Understanding the New CAJA Regulation and How It Affects Foreign Residents

As noted in our previous publication, the Costa Rican Social Security Fund (CAJA) introduced new regulations that affect the contribution rates applicable to foreign residents who enroll after March 16, 2022. This update marks a significant shift in how the system classifies and charges certain types of immigrants, and it has raised understandable concerns among applicants who are in the final stages of the residency process.

This article outlines the main issues we have observed in the regulation and explains how these changes impact individuals who already have residency as well as those still in the process of applying. Our legal team continues to review the regulation in depth, and further updates will follow.

What Is the Main Change in CAJA Rates?

The most substantial modification affects the scope of the contributions required from certain foreign nationals. Historically, immigrants with legal residency were obligated only to contribute to the Seguro de Enfermedad y Maternidad (SEM)—the insurance covering illness and maternity.

Under the new regulation, immigrants must now also contribute to Invalidez, Vejez y Muerte (IVM), the insurance fund that covers disability, old-age, and death pension benefits.

In other words:

Before: Immigrants paid only SEM (health).
Now: Immigrants must also pay IVM (pension system contributions).

This single change has doubled the monthly cost for many applicants, particularly those in non-working categories such as Pensionado, Rentista, or Investor.

Who Is Affected by the New CAJA Regulations?

The regulation’s impact depends on two factors:

1. Whether the person already has an approved residency and DIMEX, and

2. Which residency category the person belongs to.

People who already have residency and a valid DIMEX

Not affected. They continue paying the previous contribution structure.

People who do not yet have their DIMEX

Affected. Anyone who had not completed the residency process before March 16, 2022 must enroll under the new rules.

Will it affect renewals in the future?

The regulation does not provide clarity on whether CAJA fees for renewals will increase. This remains an open legal question.

Which Residency Categories Are Impacted?

The regulation contains contradictory language, making interpretation difficult. Initially, Section 1 states that the rule applies to:

• Costa Ricans who reside in the country

• Rentistas and Pensionados who do not work

However, Section 16 expands applicability to all migrants who do not work in Costa Rica, which could include:

• Pensionado residents

• Rentista residents

• Investor residents

• Other non-working residency categories

Given the inconsistencies, the regulation may inadvertently capture categories that were not originally intended.

Working definitions under the regulation

• Pensionado: A person who does not work and receives a foreign pension.

• Rentista: A person who does not work and receives guaranteed income from abroad.

The vague language opens the door to broader application, even though it appears the original intention was to apply the IVM requirement to Pensionado and Investor residents only.

Specific Issues Created by the Regulation

A. Retroactivity

The regulation applies only to individuals who begin the residency process on or after March 16, 2022.
It should not apply to those who initiated their residency before that date.

However, because the CAJA registration occurs at the end of the residency process—and because residency appointments have been delayed significantly due to COVID-19—many applicants who started long before 2022 are now being charged under the new rates.

This creates an unexpected financial burden, as many applicants planned their residency based on the previous fee structure.

B. Reasonability of IVM Contributions

A major question is whether requiring IVM contributions from non-working immigrants is reasonable.

To qualify for an IVM pension, a person must pay 180 monthly installments—equivalent to 15 years of contributions.
Most Pensionado applicants are already eligible for government pensions abroad, typically at age 65 or older.

This means:

A 65-year-old Pensionado would have to pay into CAJA for 15 years to qualify for an IVM pension at age 80.

This requirement is unrealistic, does not reflect the actual likelihood of receiving the pension, and raises questions about fairness and proportionality.

C. Equality and Non-Discrimination

Under the Costa Rican Constitution, foreign nationals must receive equal treatment to Costa Rican citizens.

However, under the new system:

• Costa Ricans may register voluntarily, pay income-based fees, and continue working.

• Foreign residents in non-working categories must pay income-based fees but cannot work and cannot access IVM benefits unless they meet the 15-year contribution requirement.

This creates a structural inequality where foreign nationals bear the financial burden without having access to the same rights or benefits as Costa Ricans.

D. Access to Healthcare

The regulation contains a six-month waiting period before foreign nationals can access healthcare services after registering.

This restriction is problematic because:

• Access to healthcare is a constitutional right in Costa Rica.

• CAJA’s purpose is not profit but public service and social protection.

• No similar waiting period exists for Costa Ricans enrolled through payroll.

Delaying healthcare coverage for immigrants creates an unreasonable barrier that conflicts with constitutional protections.

Meanwhile, the larger and more systemic financial challenges facing CAJA—particularly the significant debt owed by the Costa Rican government itself—remain unaddressed.

Next Steps about the new Caja regulations

Our commitment remains to protect the constitutional rights of our communities. As outlined above, the new CAJA regulation presents several legal inconsistencies and issues of equality, reasonability, and due process.

Our legal team is actively evaluating the options available to challenge or clarify these requirements. While we cannot guarantee the outcome, we will continue to advocate vigorously and transparently, sharing updates as we learn more.

Feel free to reach us with your questions or comments.