An increasing number of individuals aspiring to live in Costa Rica are reporting denials of legal residency status, accompanied by growing concerns about government officials’ refusal to assist or allow appeals. Many of these future expats have already spent months navigating a costly and complex process in the hopes of becoming contributing residents of the country.
After receiving numerous complaints from aspiring expats, Yves Pepito Malette visited the office of Marcela Gurdian, a well-respected immigration lawyer in San José, to uncover the truth behind these rising frustrations.
“There’s a growing sense of helplessness,” says Gurdian, explaining how recent internal changes within the immigration department have revoked the right to appeal residency denials — a decision many experts argue lacks legal grounding. “The department takes steps forward, but somehow manages to go backward even faster.”
A Broken System?
The immigration office, dealing with a massive backlog, has implemented new internal rules that appear to make the residency process even more opaque. Many who are on the brink of being denied feel as though they are left with no recourse. In a candid conversation, Marcela Gurdian sheds light on the bureaucratic red tape and internal struggles within the immigration department, offering insight into how these new rules have created a crisis of confidence for those looking to call Costa Rica home.
Costa Rica’s refusal to allow appeals in residency denials is a troubling shift that undermines its reputation as a welcoming nation. The bureaucratic opacity and lack of recourse for future expats cast a shadow on the country’s immigration process. As Marcela Gurdian advocates, ensuring transparency and fair treatment is not only vital for the immigrants but also for the integrity of Costa Rican law. Without changes, Costa Rica risks alienating those who could contribute significantly to its economy and culture.
Peter Thompson – an expat living in Puerto Viejo Costa Rica
Yves Pepito Malette didn’t hesitate to ask Marcela Gurdian whether Costa Rican President Rodrigo Chaves was aware of this growing problem. Gurdian responded, « It’s unlikely the president is fully informed of the chaos within the department, » citing the complex layers of bureaucracy that often shield higher government officials from the true state of affairs.
During the pandemic, Costa Rica saw an influx of new immigrants, many of whom were praised for their economic contributions to the country. Even President Chaves acknowledged the critical role expats played in boosting the economy. However, while the desire to welcome expats remains, the resources to support this policy have not been properly allocated within the government.
A Call for Transparency and Fairness
« The immigration department’s refusal to allow appeals is damaging not just to future expats, but to Costa Rica’s image as a welcoming nation, » Marcela Gurdian stated. « I’ve decided to be transparent with my clients and use all legal avenues to fight these unfair denials. »
Despite the immigration department’s stance on not allowing appeals, Marcela Gurdian remains unwavering in her commitment to justice. She affirms that this refusal goes against the true spirit of Costa Rican law, which historically has prioritized fairness and due process. In response, Marcela has made the decision to take her clients’ cases beyond the administrative level, appealing to higher courts where the legal framework governing immigration can be more rigorously tested.
Marcela acknowledges that this route is not without its challenges. It requires substantial time, financial resources, and legal expertise. However, she is devoting her practice to this fight, knowing that the outcomes of these cases could set crucial precedents for all future immigrants.
“I’m not just fighting for my clients,” she says. “I’m fighting for the future of immigration in Costa Rica. If we don’t stand up now, we risk turning away individuals who would contribute greatly to this nation’s growth.”
For Marcela, it’s about preserving the integrity of Costa Rica’s legal system and protecting the rights of those who wish to make this country their home. “We can’t allow bureaucratic hurdles to close the door on so many people who have invested their time, energy, and dreams into becoming part of Costa Rican society.”
The growing backlog and inefficiencies within Costa Rica’s immigration department reveal deeper systemic problems. While expats have bolstered the economy, the government has failed to allocate sufficient resources to support this influx. The inability to appeal residency denials and the temptation for corruption are symptoms of a broader issue—ineffective governance.
Jennifer Martinez – Miam Florida
An Uncomfortable Truth: Corruption To Fight Delays
Adding to the frustration, Pepito notes how delays in the residency process have prompted some applicants to offer bribes or pay for expedited services. Gurdian strongly advises against this, reminding people that government employees are paid to serve the public fairly and that any attempt to cut corners could backfire.
The message is clear: Costa Rica must align its immigration policies with its reputation as a haven for expats. If not, the dream of peaceful residency will remain out of reach for many. As Marcela Gurdian fights to reform this system, she encourages expats to remain persistent and hopeful, believing that positive change is still possible — if the community stands united in its efforts.
Click on the link below to see the entire interview with Marcela Gurdian on Pepito Live
