On July 4, the Regulations to attract remote workers and service providers of an international nature, Decree number 43619 H-MGP-TUR, was published and entered into force. This Regulation incorporates three important elements that suggest that its processing before Immigration will be expeditious. In this blog we analyze these changes.
The first element is that the processing, as indicated in the Regulations, will be preferential before the Immigration authorities. This element goes hand in hand with other types of migratory categories that have a preferential character in Migration (such as the categories regulated in Decree 36576-G-COMEX) and that allow a quick resolution by the Authorities.
The second element is the term to issue a response. The General Law of Immigration and Aliens gives the Immigration authorities three months to respond to a request once it is complete. This period can be extended even more if there are further requests from the Immigration authorities in the file. The new Regulations give the Immigration Authorities only 15 calendar days to respond to the request once it is complete, which is a much shorter amount of time than that allowed for other types of categories. Although there could be a case in which this term is not met, the fact that the Regulations stipulate a specific term to respond allows the foreigner to file administrative or even judicial actions to guarantee that this time is respected.
The third element is the one-time prevention system. This change is in line with the precedents of the Administrative Migratory Tribunal. It has been reported that in certain cases the Immigration authorities issued further information requests to the foreigner, which prevented him/her from obtaining a quick response to his filing. With this change, the foreigner will know, no later than the fifth day, any omitted or incomplete documents in the file.
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M.Sc. Ana Isabel Sibaja Rojas
CELIG – Center for Equal Litigation