|
Foreigners who wish to or must work in Mexico may request entry as either Non-Immigrants or Immigrants. Foreigners should choose between the two categories depending on their intentions for coming to Mexico. If they are coming only to work for the company that wishes to contract their services, and once the contract is terminated they will return to their country of origin, we recommend requesting the category of Non-Immigrant. If they are coming to work in Mexico and wish to establish their permanent residency in Mexico, we recommend requesting the category of Immigrant.
.
The National Immigration Institute, when authorizing a foreigner to be admitted under the immigration category of Non-Immigrant, will grant him/her a visa document called an FM-3; in order to be admitted under the immigration category of Immigrant, it will grant a visa document called an FM-2.
.
Below are the requirements for requesting the FM-3 and FM-2 visa documents before the National Immigration Institute.
.
Requirements for Obtaining the Desired Immigration Status
.
There are two forms by which the status of Non-Immigrant (FM-3) or Immigrant (FM-2) can be requested:
.
a) By visa obtained from abroad. The request for entry is filed in Mexico, before the National Immigration Institute and, once obtained, the Ministry of Foreign Relation (Secretaría de Relaciones Exteriores, SRE) sends the ruling of authorization to the Mexican consulate through which the foreigner wishes to enter, in order for that consulate to issue to the foreigner his/her FM-3 or FM-2;
b) Once the foreigner is in the country, he/she can request a change of immigration status or category.
.
To obtain a visa from abroad
.
In order to request a visa from outside of the country as a Non-Immigrant Visitor, the following information and documents must be presented:
.
a) Information:
.
i) The complete name of the foreigner, showing the first and middle given names, as well as paternal and maternal last names;
ii) His/her home address in his/her country of origin;
iii) Nationality;
iv) Place and date of birth;
v) Marital status;
vi) Occupation;
vii) Mexican consulate in which he/she wishes to be documented;
.
b) Documentation:
.
i) Photocopy of the current passport issued to the foreigner;
ii) Job offer letter issued on the letterhead of the company wishing to hire the foreigner, indicating his/her position and signed by the authorized person of the company;
iii) Simple photocopy of any current official identification issued to the authorized person of the company who signs the letter discussed above;
iv) Photocopy of the notarized instrument containing the appointment of the authorized person of the company who signs the letter discussed above;
v) Photocopy of the charter deed of the company that wishes to hire the foreigner;
vi) Photocopy of the last monthly tax declaration of the company that wishes to hire the foreigner;
vii) In the event that the foreigner does not personally process his/her visa, a power of attorney in duplicate issued to the person or persons who will carry out the process before the National Immigration Institute;
viii) Birth certificate issued to the foreigner containing the apostille specified in the Hague Convention or legalized by the Mexican consulate closest to the place of its issuance;
ix) Letter addressed to the Institute, signed by the foreigner, expressing the reasons he/she wishes to acquire permanent residence in Mexico, if he/she is requesting an FM-2;
x) Document verifying the professional capacity of the foreigner, containing the apostille of the Hague Convention or legalized by the Mexican consulate closest to the place of its issuance.
.
The process of obtaining a visa from outside of the country takes approximately four weeks from the date of presentation of all the required documentation before the National Immigration Institute. We recommend this option, since the foreigner will be authorized to engage in the desired activity in Mexico upon his/her entry into the country.
.
Relocation of family
.
If the foreigner wishes to come to Mexico with his/her spouse and children, the following documentation will also be necessary:
.
a) Birth certificates of his/her spouse and children, containing the apostille of the Hague Convention or legalized by the Mexican consulate closest to the place of their issuance;
b) Marriage certificate containing the apostille of the Hague Convention or legalized by the Mexican consulate closest to the place of its issuance;
c) Record of continued existence of the marriage of the foreigner and his/her spouse, which is a form prepared by the National Immigration Institute that must be signed by the foreigner, his/her spouse and two witnesses;
d) Record verifying compliance with the Mexican civil law applicable to family matters, which is a form prepared by the National Immigration Institute that must be signed by the foreigner, his/her spouse and two witnesses;
e) Photocopy of the identifications of the two witnesses that sign the records indicated in points c) and d);
f) Photocopy or original of the passport issued to the spouse and children of the foreigner, depending on if an authorization from outside the country or a change of immigration status is being requested;
g) In the event the foreigner does not personally process his/her visa, a power of attorney in duplicate also signed by his/her spouse and issued to the person or persons who will carry out the process before the National Immigration Institute.
.
Change of immigration status
.
In order to request the authorization for a change of immigration status, the following documentation must be exhibited:
.
a) Original of the current passport issued to the foreigner;
b) Original of the current visa, which will be delivered to the foreigner upon his/her arrival in the country;
c) Job offer letter issued on letterhead of the company that wishes to hire the foreigner, indicating his/her position and monthly salary, signed by the person authorized by the company;
d) Photocopy of a current official identification of the person authorized by the company that signs the letter indicated in the above point;
e) Photocopy of the notarial instrument containing the appointment of the person authorized by the company that signs the letter indicated in the above points;
f) Photocopy of the charter deed of the company that wishes to hire the foreigner;
g) Photocopy of the last monthly tax declaration of the company that wishes to hire the foreigner;
h) Document verifying the professional capacity of the foreigner, containing the apostille indicated by the Hague Convention or legalized by the Mexican consulate closest to the place of its issuance;
i) In the event that the foreigner does not personally process his/her visa, a power of attorney in duplicate issued to the person or persons who will carry out the process before the National Immigration Institute.
.
The process of changing immigration status takes approximately four weeks from the date of presentation of all the required documentation before the National Immigration Institute.
.
SEGOB reserves the right at its discretion to request specific additional documentation in each particular case in order to verify the necessity of having the services of the foreigner in the country and the truth of the information presented.
.
Information by Von Wobeser & Sierra, S.C. |
