Due to the important immigration volume currently existing in Costa Rica, the 2010 modification to the General Immigration Law included a penalty system imposed on individuals who enter Costa Rica as tourists or under any other permanence category and remain in Costa Rican territory beyond the term granted in their tourist visa or without the corresponding permits.  Nevertheless, the Immigration Department, based on article 33 of the above indicated law, establishes for foreign nationals that enter the country under a tourist visa and request a change in their immigration category –for example, a residency application for Costa Rica-, as long as they comply with the legal requirements within the visa term, the possibility to remain in the country until their application has been resolved.  This is a measure that the immigration authorities have decided to apply due to the duration of their decisions on the different immigration procedures in Costa Rica, which have an important delay since the modification of the law.

The above mentioned penalties have not been applied since the time of initiation of the validity of the law, mainly waiting for the regularization of certain vulnerable sectors; however, there is already a statement by the Costa Rican Immigration Authorities determining that the penalties will be applied starting December 2014, being collected when the foreigner leaves the country, and therefore the individuals that extend their stay in Costa Rica beyond the days granted in their visa when entering the country will have to pay the penalty established depending on the time in which they overstayed, unless they legalize their immigration status by the means of a residency request (for example, annuitant residency, pensioner residency, residency because of a family relationship with a Costa Rican, investor residency, etc.), a work permit, or any other immigration category in Costa Rica.