Costa Rica Residency for Same-Sex Spouses: The Two Routes

Yes. A same-sex married couple can get Costa Rica residency on exactly the same terms as any other married couple. Same-sex marriage has been legal here since May 2020, and Migración processes these applications through the normal categories. There are two main routes: residency through marriage to a Costa Rican, or residency as the spouse (dependent) of a foreigner who qualifies, for example as a pensioner, rentista or investor. Here is how each works, and what Migración asks you to bring.

Looking at all your options? Read our complete guide to Costa Rica residency, with every category compared.

Same-sex marriage in Costa Rica: the legal position

In August 2018 the Constitutional Chamber of the Supreme Court (resolution 2018-12782) annulled the rule in the Family Code that made marriage between two people of the same sex legally impossible. Article 14 of the Family Code now shows that clause as annulled, and same-sex couples have been able to marry in Costa Rica since May 2020.

Even before that date, Executive Decree 41329-MGP (December 2018), the regulation for recognising the immigration rights of same-sex couples, told Migración to recognise marriages and unions between people of the same sex that were legally recognised abroad, for temporary residency, permanent residency and special categories. Today a same-sex marriage is simply a marriage for immigration purposes.

Route 1: married to a Costa Rican

If your spouse is a Costa Rican citizen, you apply for temporary residency through marriage with a Costa Rican (Residencia Temporal con vínculo matrimonial con una persona costarricense). Besides the general requirements below, Migración’s list for this category asks for:

• A registered marriage. If you married outside Costa Rica, the marriage must first be registered with the Costa Rican Civil Registry (Registro Civil).
• A joint interview. Both spouses go to Migración, book through the 1311 line or the Migración website, and give an individual interview with a social worker to confirm the marriage. Both sign it. If either of you is not fluent in Spanish, bring an interpreter.
• Proof that you know each other, such as shared history, photos or correspondence.
• A copy of your Costa Rican spouse’s cédula, certified either by the official at the service desk against the original or by a notary.
• The government payment receipt for the application.

Couples in a de facto union (unión de hecho) with a Costa Rican need a certified court resolution recognising the union.

Route 2: married to a foreigner who qualifies for residency

If neither of you is Costa Rican, one spouse applies in a category such as Pensionado, Rentista or Investor, and the other applies as a dependent. For dependents, Migración asks the spouse to prove the marriage with a marriage certificate that is legalized or apostilled. Children’s applications are made by their parents.

The main applicant must meet the requirements of their own category. Our pages on residency for spouses and residency requirements explain each one.

Documents every applicant needs

Whichever route you take, Migración’s general requirements apply to each foreign spouse:

• A signed application, signed in front of the Migración official or with the signature authenticated by a lawyer.
• Two recent passport-size photos.
• A birth certificate from your country of origin, apostilled or legalized, and translated into Spanish by an official Costa Rican translator.
• A criminal record certificate from your country of origin or where you have lived legally for the last three years, apostilled or legalized. Citizens of the United States, Canada, Mexico, Brazil and other countries with local and federal records need a federal check by name, ID number and fingerprints.
• Copies of all the pages of your passport.

If you married abroad, your marriage certificate also needs an apostille and an official Spanish translation. See our guide to apostilled documents for residency.

In a civil union rather than a marriage?

Decree 41329-MGP refers to civil unions legally recognised abroad as well as marriages, but whether a union qualifies depends on how and where it was recognised. Talk to our immigration expert, Johanna, before you file, so you choose the right category.

From temporary to permanent residency

Temporary residency is renewed while you hold it. After three consecutive years as a temporary resident, you can apply for permanent residency; see our guide to permanent residency in Costa Rica.

Frequently asked questions

Does Costa Rica recognize same-sex marriage for residency?

Yes. Same-sex marriage has been legal in Costa Rica since May 2020, and Migración treats a same-sex marriage like any other marriage when you apply for residency.

Do we both have to go to the interview?

When one spouse is Costa Rican, yes. Both spouses attend an individual interview with a Migración social worker to confirm the marriage, and both sign it.

We married abroad. What do we need?

An apostilled or legalized marriage certificate with an official Spanish translation. If your spouse is Costa Rican, the marriage must also be registered with the Costa Rican Civil Registry before you apply.

Can my spouse be my dependent if I apply as a pensioner or rentista?

Yes. The spouse applies as a dependent and proves the marriage with a legalized or apostilled marriage certificate.

Requirements from Migración’s residency requirements page (migracion.go.cr/regularizacion), Executive Decree 41329-MGP and Article 14 of the Family Code on SINALEVI, checked 15 October 2026. General information only — confirm current requirements before acting.

Planning your move together? CRIE is an immigration law firm in Costa Rica with over 20 years of experience. Talk to our immigration expert, Johanna: WhatsApp +506 8373 2085 or email [email protected].