A Step in the Right Direction: Immigration Recognizes Same-Sex Partners as Dependents in Costa Rica

Equality Advances in Costa Rica’s Immigration Framework

Costa Rica’s Immigration authorities have taken a significant step toward equality by allowing same-sex spouses or partners to be included as dependents in all immigration categories, including both Temporary and Permanent Residency applications. This change applies provided that applicants submit a duly apostilled or legalized marriage or civil union certificate issued by the country where the relationship was formally recognized.

As a result, same-sex couples whose unions are legally valid in their country of origin are no longer required to apply for residency independently. Instead, they may now file as a family unit, designating one partner as the principal applicant and the other as a dependent.

Legal Basis for the Transitory Measure

This development stems from Advisory Opinion OC-24/17 issued by the Inter-American Court of Human Rights, which addresses gender identity, equality, and non-discrimination. In response, Costa Rican Immigration has implemented this transitory rule while the country completes its internal legislative process regarding same-sex marriage.

Congress has until May 2020 to enact the corresponding laws regulating same-sex marriage in Costa Rica. Once those laws are fully adopted and implemented, it is expected that this immigration rule will become permanent.

Important Limitation for Couples Involving Costa Rican Nationals

Despite the progress, it is important to note a key limitation:
Same-sex couples where one partner is a Costa Rican national are not yet fully covered under this transitory measure. Until Costa Rica formally regulates same-sex marriage domestically, Residency for Spouses and Citizenship based on marriage to a Costa Rican citizen remain unavailable for these couples.

Changes to the DIMEX: Name, Picture, and Gender Identity

In addition to recognizing same-sex partners for residency purposes, Immigration will now accept requests to modify name, photograph, and gender identity on the Immigration Identity Document for Foreigners (DIMEX).

To process these changes, foreign nationals must submit:

• The official application form, and

• A duly apostilled or legalized document issued by the competent authority in their country of origin confirming the name or gender change.

Gender identity recognition under this process may be granted once, although foreign nationals retain the right to later retract the request.

A Welcome Interim Measure

These temporary measures represent meaningful progress during the interim period leading up to May 2020. While not yet comprehensive, they provide long-awaited recognition and practical solutions for many same-sex couples navigating Costa Rica’s immigration system.

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