Countries › Costa Rica › Guide › 8. Immigration › Overstays, cancellation of residence and deportation in Costa Rica: the US$100 monthly fine and the five year ban

Overstays, cancellation of residence and deportation in Costa Rica: the US$100 monthly fine and the five year ban

Last verified: 2026-10-29 · Status: Stable

A foreigner who stays beyond the authorised term must pay US$100 per month of irregular stay or accept a ban on re entry for three times the overstay. DGME cancels residence for breaches such as unauthorised work, not paying taxes, long absences or not renewing within three months of expiry. Deportation carries a five year re entry ban.

Colón figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), which is also the rate Ley 8764 tells payers to use for fees set in dollars. Fines set in salarios base use the 2026 salario base of ₡462,200 (Circular 246-2025 of the Consejo Superior del Poder Judicial, under Ley 7337 art. 2).

Key facts

Overstay fine per month	100 USDLey 8764 art. 33(3), as of 2010-03-01 · in force
Re entry ban after deportation	5 yearsLey 8764 art. 185, as of 2010-03-01 · in force
Months after expiry before non renewal is a cancellation ground	3 monthsLey 8764 art. 129(10), as of 2010-03-01 · in force

The rule

1. Foreigners must leave when their authorised stay ends unless they applied for a change of category or extension; any irregular stay costs a fine of US$100 for each month or, failing payment, a ban on re entry for three times the irregular stay.
Cost to do it: US$100 per month (₡45,482)
Example: Four months over: 4 x US$100 = US$400, about ₡181,928. / US$400Ley 8764, art. 33(3), 2009-08-19 official text · verified 2026-10-29

2. A tourist who overstays but meets requirements for a migration status must pay the art. 33(3) fine and has 90 days to complete the procedure.Ley 8764, art. 91, 2009-08-19 official text · verified 2026-10-29

3. DGME may order an irregular foreigner to regularise (once, for parents of Costa Rican or resident minors) or to leave within up to 10 days; non compliance makes deportation final.Ley 8764, art. 128, 2009-08-19 official text · verified 2026-10-29

4. Residence is cancelled for failing the conditions of grant, not paying taxes, entering or leaving by unauthorised points, absences (over four years for permanent, two for temporary residents), false documents, unauthorised paid work, security threats, failure to renew within three months of expiry and sham marriages.Ley 8764, art. 129, 2009-08-19 official text · verified 2026-10-29

5. Deportation applies to clandestine entry, entry or stay obtained with false documents, overstay and failure to leave when ordered; the deported person cannot return for five years unless the Director General authorises it.Ley 8764, art. 183 and art. 185, 2009-08-19 official text · verified 2026-10-29

6. On deportation after cancellation, the guarantee deposit is used to cover costs.Ley 8764, art. 131, 2009-08-19 official text · verified 2026-10-29

Worked example

A tourist who leaves two months after the authorised stay ended pays 2 x US$100 = US$200 (₡90,964) or faces a re entry ban of six months.

Step by step

File any change of category or extension before the stay ends.
Renew residence cards before expiry; never let three months pass.
Keep tax and CCSS records current, since both feed renewals.

Common traps

The Sinalevi notes on art. 33(3) record executive decrees postponing collection of the fine in 2018 and during the 2020 emergency; check current practice at the border.
Working without authorisation is itself a cancellation ground, separate from the employer's fine.

Sources

← Employer duties when hiring foreigners in Costa Rica: status checks, inspections and fines of 2 to 12 salarios baseCCSS insurance and tax status of foreign residents in Costa Rica: what immigration law requires →

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