Partial Amendment to the Law No. 1155

September 30, 2024

On August 29, 2024, Law No. 10508 was published in La Gaceta No. 159, introducing amendments to Sections 15 and 18 of the Law No. 1155 law “Ley de Opciones y Naturalizaciones”.

The main change to Section 15 focuses on denying the possibility of naturalization to individuals who have been convicted in Costa Rica or abroad for an intentional crime and have received a prison sentence of over three years. Additionally, if an applicant for naturalization has pending criminal proceedings in Costa Rica or another country, their naturalization process will be suspended until a definitive court ruling is issued.

Exemptions from This Rule: Certain individuals are exempt from these restrictions, including:

Refugees: Foreign nationals recognized as refugees by Costa Rica, even if they had a criminal record prior to obtaining refugee status. This exemption applies as long as the criminal conviction did not impact their recognized refugee status granted by the relevant authorities, such as the Administrative Migration Tribunal.

Asylees or Stateless Persons: Individuals granted asylum or stateless status before receiving a criminal conviction may still be naturalized, provided the Ministry of Foreign Affairs was aware of the conviction when the status was granted. This exemption applies despite the criminal record; however, it does not extend to those who commit intentional crimes in Costa Rica or abroad after obtaining asylum.

The amendments to Section 18 clarify that any naturalization obtained through fraudulent means—such as providing false information or concealing a criminal conviction—will be rendered null and void. This applies even if the naturalization was initially granted in accordance with other legal provisions.

These changes aim to tighten the requirements for naturalization, ensuring that individuals with serious criminal backgrounds or those involved in fraudulent activities cannot obtain Costa Rican citizenship.

We at GM Attorneys will be pleased to help you with legal matters in Costa Rica! You can contact us at info@gmattorneyscr.com or visit our website and blog section at https://gmattorneyscr.com/blog/

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