What Happens If My Residency Application Is Denied?

The Immigration Department has the authority to approve or deny residency applications. However, decisions are not always accurate, and there may be valid grounds to challenge a denial.

We understand how frustrating it can be to receive a rejection notice, and we want to assure you that having a strong legal team to support you can make all the difference in moving forward. Each residency application is unique, and the outcome can vary depending on individual circumstances. If your application is denied, you may have the option to appeal the decision. Whether or not you can appeal depends on the specifics of your case.

Appealing a Denied Application

If your residency application is denied and an appeal is possible, you are legally permitted to remain in the country while the appeal is being processed. This means that your status will remain unchanged until a decision is made by the Administrative Immigration Tribunal (TAM). The typical timeline for receiving a response from TAM is between 10 to 12 months, as they process all appeals from the Immigration Department.

In our experience, the success rate for appeals is high. Many denials occur due to errors or incomplete information, and the Administrative Immigration Court often rules in favor of the applicant. If the appeal is successful, TAM will instruct the Immigration Department to review the case again and issue a new resolution. Common reasons for a denial include missing documents, and in such cases, TAM may order the Immigration Department to request the missing documents instead of outright rejecting the application.

What If I Can’t Appeal?

If your residency application is denied and no appeal is possible, you will need to leave the country (perform a “border run”) and submit a new application if you wish to pursue residency. Depending on the reason for the rejection, we will advise you on the best course of action. In some cases, it may be wise to explore a different residency category that better suits your situation.

Reapplying for Residency

When reapplying, certain documents from your previous application may be reused, such as your birth certificate and fingerprint receipt from the local police station. However, you will need to obtain updated documents, including a new Criminal Background Check and, if applicable, a new marriage certificate. Both of these documents must be apostilled.

Additionally, the initial government filing fees will need to be paid again, and the specific requirements of your residency category must be resubmitted.

Our Commitment to Your Success

While the ultimate goal is to secure an approval notice, it’s important to understand that the Immigration Department is a public institution, subject to bureaucracy and regulations. The best approach is to ensure that your application is complete and free of any missing documents, as the officer reviewing your case will evaluate everything according to their criteria.

Rest assured that we will work diligently on your behalf and provide comprehensive guidance throughout the entire process. Our aim is to ensure a positive outcome and to offer solutions in the event of any setbacks, ultimately helping you achieve your goal of becoming a resident of Costa Rica.

If you have any questions or would like to discuss your case further, please don’t hesitate to get in touch. We’re here to assist you!

María José Mathus
Immigration Specialist
Tel: (506) 2103-7294
Email: mjmb@quatro.legal

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.