Immigration and Naturalization

Our office specializes in advising and representing our clients as individuals or Companies (employers) in any of the Immigration Categories under which they can legally remain in Mexico to carry out Unpaid Activities, Labor Activities or  of Family Unity .

 

Currently, the Migration Law establishes three main migratory categories, so-called conditions of stay to replace the more than 30 migratory categories, and the modalities provided in the previous General Population Law.

The condition of stay is assigned by the authorities of the National Institute of Migration to a foreigner based on his "intention of residence" as follows:

  1. Visitors

  2. Temporary Residence

  3. Permanent residence

And likewise, we advise people who, having fulfilled the term of the Law, wish to obtain their Letter of Naturalization .

I. Migratory Categories

 

Visitors

 

Visitor status allows short-term entry into Mexico for various purposes, such as tourism, business, transit, among others.

A business visitor can participate in limited short-term activities as authorized by Mexican immigration authorities for up to 180 calendar days (or 6 months).

A visitor visa for Mexico can be obtained at the Mexican Consulate abroad. Some countries do not require a visa to enter Mexico. Likewise, some people may exempt the visa requirement based on programs that allow entry to national territory, such as:

  • Valid US visa;

  • Proof of permanent residence in Canada, Japan, Great Britain and the Schengen area countries

  • APEC Business Travel Card (ABTC) approved by Mexico

  • Certificate that certifies that the foreigner is a member of the crew of an aircraft or maritime transport that arrives in the country.

 

Business visitors only need to fill out the FMM (Multiple Migration Format) form that is provided either during their flight to Mexico or at the port of entry; The migration officer may request evidence that demonstrates the purpose of the trip in a discretionary way, such as hotel reservations, return tickets to the country of origin, letter from the employer, letter of invitation from the Mexican entity they visit or any other supporting documentation. that can be requested by the immigration authorities.

Temporary Residence

 

This condition of migratory stay replaces most of the old FM3 and FM2 visa categories and works for those who enter the country for the purpose of  I study, as foreigners with a job offer issued by a Mexican company, under the assumptions of family union (as a Mexican wife or husband, among others).

The foreigner is authorized to remain within Mexican territory for more than 180 days for a maximum period of 4 years, provided that he or she demonstrates that they meet one of the established qualification criteria, such as:

  1. Demonstrate financial solvency

  2. Take part in a research project or collection of the scientific sample within Mexican territory

  3. Have family ties in Mexico

  4. Receive an invitation offered by a public or private entity to participate in an economic or non-economic activity within Mexican territory

  5. Have your own real estate in Mexico

  6. Be an investor

 

Permanent residence

 

Foreigners with permanent residence can remain indefinitely in Mexico, this  legal status allows foreigners to carry out any activity  lucrative legal in the country.

The term to obtain permanent residence is after having completed a period of 4 years under a temporary residence status, among other assumptions provided for in the Immigration Law.

Permanent residence can also be obtained by other means:

  • Points system - In order to attract professionals and specialized technicians, and develop training and growth in different areas, a points system is established through which foreigners can acquire the characteristic of Permanent Resident (with the right to enter and leave the country and carry out all kinds of lucrative activities) complying with a system of points for  education and work experience.

 

  • Family unit - The foreigner contracts family ties with a Mexican.

 

1. Work Visas

We have the knowledge and experience to assist companies in immigration procedures to obtain temporary residence with permission to work in Mexico (colloquially called "work visa") of their foreign personnel. We have worked with industries in the automotive, energy, oil, telecommunications, construction, hotel and restaurant sectors, as well as small and medium businesses in Mexico.

We know the importance that immigration procedures have for companies, when bringing expatriates to Mexico, so we are committed to following up on each of the immigration procedures entrusted to us, as well as informing our clients about their status. .

We can also support foreigners who wish to carry out the immigration process to obtain temporary residence with permission to work in Mexico.

- Work permits

 

A Work Permit authorizes a foreigner to legally work in Mexico and receive payment for their services. To obtain it, the foreigner must have an offer of employment from a natural or legal person who has his Employer Certificate issued by the National Migration Institute. The foreigner is granted the status of stay of  Temporary Resident with Permit to Work, as well as his corresponding card, with which he can remain in national territory as well as enter and leave it, for up to one year from its issuance.

- Employer Certificate

The Employer Certificate is the document issued by the National Migration Institute, which authorizes a Mexican natural or legal person (either a company or an individual) to issue job offers to foreigners. Job offers are necessary in order to apply for the  temporary residence with permission to work, which allows the foreigner to legally reside in Mexico and work.

Employers that have an Employer Certificate are obliged by immigration laws to notify the National Migration Institute of any change in information (such as company name, address, labor list). The last annual tax return is also required, in order to verify that the company is active.

- Visitor with Permission to Perform Paid Activities

 

This condition of stay authorizes a foreigner to stay in the national territory for a period of 180 days (or 6 months) and carry out paid activities for that time. Any of the following requirements are required:

  1. Job offer issued by a natural or legal person who has an Employer Certificate.

  2. Invitation by any authority or academic, artistic, sports or cultural institution, indicating that the services provided by the foreigner will be in favor of the institution that extends the invitation.

  3. Evidence that shows that the foreigner comes to Mexico to carry out paid activities for a specific time, in accordance with inter-institutional agreements entered into with foreign entities.

- Border Worker Visitor

 

Authorizes a foreigner who is a citizen of one of the countries that borders Mexico (United States of America, Guatemala and Belize) to stay in the national territory for 1 year in certain states determined by the Ministry of the Interior.

2. Family Unity

 

Foreigners with the conditions of temporary and permanent residents will have the right to the preservation of the family unit, so they may enter with or subsequently request the entry of the following people:

  • Father or mother.

  • Spouse. You will be granted the status of temporary resident for two years, after which you will be able to obtain the status of permanent resident, as long as the marriage bond subsists.

  • Concubine, concubine, or equivalent figure. You will be granted the status of temporary resident for two years, after which you will be able to obtain the status of permanent resident, as long as the cohabitation subsists.

  • Children of the permanent resident and the children of the spouse or common-law partner. as long as they are girls, boys and adolescents and have not contracted marriage, or are under their guardianship or custody, and

  • As long as they are girls, boys and adolescents and have not been married, or are under their legal representation.

 

Mexicans will also have the right to the preservation of the family unit, which is why  They may also request, upon entering the country or later, the entry of the following people:

  • To your father or mother.

  • To your spouse, to whom or who will be granted the status of "temporary resident" for two years, after which they may obtain the status of "permanent resident" as long as the marriage bond subsists.

  • To your common-law partner or your common-law wife, proving said situation in accordance with the assumptions indicated in Mexican civil law, granting the status of "temporary resident" for two years, after which, you may obtain the status of "permanent resident" as long as when the concubinage subsists.

  • To their children born abroad, when, in accordance with Mexican law, they are not Mexican.

  • To the children of the spouse, common-law or foreign concubine, as long as they are girls, boys and adolescents and have not contracted marriage, or are under their legal representation.

  • To their siblings, as long as they are girls, boys or adolescents and have not married or are under their legal representation.

II. Naturalization

 

Naturalization is the process by which a citizen of a foreign country acquires the nationality of another, acquiring links that oblige him to remain legally in the country.

The naturalization process in Mexico is based on the Nationality Law and its regulations,  the process is conducted by the Ministry of Foreign Relations  and is authorized when the following are met  legal assumptions:

  1. Naturalization by residence

  2. Naturalization letter to be a direct descendant of a Mexican.

  3. Naturalization for having Mexican children by birth.

  4. Naturalization for having married a Mexican man or woman.

  5. Naturalization for having carried out outstanding works in cultural, scientific, technical, artistic, sports or business matters.

  6. Naturalization letter for being from a Latin American country or the Iberian Peninsula.