate nature of equal treatment—issued an 18-month moratorium. This period was granted to allow the Legislative Assembly time to regulate same-sex marriage through formal legislation.

With the issuance and publication of the Court’s complete ruling, the 18-month countdown officially began.

Immigration’s Response and Expected Outcomes

Immigration authorities followed suit in response to the Constitutional Court’s decision. As a result, it is expected that, once the moratorium expires, same-sex couples will be able to apply as a family unit for:

• Temporary residency

• Permanent residency

• Special immigration categories

• Other processes of migratory regularization in Costa Rica

This change would place same-sex couples on equal footing with different-sex couples for all immigration purposes.

DIMEX Identity Changes

In addition to residency rights, Immigration has also prepared a draft decree allowing foreign nationals to request changes to their:

• Name

• Photograph

• Gender marker

on the DIMEX (Immigration Identity Document for Foreigners).

To complete these changes, applicants will be required to submit an affidavit along with an official document issued by the competent authority in their country of origin certifying and recognizing the change.

A Regional Milestone

As of November 2018, Costa Rica was actively working toward becoming the first Central American nation to legalize same-sex marriage and recognize its legal effects across all areas of public administration—including immigration.

This development marked a significant step in aligning Costa Rica’s immigration system with international human rights standards and constitutional principles of equality.

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