Immigration is now accepting same-sex spouses/partners to be included as dependents in all immigration categories, including Temporary and Permanent Residencies, if a duly apostilled/legalized marriage/union certificate is provided.

This means that same-sex couples whose relationship is duly recognized in the country of occurrence no longer need to apply independently and can now request Residency as a family unit, as principal and dependent.

This transitory rule comes as a result of advisory opinion OC-24/17 of the Inter-American Court of Human Rights. It is to be expected that once gay marriage is fully regulated in Costa Rica, the ruling will become permanent. Congress has until May 2020 to pass the apposite laws pertaining to gay marriage.

Whilst these are fantastic news, same-sex couples that include a Costa Rican national will still need to wait for the country´s regulation of same-sex marriage. Consequently, Residency for Spouses or Citizenship based on marriage to a Costa Rican national are not impacted by this transitory rule.

Furthermore, Immigration will now receive requests for name, picture and gender changes in the Immigration Identity Document for Foreigners (DIMEX). To do so, foreign nationals will need to present not only a form but also a, apostilled/legalized document issued by the pertinent authority of the country of origin certifying and acknowledging the change. The gender identity recognition will be granted once, however, foreign nationals may retract the request for a change.

These temporary measures are undoubtedly welcomed for the interim between now and May 2020.