Mexico
ABIL Lawyers
RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
DEPENDENTS
SETTLEMENT & CITIZENSHIP
PRESENT CLIMATE & FUTURE LEGISLATION
RELEVANT GOVERNMENT ENTITIES
NATIONAL IMIMGRATION INSTITUTE
The National Immigration Institute (NII) of Mexico is responsible for regulating the entry, stay, and exit of both Mexican and foreign citizens in the country. The NII manages and regulates immigration policies and processes in the country. The main functions are: 1. Border Control and Immigration Management; 2. Visas and Resident Permits; 3. Monitoring and Deportations and Human Rights and Migrant Protections; 4. Coordination with other government agencies.
MINISTRY OF FOREIGN AFFAIRS
The Ministry of Foreign Affairs (MFA) is the authority that helps the Ministry of the Interior regarding the immigration policies, collaboration with other countries and international organizations to address migration issues, it is also responsible to issue visas for foreign nationals, setting the guidelines and requirements for the various types of visas available for foreigners. The MFA coordinates and collaborates with the NII overseeing the issuance and management of visas for foreign nationals entering Mexico. This authority also receives, and processes applications form foreign nationals who wish to become Mexican citizens.
COMMISION FOR REFUGEE ASSISTANCE (COMISIÓN MEXICANA DE AYUDA A REFUCIADOS, COMAR)
The COMAR handles applications for asylum and refugee status; this authority process refugee and asylum applications, provides protection and support for people seeking asylum in Mexico and works with international organizations to handle refugee crisis.
CUSTOMS & BORDER PROTECTION (ADUANAS DE MÉXICO)
Customs authorities, under the Tax Administration Service (SAT), control the movement of goods and people across Mexico’s borders. Responsibilities: Working alongside the NII to monitor and regulate cross-border movement. Ensuring that immigration laws are enforced in customs areas, especially at airports, ports, and land crossings.
SOURCES & CONFLICTS OF LAW
SOURCES OF LAW
Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos)
The Constitution is the supreme law of the land and provides the foundation for all other laws, including those related to immigration.
Immigration Law (Ley de Migración)
The Migration Law, enacted in 2011, is the primary legal framework governing immigration policies, procedures, and rights of migrants in Mexico; this law, defines the different immigration categories, regulates the entry, stay, and exit of foreign nationals, establishes the powers and responsibilities of the National Immigration Institute (NII), sets procedures for deportation, detention, regularization, and appeals for migrants and provides for humanitarian visas and refugee protection.
Regulations to the Migration Law (Reglamento de la Ley de Migración)
This regulation details the implementation of the Migration Law, outlining specific processes, administrative procedures, and the responsibilities of immigration authorities.
Guidelines between the Ministry of the Interior (Secretaría de Gobernación, SECOB) & the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE)
These guidelines are established to ensure coordination between these two key agencies in managing immigration policy and the issuance of visas. These guidelines focus on defining roles, responsibilities, and collaboration between the National Immigration Institute (NII), which is part of SEGOB, and the SRE, which operates consulates and embassies abroad.
Refugee, Complementary Protection & Political Asylum Law (Ley sobre Refugiados, Protección Complementaria y Asilo Político)
This law regulates the procedures for granting refugee status, complementary protection, and political asylum in Mexico.
CONFLICTS OF LAW
Constitutional rights vs. immigration law
CONSTITUTIONAL PROTECTIONS: The Mexican Constitution guarantees certain rights to all individuals, regardless of their nationality or immigration status, such as the right to personal security, education, healthcare, transit liberty and legal due process. For instance, Article 1 guarantees human rights to everyone in Mexico, including foreign nationals.
POTENTIAL CONFLICT: Tensions can arise when immigration authorities (such as the National Immigration Institute, NII) enforce immigration laws in ways that might infringe on these constitutional rights. For example:
DETENTION & DEPORTATION: In cases where undocumented migrants are detained and deported, there may be concerns about the violation of constitutional rights to due process or personal liberty. Migrants might not have adequate legal representation, and their cases might not be thoroughly reviewed before deportation.
ACCESS TO SERVICES: While the Constitution grants universal access to public services such as education and healthcare, undocumented migrants sometimes face obstacles in accessing these services due to local immigration enforcement practices or lack of clarity in regulations.
Administrative discretion vs. legal protections
NII’S ADMINISTRATIVE POWER: The National Immigration Institute (NII) has significant discretion in enforcing immigration law, including decisions on visa applications, deportations, and regularization of status.
POTENTIAL CONFLICT: The broad discretion given to the NII can sometimes lead to inconsistent decision-making or conflicts with legal protections. Examples include:
ARBITRARY DECISIONS: Migrants may experience delays, denials, or arbitrary decisions in visa processing or regularization programs due to the discretion exercised by NII officials.
DETENTION PRACTICES: There are instances where the NII’s enforcement practices, such as detaining migrants in poor conditions or for extended periods without clear legal grounds, conflict with the protections provided under the Constitution or international treaties.
CORRUPTION: In some cases, administrative discretion can lead to corruption, where migrants face demands for bribes to avoid deportation or facilitate visa applications.
Labor law vs. immigration law
LABOR PROTECTIONS: Mexican labor law, including the Federal Labor Law (Ley Federal del Trabajo), provides protections for workers, including minimum wage, safety standards, and labor rights, regardless of nationality.
POTENTIAL CONFLICT: Undocumented workers, while technically entitled to labor protections, may not always be able to enforce their rights due to their immigration status. Employers may exploit this situation, leading to conflicts between labor and immigration laws. Examples include exploitation of undocumented workers: employers may underpay or mistreat undocumented workers, knowing that these workers are unlikely to seek legal recourse for fear of deportation or detention by immigration authorities.
VISA REQUIREMENTS FOR EMPLOYMENT: Certain visa categories allow foreign nationals to work legally in Mexico, but the process for obtaining a work visa can be complex and slow. This can lead to situations where individuals work without the proper documentation, raising conflicts between immigration compliance and labor protections.
BUSINESS IMMIGRATION
UNSPONSORED BUSINESS-RELATED IMMIGRATION
Investors
The Investor Visa is available for foreign nationals who wish to invest in Mexico, either by starting or acquiring a business, or by making significant investments in Mexican companies, real estate, or financial markets.
Retirees & passive income or savings
The Permanent Resident Visa is a long-term residency option for individuals who have the financial means to support themselves without working in Mexico. It is ideal for retirees or individuals with significant passive income or savings.
Remote work
While Mexico does not have a formal Digital Nomad Visa like some other countries, it is possible for remote workers and digital nomads to live and work in Mexico under a Temporary Resident Visa (non-lucrative activities) by demonstrating financial solvency. Many remote workers opt for this visa because it allows them to reside in Mexico while working for foreign companies.
The Temporary Resident Visa allows foreigners to stay in Mexico for more than 180 days and up to 4 years. This visa is commonly used by remote workers, freelancers, or digital nomads, although it is not explicitly called a “Digital Nomad Visa.”
To qualify, applicants need to show proof of sufficient income from abroad or savings that allow them to support themselves while living in Mexico.
The application must be initiated at a Mexican consulate in the applicant’s home country and finalized before a local office of the National Immigration Institute within Mexico.
This type of visa does not allow the holder to work for a Mexican Company but permits remote work, making it an ideal option for digital nomads and freelancers.
The process will take for its resolution between 4 and 6 weeks.
If coming to Mexico for less than 180 days, individuals may enter Mexico as visitors, under the modality of business visitors, individuals may stay for up to 180 days, they may continue working for they foreign companies, forbidden to receive any salary, remuneration or compensation from any Mexican source.
Business Visitors are allowed to:
- Carry out non-remunerated activities
- Carry out real estate business, exchange or provide services
- Establish, develop or manage a foreign capital investment
- Render specialized services previously agreed to or contained in a technology transfer agreement, patents and brands, machinery purchase and sale, and personnel technical training equipment or any other production process of a company established in Mexico
- Perform professional activities under the terms of a Free Trade Agreement signed by Mexico
- Attend meetings or sessions of the board of directors of companies legally established in Mexico
- Perform management, or executive level activities, or activities that imply specialized knowledge in a company or in a subsidiary or affiliate located in Mexico
SPONSORED BUSINESS-RELATED IMMIGRATION
Work visa (employer-sponsored visa)
For those individuals who wish to work for a Mexican company or organization, a Work Visa is required. The Mexican employer must sponsor the foreign worker and file an application with the National Immigration Institute (NII).
ELIGIBILITY: Foreign workers must have a job offer from a Mexican employer (Company or Person).
KEY REQUIREMENTS: The employer must demonstrate the need to hire a foreign worker and show that the employer is registered with the NII.
The work visa allows the holder to live and work in Mexico for the duration of their employment; Initially for one year and renewable for up to three more years; this visa, specifically authorizes the holder to work for the sponsoring Mexican employer.
The process to be followed is a three-stage process: (i) First, application for a Temporary Resident Status with work visa must be made directly at the NII office in Mexico; (ii) if authorized; an official communication will be sent to all Mexican Consulates abroad. As part of the second stage, the individual must appear in person before the Mexican Consulate of his/her election to obtain his/her Consular visa that will allow him/her to enter Mexico and finalize his/her process by requesting the exchange of the Consular visa and the FMM for the Temporary Resident Card as part of the iii) third and final stage.
For economic dependents (family members of foreign workers or residents) who enter the country under a dependent visa do not automatically have the right to work. However, there are options for economic dependents to obtain work authorization if they wish to be employed.
Economic dependents must first receive a formal job offer from a Mexican employer who is registered with the National Immigration Institute and authorized to hire foreign workers, then, they may request the permit to work.
Economic dependents may also work as an independent worker (self-employment).
Permanent Residents have the right to work, they are only required to inform the NII about the new activities.
Temporary Residents Students may request a permit to work, provided the work offer is related to their studies.
SPONSORS
REQUIREMENTS FOR SPONSORS
Requirements to become a sponsor
In Mexico, companies or individuals who wish to employ foreign workers (migrants) must become registered sponsors with the National Immigration Institute. Sponsorship is required for foreign nationals applying for Temporary Resident Visas with permission to work. The sponsor is responsible for ensuring that the employment of the foreign worker complies with Mexican immigration laws. Here’s an overview of the requirements, role, and duties of sponsors in Mexico:
Employer Registration Certificate (Constancia de Inscripción de Empleador)
The prospective employer must apply for an Employer Registration Certificate through the NII. This certificate officially authorizes the employer to hire foreign workers.
Required legal entity documentation
Articles of incorporation, Federal Taxpayer Registry, Proof of legal representative (powers of attorney for the individual acting on behalf of the company), Proof of Address, Proof of Tax Compliance, Identification Documents.
Submission
All documents must be submitted to the NII in person at an immigration office.
Role of the sponsor
Once registered, sponsors play a critical role in ensuring that the employment of foreign workers follows the legal requirements set forth by Mexican immigration authorities. Their primary responsibilities include A). Applying for Work Authorization and verification of the right to work of the foreign individuals and B). Ensuring Compliance with Labor Laws ensuring that foreign workers are employed under conditions that comply with Mexican labor law (e.g., minimum wage, benefits, working hours).
Record-keeping
Sponsors are required to maintain comprehensive records related to the employment of foreign workers, including:
- Employment Contracts: Copies of employment contracts signed by the foreign worker and the sponsor.
- Salary Payments: Records of salary payments, tax withholding, and other employment-related financial documentation.
- Immigration Documents: Copies of the foreign worker’s visa, residency card, and work authorization documents.
Sponsors must retain documentation showing compliance with reporting obligations, such as notifications sent to the INM.
SANCTIONS, CIVIL & CRIMINAL PENALTIES FOR SPONSORS
Failure to comply with the reporting, record-keeping, or other sponsor-related obligations can result in several penalties for the employer, including the revocation of the sponsorship, prohibiting the Company from hiring foreign nationals. On the other hand, If the foreign worker is found to be working without proper authorization or in violation of immigration laws, they may face deportation and a ban on re-entering Mexico for a specified period.
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
In Mexico, business immigration is generally a well-structured process, but several common issues and concerns can arise for both employers and foreign workers. These challenges can stem from regulatory requirements, bureaucratic hurdles, and practical difficulties in compliance. Below are some of the key concerns that frequently arise in business immigration:
- Complex and lengthy immigration processes
- Employer registration and compliance
- Renewal and expiration of visas
- Work authorization limitations
- Taxation and social security compliance
- Language barriers and documentation
- Cultural adjustment and integration
DEPENDENTS
PERSONS QUALIFYING AS DEPENDENTS
In Mexico, dependents of foreign nationals can join them under certain visa categories, whether the principal visa holder is in Mexico for business-related purposes or personal reasons. The National Immigration Institute (NII) allows foreign nationals to bring their dependents, but there are specific rules, requirements, and restrictions.
Under Mexican immigration law, the following individuals typically qualify as dependents:
- Spouse or Common-Law Partner: The legal spouse or common-law partner of the principal visa holder.
- Children: Dependent children under the age of 18 or adult children with disabilities who are financially dependent on the principal visa holder.
- Parents: The principal visa holder can bring parents to live under his/her economic care.
RESTRICTIONS
Work restrictions
Dependents who come to Mexico on a family visa are not allowed to work unless they apply for and receive a separate work permit from the INM.
Renewals
Dependent visas are linked to the principal visa holder’s status.
Duration of stay
The dependent visa is usually valid for the same duration as the principal visa holder’s, and the residency status of dependents is directly tied to the principal visa holder’s status.
SETTLEMENT & CITIZENSHIP
Foreign nationals can apply for permanent residence in Mexico under both sponsored and unsponsored categories. The main paths include starting with a Temporary Resident Visa and transitioning to Permanent Residency over time or applying directly for Permanent Residency under certain conditions.
TEMPORARY TO PERMANENT RESIDENT PATHWAY
Foreign nationals who enter Mexico on a Temporary Resident are initially allowed to stay in Mexico for up to four years. After four consecutive years of holding a Temporary Resident Visa, individuals become eligible to apply for Permanent Resident status.
Immediate Permanent Residency (for financial solvency)
Some individuals may qualify directly for a Permanent Resident Visa based on their financial standing. This is often granted to retirees or wealthy individuals who can demonstrate substantial savings or investment income.
Immediate Permanent Residency (due to family bond)
Some individuals may qualify directly for a permanent Resident Visa based on family bond, e.g. Having a Mexican child by born, having parents’ holders of a permanent resident status, when the individual is recognized as a refugee, for those foreign nationals who are victims of human trafficking, exploitation, or serious crimes (such as kidnapping or domestic violence) can be granted the permanent residency also.
BENEFITS & RIGHTS OF PERMANENT RESIDENTS
Right to stay
Permanent residents can remain in Mexico indefinitely, with the ability to renew their residency card every ten years.
Work authorization
Permanent residents can work legally in Mexico without the need for an additional work permit just the obligation to inform about their new jobs/activities.
Path to citizenship
After residing in Mexico as a permanent resident for five years, individuals may be eligible to apply for Mexican citizenship through naturalization.
PRESENT CLIMATE & FUTURE LEGISLATION
PRESENT CLIMATE & TRENDS
In recent years, Mexico has experienced a series of political, social, and economic developments that have significantly impacted its immigration policy and law. These changes reflect both domestic concerns and Mexico’s role as a transit and destination country in the context of broader regional migration patterns. Key trends influencing immigration policy include:
Increased migration from Central America
Mexico has seen a dramatic increase in migration flows, particularly from Central American countries like Honduras, El Salvador, and Guatemala. Many migrants are fleeing violence, poverty, and political instability in their home countries, using Mexico as a transit route to the United States or seeking asylum within Mexico.
Mexico-U.S. bilateral relations & the “Remain in Mexico” policy
Mexico’s immigration policy has been heavily shaped by its relationship with the United States, particularly under the Trump administration, which implemented the Migrant Protection Protocols (MPP), commonly known as the “Remain in Mexico” policy. Under this policy, asylum seekers who reached the U.S. border were sent back to Mexico to await their immigration court hearings.
Humanitarian protections & asylum system expansion
In response to the humanitarian needs of migrants, particularly those fleeing violence and persecution, Mexico has increasingly positioned itself as a country of refuge. The number of asylum applications in Mexico has risen sharply, with many migrants choosing to stay in the country rather than continuing to the U.S.