🌈 Costa Rica: Providing Security and Equality for LGBT+ Migrants
By Herman Duarte, founder of Simple Legal Consulting -
Herman Duarte, is an immigrant from El Salvador who, after living in Costa Rica for 13 years, is now a proud Costa Rican. He holds master's degrees from Stockholm University and the London School of Economics and Political Science. Passionate about writing and research, Herman is the author of 2 books and over 200 op-ed columns.
Widely recognized as one of the top lawyers in the region and a leading expert in investment and immigration law in Costa Rica, Herman has also played a pivotal role in advancing LGBT+ rights, including marriage equality. Drawing from his personal experience as an immigrant, he uniquely understands the challenges of navigating the immigration system and offers expertise across various residency categories, including Investor, Rentista, Pensionado, Company Manager, Worker with Specialized Knowledge, Family Link Residency, and Digital Nomad Visa.
Herman is dedicated to helping others successfully transition to life in Costa Rica while promoting equality and inclusion for all.
Contact: www.simplecr.com | hd@simple-legal.consulting
In recent months, concerns have arisen among members of the LGBT+ community regarding the potential impact of conservative political shifts in the United States. While the political climate can feel uncertain, it is important to underline that the core legal framework protecting LGBT+ rights in the U.S. remains robust. The Obergefell v. Hodges decision, which established marriage equality nationwide, is a precedent grounded in constitutional law and fundamental principles of equal protection under the Fourteenth Amendment. Any attempt to reverse such a decision would require overcoming significant legal, political, and societal hurdles, making drastic changes unlikely.
However, the exploration of safer environments is understandable, particularly for those seeking a sense of long-term security. For many, Costa Rica has emerged as a promising alternative.
Costa Rica’s Legal Landscape for LGBT+ Rights
Costa Rica has made remarkable legal advancements in recognizing and protecting the rights of the LGBT+ community, positioning itself as a regional leader in Latin America. Here are the key legal pillars that guarantee these rights:
Marriage Equality: In 2018, Costa Rica’s Constitutional Chamber of the Supreme Court declared the prohibition of same-sex marriage unconstitutional (Resolution No. 12782-2018). This decision followed the Inter-American Court of Human Rights’ Advisory Opinion OC-24/17, which affirmed that member states must recognize marriage equality. As a result, same-sex marriages have been fully legal since May 2020.
Same-Sex Parenting: Costa Rican law permits joint adoption by same-sex couples, ensuring the best interests of the child and affirming that family diversity is protected under the Constitution.
Gender Identity Rights: The Supreme Electoral Tribunal issued regulations allowing transgender individuals to update their name and gender on identification documents, a critical recognition of the right to personal autonomy and self-determination.
Anti-Discrimination Framework: Costa Rica’s Labor Code explicitly prohibits discrimination based on sexual orientation and gender identity. Additionally, public institutions are required to guarantee non-discriminatory access to services, further bolstered by executive decrees aimed at eradicating homophobia and transphobia.
So in this context, here are some options for migrating to Costa Rica:
Investor: Individuals who invest at least USD$150,000 in real estate, company shares, vehicles, or securities can opt for residency. Reasons for investing in real estate vary from having a primary home, creating a vacation space, or simply generating passive income from short and long-term rentals. In any case, a real estate purchase in Costa Rica ensures cash flows due to the country's success as a premier tourist destination in Latin America.
Rentista: This category is ideal for those with a fixed income of USD$2,500 per month or by opening a bank account in Costa Rica and depositing USD$60,000 (which can be used during the two years the residency lasts).
Pensionado: Holders of a lifelong pension of at least USD$1,000 per month are also eligible for residency.
Company Manager: Ideal for entrepreneurs who do not have USD$150,000 to invest but can establish a corporation and apply for residency as its manager (this is how I moved in 2012).
Worker with Specialized Knowledge: Requires special skills and an assessment by the Ministry of Labor regarding the impact on local employment, to ensure that it does not displace local labor.
Family Link Residency: Parents of Costa Ricans, or those married to Costa Ricans or legal residents can apply for residency.
Digital Nomad Visa: For individuals earning at least USD$3,000 per month or USD$36,000 annually for singles, or USD$48,000 for families.
International Human Rights Obligations
Costa Rica’s commitment to LGBT+ rights extends beyond its borders. The country is a signatory to multiple international human rights treaties and adheres to the jurisdiction of the Inter-American Court of Human Rights(IACtHR). This ensures that any regression in LGBT+ rights would face significant legal challenges, both domestically and internationally. Advisory Opinion OC-24/17 is particularly noteworthy as it obligates Costa Rica to uphold and advance LGBT+ protections, embedding these rights within the broader framework of international human rights law.
Cultural and Legal Evolution
Despite these legal advances, Costa Rica’s journey toward full cultural acceptance is ongoing. The nation’s history as a Catholic confessional state has left a legacy of conservatism, particularly in rural areas. However, urban centers like San José are rapidly evolving, with growing visibility and acceptance of the LGBT+ community. Moreover, legal education and public awareness campaigns are steadily shifting societal attitudes toward greater inclusivity.
A Message of Reassurance
Both the U.S. and Costa Rica have legal frameworks that strongly protect LGBT+ rights. While political shifts may generate fear, it’s essential to focus on the legal safeguards in place. Costa Rica offers a secure and welcoming environment, with legal protections that ensure equality and dignity for all. But if you want to have a call, let us know, we are here to help you find peace of mind in moments of troublesome.