Herman Duarte Explores Solutions to the “Perpetual Tourism” phenomenon in La República newspaper
Herman Duarte, founder of Simple Legal Consulting, was recently featured in an article in La República discussing various immigration categories and reforms.
Costa Rica’s current immigration policy allows citizens from certain countries to stay in the country for up to 180 days as tourists — and re-enter indefinitely without ever applying for legal residency. This creates a class of perpetual touristswho live in the country long-term without contributing to the local tax system, registering for social security, or being subject to background checks.
In this article, Herman Duarte, a Costa Rican attorney and founder of Simple Legal Consulting, explores how this legal loophole is contributing to gentrification, driving up rental prices, and affecting job opportunities for locals. He proposes realistic regulatory changes, such as limiting annual tourist stays and creating new immigration categories like the Green Visa and Social Investment Visa to attract sustainable, responsible migration.
If you're interested in immigration policy, sustainable tourism, investment migration, or Costa Rica’s legal system, this article offers a bold yet balanced perspective on how to reconcile openness with national planning.
Read the full article on this website, just scroll down and. the original in spanish here: “Turismo perpetuo: el agujero negro de la política migratoria costarricense”
At Simple Legal Consulting, we remain committed to providing legal and strategic solutions to some of Costa Rica’s most pressing issues.
The Problem with Perpetual Tourism in Costa Rica: Why We Need Smarter Immigration Rules
In recent years, Costa Rica has become more than just a vacation destination. It's a place where thousands of foreigners have decided to stay long-term—not through legal residency channels, but by renewing tourist visas over and over again. This phenomenon, known as “perpetual tourism,” has gone largely unchecked. And while it may seem harmless at first, it has serious consequences.
A loophole turned lifestyle
Under current immigration rules, citizens from countries like the U.S., Canada, much of Europe, and parts of Latin America can enter Costa Rica as tourists for up to 180 days. Once those days are up, they can simply leave the country for a few hours—usually to Nicaragua or Panama—and return the same day to reset the clock.
There is no legal limit on how many times someone can do this. In practice, it means many foreigners live in Costa Rica for years as "tourists," without paying into the country’s social security system, without background checks, and without ever becoming official residents.
Who pays the price?
This legal loophole may work well for digital nomads, early retirees, or lifestyle migrants—but it’s local communities who feel the pressure.
Rents go up, especially in coastal towns, because short-term and high-income tenants are willing to pay more.
Local job markets become distorted, as some foreigners work informally without permits, often for lower wages than nationals.
Public services like healthcare feel the strain, particularly as some perpetual tourists begin using the national system unofficially or through emergency access.
And perhaps most importantly, the legal framework becomes meaningless, undermining the rule of law and the principles of fairness and reciprocity.
A call for intelligent regulation
This is not about xenophobia or closing borders. It’s about responsible governance.
Costa Rica has every right to welcome foreign residents—but it should be on clear terms that ensure fairness, sustainability, and mutual responsibility.
In my recent article, I outline a series of reforms that could address this issue, many of which could be implemented without a legislative overhaul:
Reduce the number of days allowed per tourist entry, especially for Group 1 countries (those currently allowed 180-day stays).
Set a cap on total tourist days per year—for example, 180 days total per calendar year, regardless of re-entries.
Increase penalties for overstaying beyond visa terms. The current $100-per-month fine is insufficient and rarely enforced.
Introduce new migration pathways, such as:
Green Visa: Residency in exchange for a direct contribution to the State (e.g., USD $50,000), with proper vetting and transparency.
Visa for Social Investment: For those who invest in certified public benefit projects—housing, healthcare, education.
Community Impact Visa: For foreigners already contributing to rural or coastal development through tangible work in sustainability, agriculture, or education.
Allow for differentiated processing times and fees, including express tracks, to generate income and improve efficiency.
What this is—and what it isn’t
These proposals are not about closing the door. Costa Rica has long benefited from migration and should continue to do so. But it’s time we stop confusing openness with passivity. Allowing thousands to live in legal limbo, while locals face rising costs and increased competition, isn’t a welcoming policy—it’s a failure of planning.
We must protect what makes this country attractive in the first place: its social stability, its environmental balance, and its commitment to fairness.
Let’s move from improvisation to intention
It’s time for Costa Rica to evolve its immigration framework—not reactively, but with vision. A country that plans its growth is a country that thrives. And those who want to be part of it, legally and responsibly, should be more than welcome.