Fines for Overstaying the Visa in Costa Rica

Overview of Visa Overstay Fines in Costa Rica

In previous installments we have reviewed the penalties for overstaying in Costa Rica. Section 33 of the Immigration Law issued in 2012 establishes a fine of $100 USD per each month that a foreign national overstays in Costa Rica.

This fine became effective in 2012; however, the Immigration Department issued a moratorium for the enforcement of the fines. That moratorium will end on April 20th, 2018.

The language of Section 33 makes the fine applicable only to people who are in Costa Rica as tourists.

End of the Moratorium and Official Enforcement

The Dirección General de Migración y Extranjería issued a memo giving notice to the public that the moratorium will end next month.

The memo also included instructions for the payment of the fine, which must be processed at Banco de Costa Rica.

Options for Tourists Who Overstay Their Visa

Specifically, people who overstay their tourist visa in Costa Rica will have two options:

Option 1: Pay the Overstay Fine

• Pay $100 USD for each month of overstay in Costa Rica.

Option 2: Reentry Restriction Instead of Payment

• Not pay the fine, but not be allowed to reenter Costa Rica for a period of time three times as long as the overstayed period.

Example:
If a foreign national overstays for two months, they must either:

• Pay a $200 USD fine, or

• Be prohibited from reentering Costa Rica for six months.

Important Practical Advice for Tourists

Suggestion:
Tourists must pay close attention to the visa stamp in their passport in order to determine the appropriate time to leave Costa Rica.

Pending Residency Applications and Overstay Fines

People who have a residency application pending are not subject to the fine.

Residents and Renewal Issues: A Legal Gray Area

Regarding people with residency, according to the memo issued by the Immigration Department ending the moratorium, there is also the intention to assess the fine if residents fail to renew.

However, Section 254 of the Immigration Law already establishes a $3 USD fine for residents who do not renew their status within 30 days.

In my opinion, there appears to be confusion within immigration staff regarding the assessment of fines for tourists versus residents. It is not unusual for government agencies to make mistakes, and this could be one of those instances.

Final Practical Guidance

• If you are a tourist, be prepared to pay the fine if you overstay—or face reentry restrictions.

• If you are a resident, avoid any possible issues by renewing your status on time.