ICLG – Corporate Immigration Laws and Regulation – México covers common issues in corporate immigration laws and regulations – including compliance, investment work permits and – in 32 jurisdictions.
Edgar Mayorga Compean
De la Vega Martínez Rojas
2. Business Visitors
3 . Immigration Compliance an Illegal Working
4. Corporate Immigration – General
5. Highly Skilled Visas
6. Investment or Establishment Work Permits
7. Temporary Work Permits
8. Group or Intra-Company Transfer Work Permits
9. New Hire Work Permits
10. Conditions of Stay for Work Permit Holders
12. Permanent Residence
13. Bars to Admission
1.1 What are the main sources of immigration law in your jurisdiction?
Mexico’s legal system is based on civil law.
The Mexican Immigration law is federal in nature and applies throughout the country to entities operational therein. It establishes the rights and obligations of foreigners and the various degrees of immigration rules permitting foreigners to enter Mexico for the purposes described in the respective immigration conditions.
The Law is enforced by the Migratory Law Regulations, the Guidelines for Immigration Procedures, the General Guidelines for the issue of Mexican visas by the Ministry of Foreign Affairs and the Federal Law of Administrative procedures.
1.2 What authorities administer the corporate immigration system in your jurisdiction?
The authorities who administer the corporate immigration system are the Ministry of the Interior, the National Immigration Institute (INM) and the Ministry of Foreign Affairs.
The principal activities of these authorities are as follows:
- The Ministry of Interior is responsible for formulating and conducting the immigration and humanitarian policies, as well as monitoring borders and the entry points to Mexico by land, sea or air, guaranteeing in terms of law freedom of transit in coordination with other federal authorities.
- The INM is the only authority who may grant employment authorisations and is responsible for the execution, control and supervision of all acts related to corporate immigration permits. The Ministry of Foreign Affairs through its different consulates provides assistance to the INM to receive, process and to grant visa applications in accordance with the Law.
1.3 Is your jurisdiction part of a multilateral agreement between countries (EU/NAFTA/MERCOSUR) which facilitates the movement of people between countries for employment purposes?
Mexico has signed different free trade agreements facilitating the temporary entry of business persons to conduct non-remunerated activities in Mexico for a maximum period of 180 days without requiring an employment permit to Mexico.
The hiring of any new foreign employee must be requested through an admission permit, since the new Rules for Immigration Procedures do not permit the change of visitor condition (those entering the country as visitors/tourists or business people cannot be granted work permits as temporary residents with paid activities unless the foreigner has a link with a national person).
2. Business Visitors
2.1 Can business visitors enter your jurisdiction under a relevant visa waiver programme?
Yes, business visitors must bring documents to prove the reason of their visit (invitation letter issued by a Mexican company). They will be provided with a migratory format (FMM) in which they must check the box “Business”. They will be interviewed by an immigration officer, who must state the reason for the visit as a business visitor without an income in Mexico.
According to the current immigration rules, there are certain nationalities that may be eligible for a business visitor category showing his/her passport at the port of entry into Mexico. The following link provides the list of the nationalities who require or do not require a Mexican visa to enter into Mexico: (Hyperlink).
Nationals from different countries are exempted from a visa requirement under the following circumstances:
- The foreign national has a document proving a lawful permanent residence in Canada, the United States of America, Japan, the United Kingdom of Great Britain and Northern Ireland, any of the countries that make up the Schengen Area or a country member of the Pacific Alliance (Chile, Colombia and Peru).
- The foreign national is a holder of a valid US visa.
- The foreign national is a holder of an ABTC visa under the APEC regime.
2.2 What is the maximum period for which business visitors can enter your jurisdiction?
The Law establishes that a business visitor is authorised to transit and be in the country for a fixed period of 180 days, without authorisation to receive an income in Mexico.
2.3 What activities are business visitors able to undertake?
Foreigners may be eligible for business visitor entry if they will participate in business activities of a commercial or professional nature in the country which they are visiting, including, but not limited to:
- Consulting with business associates.
- Travelling for a scientific, educational, professional or business convention, or a conference on specific dates.
- Settling an estate.
- Negotiating a contract.
- Participating in short-term training.
- Transiting through the foreign country.
- Intends to remain on the payroll of the company in the home country.
2.4 Are there any special visitor categories which will enable business visitors to undertake work or provide services for a temporary period?
No, business travellers enter into Mexico with the immigration condition as Visitors. For business people or technicians who travel to Mexico for a period of no longer than 180 days to hold business meetings or provide technical assistance to Mexican clients or to their Mexican subsidiary, on behalf of their foreign employer, such individuals must bring with them the documentation to enable them to demonstrate conclusively the reason for their trip to the country, since the immigration agent at the entry point will interview the foreigner and will check if he/she has the necessary documentation to motivate his/her visit to the country.
2.5 Can business visitors receive short-term training?
Yes, business visitors are permitted to stay in the country for short-term training. Since the current immigration law does not contemplate a minimum length of stay, the foreigner will be able to stay for a specific period of time in the country. The Mexican immigration agent will authorise the length of stay on the immigration form (FMM) received at the port of entry into Mexico.
3. Immigration Compliance and Illegal Working
3.1 Do the national authorities in your jurisdiction operate a system of compliance inspections of employers who regularly employ foreign nationals?
Yes, the INM has total discretion to inspect companies to certify that the information provided for the immigration permits is appropriate and that the company exists and is operational.
The Institute shall verify that foreign persons who are in the national territory comply with the obligations set forth in the laws. The immigration authorities will substantiate the corresponding procedures and apply the sanctions, without prejudice to the provisions of other federal regulations, observing at all times respect for human rights.
3.2 What are the rules on the prevention of illegal working?
Mexico has been the first country to adopt the Global Compact for Immigration promoted by the United Nations to ensure a safe, orderly and regular flow of immigration. In accordance with the Global Pact, Mexico has stopped deporting Central American immigrants.
This administration has implemented a new immigration policy based on two pillars: the defence of immigrants’ rights; and the promotion of economic development from a humanitarian perspective, in order to address the causes of immigration.
Mexico has granted legal status to some foreigners who entered the southern border to document their entry and facilitate their incorporation into the labour market. This is offering immigrants better protection of their human rights.
This new stage will work with the following premises:
- Regular, orderly and safe migration with respect for human rights.
- Assisted return of immigrants, with a human rights approach.
- Coordination with international agencies.
- Transparent efforts and the fight against corruption.
The general objectives of these plans are: to generate sustainable development and opportunities at the local level in an articulated manner, guaranteeing rights throughout the immigration cycle, improving economic performance, and generating investment conditions that facilitate trade in the region; to provide a first place of reception, to strengthen shelters, and to encourage the integration and participation of immigrants in the country’s regional economy; and to develop a model of shelter, which includes medical care, immigrant-service modules, security, collection of supplies for their care and conditions of cleanliness.
3.3 What are the penalties for organisations found to be employing foreign nationals without permission to work?
The INM offices will impose penalties for organisations found employing foreign nationals without the proper immigration permit, within the limits indicated for each infraction, based on its severity and the degree of responsibility of the offender, taking into account the following aspects:
- the socio-economic circumstances of the offender;
- the external conditions, the background of the offender and the means of execution;
- recurrence in breach of obligations;
- the amount of the benefit, profit or loss or damage derived from the breach of obligations; and
- the hierarchical level of the offender and his seniority in the service.
4. Corporate Immigration – General
4.1 Is there a system for registration of employers who wish to hire foreign nationals?
The immigration legislation binds companies to obtain a certificate of registration as an employer with the INM (basic record), an essential requirement to apply for a work permit for foreign staff to work in Mexico.
The proof of registration of the employer will allow them to prove their legal personality and faculties in such a way that in subsequent procedures in which they function as promoters or offer a job, they will only need to submit the updated proof for the purpose of accrediting legal personality and powers of attorney.
Mexican companies who hire foreign staff must be registered before the Mexican Tax authority and must also provide a copy of the registration before the Public Registry of Commerce and fulfil the requirements of the Law.
The following documents are necessary:
- List of all company employees including name, nationality and job title in Spanish.
- An original copy of the Mexican company’s proof of address which must coincide with the fiscal address of the company, with the name of the Mexican company (the document must not exceed 30 days of being issued).
- Copy of the Tax ID and proof of the current tax situation of the Mexican company (namely “constancia de situation fiscal”) and the latest tax return payments.
- Certified copy of the articles of incorporation of the Mexican company and certified copy of the power of attorney of the legal representative and his/her ID.
4.2 Do employers who hire foreign nationals have ongoing duties to ensure immigration compliance?
Employers must annually update the latest tax return payments of the Mexican company. Companies are required to submit their annual tax return payments for the previous fiscal year during the month of March of each year, that is, during the following 30 calendar days, an effect of maintaining the validity of this registry of the company, to avoid the delay on the resolutions of the immigration cases at the INM.
Moreover, in the case that the Mexican company has a change of name of the legal representatives or any change of the tax domicile of the company, the company must update the information at the INM within the 30-day period.
4.3 Are employers who hire foreign nationals required to show a commitment to train or up-skill local workers?
There are no provisions for foreigners to train or up-skill local workers.
The Federal Labor Law (FLL) indicates that employers have the obligation to provide all workers with and they to receive training on the job that allows them to raise their level of life, labour competence and productivity.
4.4 Are employers who hire foreign nationals required to pay government charges and fees which contribute towards the training or up-skilling of local workers?
The employers are not required to pay government charges and fees which contribute towards the training or up-skilling of local workers.
4.5 Do the immigration authorities undertake routine inspections of employers who sponsor foreign nationals, to verify immigration compliance?
Yes. The verification visit procedure will be subject to the following:
- The immigration authority must issue an agreement by which it establishes and motivates the origin of the verification visit.
- A written order must be issued with an autograph signature issued by the INM, which must specify the place or area to be verified, the purpose of the visit, the scope it should have, the legal provisions that support it, and the name, signature and position of the public officer who authorises the visit.
- In any verification visit, the INM officer will grant a commission document to the public officer who is designated to execute the procedure, which will state the purpose of the verification act, the place where it will be carried out, the name of the person to whom it is directed, the object of the visit, the scope that it should have, the legal provisions that support it, and the name, signature and position of the officer who authorises said visit and who will carry it out.
- During the discharge of the verification visit, the immigration authority may require the proper documents for the discharge of the diligence, stating this in the record.
4.6 Do the immigration authorities maintain a list of skilled occupations which may be filled by foreign nationals?
No, according to the Law any applications for visa authorisation or condition of immigration stay, provided that the reason for the request is for an offer of employment, will be governed by the quota system. In cases where quotas are not determined, the visa authorisation or condition of stay for a job offer will depend on the existence of said offer. We are awaiting the official publication to implement these immigration rules for a quota system in Mexico.
To obtain any work permit as a Temporary Resident, the position must be classified according to the National Classification System for Occupations (SINCO) and a brief description must be provided of the activities to be carried out in Mexico in accordance with the position at the Mexican company.
4.7 Is there a recognition that some occupations may be in short supply and do special exemptions apply to certain sectors and occupations?
According to the Law the quota system will be established under the following criteria:
- occupational groups provided for in the SINCO or that which in time replaces it;
- specific geographic regions;
- immigration conditions of legal stay; or
- a combination of these criteria.
In the case that the position is not regulated at the SINCO, there are general items that may be used to classify the position.
4.8 Are there annual quotas for different types of employment-related work permits or visas?
The quotas will be established by the Ministry of Interior through general administrative provisions that will be published in the Official Gazette of the Federation and will be valid for one year from their publication. Additionally, administrative provisions may be published in the Official Gazette of the Federation to fill vacancies of difficult coverage that need to be filled within six months. Until today, we are waiting for the official publication to implement this new system in Mexico that is regulated by the Law.
4.9 Are there restrictions on the number of foreign workers an employer may sponsor, in relation to a maximum percentage of foreign workers in the employer’s workforce?
According to Article 7 of the FLL, every company must employ Mexican workers for 90% of its workforce, at least. In the technical and professional categories, workers must be Mexican, unless they are in a specific specialty, in which case the employer may temporarily employ foreign workers, in a proportion not exceeding 10% of those in the specialty.
4.10 Are employees who are sponsored to work in your jurisdiction required to demonstrate language proficiency?
According to the current immigration rules and provisions, the employees are not required to speak Spanish for the position for which they will be hired in Mexico.
4.11 Are employees who are sponsored to work in your jurisdiction required to undergo medical examinations before being admitted?
The employee is not required to undergo any medical examination and there are no mandatory vaccines that the employee must obtain before being admitted. The Mexican government recommends being vaccinated against Tetanus-diphtheria, Hepatitis A and Typhoid fever before travelling to Mexico.
Employers have the authority to require any medical exam for their employees (avoiding any discrimination practice).
4.12 Are employees who are sponsored to work in your jurisdiction required to have medical insurance or are they entitled to any free public medical services?
For the Mexican Social Security Institute (IMSS), companies, when it is necessary to hire one or more workers, acquire obligations including, among others, those established by the Social Security Law (LSS), since there is the possibility of suffering some type of accident, so, based on Article 15 of the Law, social security must be granted.
In the event that foreigners are paid by a sponsor company, they must also receive such social security, since they are providing their services at the facilities of the Mexican company and could suffer a job risk.
Independently and without obligation from the Mexican government, employers may contract medical expenses insurance, in order to access private hospitals.
4.13 Does the work permit system allow employees who hold work permits to be seconded to a client site?
Yes, foreign employees may only carry out the activities expressly authorised in their immigration document or permit; they must have an express authorisation to carry out any activities other than those authorised in their immigration document or permit. If the foreign employee will visit the client site, it will be convenient to show his/her immigration document to evidence his/her legal stay in Mexico.
5. Highly Skilled Visas
5.1 Is there an immigration category which covers highly skilled individuals?
The points system for foreigners to acquire permanent residence will establish selection criteria to attract foreign investors or those with highly qualified skills in areas such as science, technology, sports, humanities and the arts, or those who will strengthen and promote development and competitiveness in the national territory.
The selection criteria may incorporate, among others, the following categories:
- Education level.
- Work experience in areas of interest to the country that are in high demand and low supply.
- Work experience in other areas.
- Science and technology skills.
- International recognition or awards.
- Fluency in the Spanish language.
- Knowledge of Mexican culture.
We are awaiting the official publication to implement this new system in Mexico.
6. Investment or Establishment Work Permits
6.1 Is there an immigration category which permits employees to be authorised to work based on investment into, or setting up a subsidiary or corporate presence in, your jurisdiction?
The Temporary Resident immigration condition applies to foreigners who intend to stay in the country for a maximum period of four years, receiving their pay in Mexico or abroad. These immigration permits to engage in lucrative activities in Mexico are granted by the INM. The Mexican Consulate is authorised to grant temporary resident visas without income activities in Mexico. The application must be requested by the foreign nationals on the grounds of an invitation by a Mexican legal entity (private or public), investors’ real estate ownership, retirement, the preservation of a family unit, pursuing studies as a student or humanitarian reasons. The issuance of this kind of visa is at the total discretion of the Mexican Consulate according to the faculties duly granted and after complying with the requirements and rules provided by the Mexican Immigration guidelines.
7. Temporary Work Permits
7.1 Is there an immigration category permitting the hiring of temporary workers for exchanges, career development, internships or other non-economic purposes?
Yes, the Temporary Resident student immigration condition allows the foreign nationals to remain in Mexico for the duration of their studies, internships or exchanges without income activities in Mexico.
This visa must be requested prior to his/her entry into Mexico at any Mexican Consulate abroad and the foreign national must provide the letter of invitation or acceptance of the corresponding educational institution. His/her immigration condition may be renewed annually.
The INM may authorise the foreign national to carry out lucrative activities if there is a letter of agreement from the corresponding educational institution and it will be subject to a job offer in activities related to the subject of their studies.
The student temporary resident will have the right to enter and leave the national territory as many times as they wish and will also have the right to the preservation of the family unit.
7.2 Are there sector-specific temporary work permit categories which enable foreign workers to perform short-term temporary work?
According to Article 35 of the FLL, work relationships can be for a specific job or time-period, a season or indefinite time and where appropriate may be subject to testing or initial training.
8. Group or Intra-Company Transfer Work Permits
8.1 Does a specific immigration category exist for inter-company transfers within international groups of companies?
No, there is no specific category. The proper immigration condition to obtain for the employee to be assigned as an inter-company transfer will depend on the term of his/her assignment to Mexico and if he/she will remain on the foreign payroll or if he/she will be transferred to the Mexican company as a local worker.
8.2 What conditions must an employing company or organisation fulfil in order to qualify as part of a group of companies?
For immigration purposes, it will be essential to define the terms of the assignment of the foreign employees to Mexico. If the foreign employees will remain on the foreign payroll, a letter from the foreign entity will be essential to obtain the proper immigration condition for workers. This letter must be duly notarised and apostilled, including the following information: the purpose of the assignment; the type of visa; and information about the holding office and the Mexican company, describing the structure of the company.
8.3 What conditions must the employer fulfil in order to obtain a work permit for an intra-company group employee?
The term of the assignment will be essential to determine the proper immigration condition that the employees need to have. For less than 180 days, this may be as Visitors without income activities. For more than six months, the temporary resident immigration condition must be requested.
If the employees will remain on the foreign payroll, it will be necessary to request the temporary resident immigration condition without paid activities in Mexico as an employee of the foreign entity. An invitation letter from the Mexican company will be necessary.
If the employees will be transferred as employees of the Mexican legal entity, a work visa will be necessary. Provisions must be taken, the Mexican company must be registered at the INM and then the Mexican company may request the legal permit as temporary residents as employees of said entity.
8.4 What is the process for obtaining a work permit for an intra-company group employee?
One needs to follow the unique process to obtain a permit to work as temporary resident. The following is a brief explanation of this immigration procedure:
- The Temporary Resident – Remunerated Activities (local hire) applies to applicants who will be locally hired in Mexico for more than 180 days and less than four years.
- For the Temporary Resident – Remunerated Activities, the Mexican company must be registered before the National Migration Institute (INM).
- The Mexican company must request before the local immigration office the legal permit entry as a temporary resident for the employee prior to his/her entry into Mexico. After filing this application, the INM will grant the official communication in approximately 30–60 business days.
- An appointment must be scheduled at any Mexican Consulate within 30 business days. The foreign employee must go to the Mexican Consulate (with his/her passport, a copy of the official communication, photos and the respective application for the issue of his/her visa), and must pay the applicable government fees for the issuance of the visa.
- When the employee travels to Mexico, he/she will receive at the port of entry the multiple immigration form (FMM), and the immigration officer of the port of entry into Mexico will check the box “visa for issue of immigration document”.
- When the employee arrives in Mexico, a period of 30 natural days is provided to request the issue of his/her immigration documents as a temporary resident before the local immigration office.
8.5 What is the process for the employee to obtain a visa under the intra-company group transfer category?
Please refer to our answer to question 8.4. The Mexican visa will be granted by the Mexican Consulate, and this visa is valid for six months and one entry into Mexico from the date of issue.
8.6 How long does the process of obtaining the work permit and initial visa take?
The process and timing to obtain a work visa is as follows:
- Entry Permit application filed at INM in Mexico (one to three months).
- Filing of visa application at the Mexican consulate (depending on the human and technical resources of each Consulate, this varies from three to 10 business days, but could take longer if an appointment is necessary).
- Consular visa collection (one to three days).
- Entry to Mexico (one day).
- Filing of Temporary Residence Card application at INM. (Note: this may vary considerably, depending on the specific location where the assignee will arrive in Mexico and the corresponding regional office of the INM. In Mexico City, this takes between three to four weeks.)
8.7 Is there a maximum period of validity for initial intra company transfer visas, can they be extended and is there a maximum period of stay in this category?
Please refer to our answer to question 8.6.
The extension of the temporary resident cards may be requested for one, two or for a maximum period of three years. Holders of the temporary resident condition are authorised to live in Mexico for a maximum period of four years. After completing four years in Mexico as temporary residents, a Permanent Immigration Condition must be requested.
8.8 Can employees coming under the intra-company route transfer to a permanent stay visa route and apply for permanent residence?
Yes, after living in Mexico for four consecutive years with the temporary resident immigration condition, a permanent resident immigration can be requested.
The application must be requested 30 days before the expiration date of his/her temporary resident card, and the foreigner needs to be in Mexico to submit the application before the INM offices.
8.9 What are the main government fees associated with this type of visa?
The payments of government immigration fees for specific immigration procedures for foreigners with the temporary or permanent resident immigration condition in Mexico are regulated by the Federal Law of Government Fees (LFD).
The following are the rates approved in Mexican currency by the LFD, and which were published by SEGOB to pay the government immigration fees (Mexican pesos):
- Temporary Resident – one year: $4,271.
- Permanent Resident: $5,206.
- Replacement Resident Card: $1,277.
- Change of Immigration Condition for study and reception: $1,365.
- US Consular fee: U$36.
These fees are updated every year on January 1st.
9. New Hire Work Permits
9.1 What is the main immigration category used for employers who wish to obtain work permits for new hires?
The main immigration category to obtain work permits (new hire) as employees of the Mexican company is the Temporary Resident immigration condition.
Please refer to our answer to question 8.4.
It is essential to know the position and the activities to be carried out in Mexico to classify the position according to the SINCO.
9.2 Is there a requirement for labour market testing, to demonstrate that there are no suitable resident workers, before a work permit can be issued to new hires?
No, one must comply with the immigration provisions to request the legal permit as temporary residents.
9.3 Are there any exemptions to carrying out a resident labour market test?
No, there are no legal provisions to carry out a labour market test.
9.4 What is the process for employers obtaining a work permit for a new hire?
Please refer to our answer to question 8.4.
9.5 What is the process for the employee to obtain a visa as a new hire?
Please refer to our answer to question 9.1. The Mexican visa will be granted by the Mexican Consulate, and this visa is valid for six months and one entry into Mexico from the date of issue.
9.6 How long does the process of obtaining the work permit and initial visa for a new hire take?
The complete immigration process is divided into three different stages: the authorisation duly granted by the INM (work permit); the issue of the Mexican visa to be granted by the Mexican Consulate (Mexican visa); and the issue of the temporary resident card before the local immigration INM.
Please also refer to our answer to question 8.6.
The complete immigration procedure will take between three to five months approximately.
9.7 How long are initial visas for new hires granted for and can they be extended?
The temporary resident cards will be renewable for one, two or for a maximum period of three years. Holders of the temporary resident condition are authorised to live in Mexico for a maximum period of four years.
9.8 Is labour market testing required when the employee extends their residence?
No, one must evidence the permanence of the labour relation with the Mexican company to obtain the renewal of the immigration documents.
9.9 Can employees coming as new hires apply for permanent residence?
Yes, after living in Mexico for four consecutive years with the temporary resident immigration condition, a permanent resident immigration may be requested.
The application must be requested 30 days before of the expiration date of his/her temporary resident card, and the foreigner needs to be in Mexico to submit the application before the INM.
9.10 What are the main government fees associated with this type of visa?
Please refer to our answer to question 8.9.
10. Conditions of Stay for Work Permit Holders
10.1 What are the conditions of stay of those who obtain work permits and are resident on this basis?
There are three legal stay of immigration conditions, namely:
- Visitor: with or without permission to have remunerated activities in the country.
- Temporary Resident: receiving their pay in Mexico or abroad. This category includes students.
- Permanent Resident: applicable to foreigners who wish to stay in Mexico indefinitely.
10.2 Are work permit holders required to register with municipal authorities or the police after their arrival?
All foreign workers who hold the temporary or permanent resident immigration condition receive a CURP number with the said registration granted by the Ministry of Interior. They may be requested to register before the IMSS and before the Mexican Tax authority. There is no need to be registered with the municipal authorities or the police.
11.1 Who qualifies as a dependant of a person coming to work on a sponsored basis?
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: they are considered to be a temporary resident for two years, after which they can obtain the status of permanent resident, as long as the marriage bond remains.
- Cohabiting partner: they will be granted the status of temporary resident for two years, after which they can obtain the status of permanent resident, as long as the cohabitation subsists.
- Children of the permanent resident and the children of the spouse or cohabiting partner, as long as they have not married and are under their guardianship or custody.
11.2 Do civil/unmarried or same-sex partners qualify as family members?
Yes, there are two ways to obtain an immigration permit for a spouse or same-sex partner and their relatives.
The first is to request the Mexican visa directly at the Mexican Consulate, when the principal applicant receives his/her Mexican visa as a temporary resident, as his/her economic dependents prior to his/her travel to Mexico.
The other alternative is to request a change of immigration condition for the spouse or partner, when he/she arrives in Mexico. For this purpose, the marriage certificate will be necessary (duly apostilled or legalised).
For non-married couples, it is necessary to demonstrate cohabitation (“concubinato”). This will depend on the jurisdiction where the couple has had a common residence.
It is recommended for non-married partners to apply for a Temporary Residency directly at the Mexican Consulate with jurisdiction over the couple’s place of residence before entering Mexico, as the consulates are familiar with the general rules and practices that have become generally adopted through habit and common use.
11.3 Do spouses and partners have access to the labour market when they are admitted as dependants?
Spouses and partners may access the labour market after they are admitted as dependants, and they must request a work permit before the INM. Provisions must be taken to obtain the proper immigration permit authorising the spouse or same-sex partner to work in Mexico.
11.4 Do children have access to the labour market?
According to Article 123 of the Constitution, which also derives the ratification of Convention 138 on the age to enter a job, the permitted age is 18 years, so foreigners at this age are authorised to work and they will have to meet this requirement.
12. Permanent Residence
12.1 What are the conditions for obtaining permanent residence?
The status of permanent resident will be granted to a foreigner who meets any of the following assumptions:
- For reasons of political asylum, recognition of refugee status and complementary protection or by the determination of stateless person, after fulfilling the requirements established by the legal provisions.
- For the right to the preservation of the family unit.
- They are retirees or pensioners who receive, from a foreign government or international organisations or private companies for services provided abroad, an income that allows them to live in Mexico.
- By decision of the Institute, according to the points system established for this purpose (pending publication).
- After four years have passed since the foreigner obtained a permit for temporary residence.
- For having children of Mexican nationality by birth.
- For being an ascendant or descendant in a direct line to the second degree of a Mexican by birth.
Permanent residents may introduce their personal property, in the manner and terms according to the Mexican Customs Law.
Holders of the permanent resident immigration condition must inform within 90 natural days of any changes related to his/her immigration condition.
12.2 Is it possible to switch from a temporary work visa to a work visa which leads to permanent residence?
Holders of the temporary resident immigration condition are authorised to work in Mexico without any further requirements. They have the obligation to notify the INM within 90 natural days of any changes related to his/her domicile, change of employer, civil status or nationality.
13. Bars to Admission
13.1 What are the main bars to admission for work?
There are no bars to admission established by the Law or by the authority. Please refer to the answer to question 13.2.
It is advisable not to have criminal records, to have a valid and current immigration document, to have the skills required to perform the job, and to have an employer with an employer record in order before the INM.
13.2 Are criminal convictions a bar to obtaining work permission or a visa?
Criminal convictions are not a bar to obtaining work permission or a visa. However, the immigration authority has the authority to review the foreigner’s criminal records or mobility restriction ordered by law enforcement agencies if he is listed by any international authority as a person of interest in accordance with international treaties. The authorities, at their discretion, may reject the processes and deny entry into the country to an individual with such background.