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 As a country of origin, passage, and destination of immigrants, Mexico has seen a significant rhythm of growth in immigration in the last several decades, and the trend suggests that such growth will continue. As a result, the Mexican immigration laws, regulations, and other administrative provisions have become a complicated regulatory system governing the entry, stay, activities, and departure of foreigners to and from Mexico.
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Here we will discuss the different ways in which people can legally enter and stay in Mexico, based on the reason for their trip. We will then analyze the different types of visas under which business people can enter our country, based upon the reason for and length of their stay. Finally, we will examine the types of visas under which foreigners can be authorized by the National Immigration Institute to work in Mexico and the procedures in place for requesting these visas.
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We will put a special emphasis on business people, as well as workers, managers, and technicians who come to Mexico temporarily or permanently.
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Forms of Legal Entry into the Country
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According to the General Immigration Law (Ley General de Población), foreigners who can legally enter the country fall into the following categories:
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a) Non-Immigrant. This is the foreigner who, with permission from the Ministry of the Interior (Secretaría de Gobernación, SEGOB), enters the country temporarily;
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b) Immigrant. This is the foreigner who legally enters the country for purposes of residing here in anticipation of achieving the status of permanent resident alien.
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Non-Immigrant
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Within the category of Non-Immigrant there are 11 types of visas, classified according to the activity that the foreigner engages in in the country, and according to the purpose for which the foreigner enters Mexico. The most relevant for purposes of investors are:
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a) Visitor. This is the foreigner who enters the country to exercise any lucrative or nonlucrative activity, as long as it is lawful and ethical, with authorization to remain in the country for up to one year, with the possibility of requesting up to four extensions for an equal amount of time each, with multiple entries and departures. With this type of visa, foreigners can engage in various activities, depending on the purpose of their stay in the country: they can live from resources brought from abroad, from earnings produced by these resources, or from any income coming from abroad; they can investigate investment options and make such investments; they can engage in scientific, technical, advisory, artistic, athletic or similar activities; or they can enter the country in order to fill executive positions or to attend board of directors meetings of companies;
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b) Distinguished visitor. In special cases, and as an exception, courtesy permission may be granted to enter the country and reside in it for up to six months to internationally known researchers, scientists and scholars, journalists, or other prominent persons. SEGOB can renew this permission when it considers it appropriate;
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c) Local visitor. The immigration authorities can authorize entry to foreigners who visit marine ports or border cities for periods not to exceed three days;
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d) Correspondent. Foreigners who enter the country to engage in journalistic activities, to cover a special event, or to exercise their profession temporarily, will be granted a visa, provided they can show evidence that they will be exercising their profession in terms specified by the SEGOB. Permission will be granted for up to one year and extensions for equal time periods may be granted, with multiple entries and departures.
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Any foreigner who enters the country as a Non-Immigrant can request the entry of his/her spouse and of relatives of the first degree. These may be granted entry, providing they do not have their own visas, with the same immigration status and for the same time period as the non-immigrant. Their status will be that of “economic dependent.”
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Immigrant
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Immigrants are granted entry for up to five years. In order to have their visas renewed annually, they are obliged to show to the satisfaction of the SEGOB that they are fulfilling the conditions that were indicated to them when they were authorized to enter the country and that they are complying with all other applicable immigration regulations.
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The following are the nine types of immigrant visas, depending on the activity that the foreigner will engage in in Mexico:
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a) Retired aliens. These are foreigners who enter the country with the intent of living on resources brought from abroad; from interest produced from the investment of their capital in certificates, securities, or bonds of the State; from national banking institutions or other institutions determined by the SEGOB; or from any permanent income coming from abroad.
The minimum amount of money to be held by them in reserve will be an amount no greater than the equivalent to 400 days of the general minimum daily wage in effect for the Federal District. SEGOB can authorize retired aliens to work as professors, scientific researchers, or technicians when it considers such activities would benefit the country;
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b) Investors. These are foreigners who enter the country to invest their capital in industry, commerce, or services in accordance with domestic laws, provided they contribute to the economic and social development of the country and that they maintain during the time of their residency the minimum amount established by SEGOB, which will be equivalent to 40,000 days of general minimum wage in the Federal District. To maintain this status, the investor must evidence that he/she maintains the indicated minimum amount of investment;
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c) Professionals. These are foreigners entering the country to exercise a profession. In the case of professions that require a professional degree to exercise, the regulatory provisions of article 5 of the Constitution regarding professions must be complied with;
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d) Persons in positions of trust (cargo de confianza). These are foreigners entering the country to assume executive or management positions, or other positions of trust, in companies or institutions established in the country. They are granted a visa, provided that in the judgment of SEGOB there is no duplication of positions and the service to be provided merits entry into the country;
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e) Scientists. These are foreigners entering the country to direct or engage in scientific research, to disseminate their scientific knowledge, to prepare researchers, or to engage in teaching, when these activities will be carried out in the interest of national development in the judgment of SEGOB, taking into consideration the general information provided by the institutions it consults in that respect;
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f) Technicians and specialists. These are foreigners entering the country to carry out applied research regarding production or to engage in technical or specialized activities that cannot be done, in the judgment of SEGOB, by residents of the country;
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g) Family. These are foreigners that enter the country to live as economic dependents of a spouse or a blood relative who is an immigrant, permanent resident alien, or Mexican in a direct line without limit or transversal up to the second degree. The foreign children and siblings of immigrants, permanent resident aliens, or Mexicans may only be admitted under this category when they are minors, unless they can show they have an impediment to working or that they are fulltime students;
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h) Artists and athletes. These are foreigners who enter the country to engage in artistic, athletic, or similar activities. They may enter, provided that in the judgment of the Ministry such activities are beneficial for the country;
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i) Assimilated persons. These are foreigners entering the country legally to engage in any lawful and honest activity who have been assimilated into the national environment or have had or have a Mexican spouse or Mexican child and who do not fall under the category any of the other types of visas. The children or siblings of the petitioners may only be admitted on this visa when they are minors, unless they can show they are unable to work or are fulltime students.
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Information by Von Wobeser & Sierra, S.C. |
