Is the Temporary Special Category (CET) a beneficial change?
In the following lines I try to explain my analysis of the Temporary Special Category and its predecessor the Complementary Protection Category.
First, both categories are more beneficial and better than the refugee solicitude, as long as the person knows that he/she cannot meet the background requirements of proof of political persecution and so on.
Second, for minors it is often (not 100% of the time) better to switch from refugee solicitude to this category. Even though it is still better to try to analyze the student category instead of going to the CET.
Third, it is considered that both categories under analysis can be converted to NATIONALITY (naturalization) after having them for 5 full years (according to the Political Constitution, and the law 1502 and Related Naturalization Regulations). I personally would be very happy if this happens. But, I have my doubts about it since the format of this DIMEX is not a cédula, but a carnet. It is issued by the Refugee Unit, not by the Department of Immigration Management. There is ambiguity and we do not know for sure that it will be considered an “official” document or it will be recognized as unofficial as the refugee applicant card and its respective work permit.
Fourth, this status can never be converted to a residency because according to article 78 of the law and 8764 only temporary residencies can be converted to permanent residency by meeting certain requirements (such as continuity for 3 years) of substance and form.
Fifth, for the moment, according to Immigration Department these card exempts the foreign person from visa. But it is necessary to know that articles 50, 51, and 52 of the law 8764 only resident persons are exempted from visa and not persons with special category or non-resident category.
Article 50.- Foreigners who enjoy legal migratory permanence under the category of residents, shall not require a visa to enter the country, provided they prove such migratory condition. … ¨
Article 51.- Foreign persons who intend to enter under the migratory category of non-residents, except for the exceptions determined by the general guidelines for entry and stay visas for non-residents, shall require the corresponding entry visa. …¨
Article 52.- Foreigners who intend to enter under the special categories, with the exception of the subcategories of refugees, stateless or asylum seekers, will require the corresponding entry visa, …¨.
Although one can interpret these articles, but perhaps for these reasons is that the DGME in its clarifying document on Venezuelan visa with the name of ¨INFORMACIÓN SOBRE CAMBIOS EN LAS DIRECTRICES GENERALES DE VISAS DE INGRESO Y PERMANENCIA PARA NO RESIDENTES¨ in question number 8 keeps the answer ambiguous:
¨8. Do residents need to apply for a visa?
Resident persons should not apply for a visa¨.
As you can see, this answer is ambiguous since it does not specify that “resident persons” are those who have the DIMEX of approved permanent resident or temporary resident categories. Or does it also include any person residing in the country with any approved DIMEX of any category whatsoever. For example, is a person with an approved student DIMEX is exempted from visa requirements?
For the moment DGME’s practice at the border posts (land, airports, etc.) has been to accept this broad interpretation and exempt all those persons who have any approved DIEMX including the special category complementary protection card. But we have not seen any formal document specifying this ambiguity and evacuate doubts and we do not know when DGME will decide to change its interpretation and apply articles 50, 51 and 52 of law 8764 on visa matters.
Final words:
My recommendation as an expert person in this area is:
- If you have the possibility of a stable and secure residency, always residency is better than this card.
- If you have the possibility of residency, but you do not know that it will be safe or stable, change your application from refugee status to Temporary Special Category and go on planning the way and building the background requirements, with the advice of the expert and honest people, so that in a few years you can get the residency in a safe and stable way by changing from CET to residency.
- If you need a work permit from the refugee status, or if you are unable to obtain a residency, do not hesitate to change from refugee status to this category. But, be careful that this category must be done completely and without missing any requirement.
- If you have minor children, it is necessary to analyze the matter well with comprehensive advice from honest experts and with great care in not only legal issues, but also economic and social issues of every family. Often, depending on the age of the minor and the family situation as a whole, there are different results. It is not an absolute issue. What works for one child may not work for others.
- Look to the future. Look at yourselves 5 to 10 years down the road. If everything goes to the disadvantage of the immigrants in this country, i.e. Costa Rica’s immigration policy takes the course it has started, you should think of more stable and better solutions for the future.
