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20 de Setiembre del 2007 | Add to Delicious | Share Article

Author: Gabriela Valencia Rangel

Foreigners in Mexico are entitled to all of the guarantees established in the Constitution, with the restrictions it also contains. As regards immigration and population policy governing the admittance and stay of foreigners in Mexico, the statute to be observed is the General Law on Population (LGP by its initials in Spanish).

Foreigners wishing to enter the country must do so with an administrative authorization which is granted based on the immigration status applied for by the foreigners. They must act honorably at all times and are not to get involved in the country’s political affairs; breaching these terms may be lead to deportation.

The federal government agency in charge of immigration and population policy is the Secretariat of the Interior (SEGOB by its Spanish acronym). It determines the number of foreigners who are permitted entry based on demographic studies, all according to the possibility of their contributing to the country’s progress. In the year 2000, with the Regulations of the LGP, the National Migration Institute was created as a branch organization of SEGOB in charge of regulating the admission and stay of foreigners in Mexico.

It is worth mentioning that the Mexican immigration system conditions the admittance of foreigners on the following grounds:
Where international reciprocity does not exist
Where demanded by national demographics
Their number is limited by activity or region of residence
Where it is deemed harmful to the economic interests of nationals.
Where they have infringed Mexican laws or have poor records abroad.
Where they have broken the LGP or its regulation or other applicable legal provision, or fail to comply with the requirements they set forth.
Where they are not physically or mentally fit in the judgment of the sanitary authority.
Where prescribed by other legal provisions.

How can foreigners enter the country legally?

Foreigners can enter the country legally with the following statuses:

Non-resident alien
Resident alien

A non-resident alien is a foreigner with SEGOB permission to enter the country temporarily (without the aim of residing). This status is subdivided into the following eleven immigration categories:

1.- TOURIST. This is a person entering the country for leisure or health purposes, for artistic, cultural or sporting activities, non-remunerated and non-profit, for a maximum period of six months, non-renewable.

Under the RLGP (Regulations of the General Law on Population), this term can only be renewed when the foreigner is unable to travel due to illness or reasons of force majeure, and when the tourist has originally been documented for a period under 6 months.

2.- TRANSMIGRANT. A foreigner in transit to another country, who may remain in Mexican territory for up to 30 days.

The RLGP (Regulations of the General Law on Population) states that there are no extensions and the transmigrants must have permission to enter from the place where they are headed or the place of transit toward another country. There is also the restriction that this category cannot be changed for a different immigration status.

3.- VISITOR. A foreigner who enters the country to engage in some activity, for profit or otherwise, provided that it is lawful and honest, with authorization to remain in the country for up to one year.

When, during their stay, visiting foreigners are living off their funds brought from abroad, from the earnings they produce or from any income coming from abroad; their admittance has the purpose of finding alternative investments or for making them; they engage in scientific, technical, advisory, artistic, sporting or similar activities; they are entering in order to occupy positions of trust, or to attend shareholders’ meetings and board of directors meetings of companies, they may be granted up to four extensions each for the same period, with multiple entries and exists.

The RLGP establishes that the company or institution where the foreigner will be working must apply, to assume joint and several liability with the foreigner.

4.- MINISTER OF WORSHIP OR RELIGIOUS ASSOCIATE. To practice the ministry of any worship, or to carry out labors of social assistance and philanthropy, which coincide with the aims of the religious association to which they belong, provided this has previously been registered with the Secretariat of the Interior and the foreigner holds, in advance, the capacity of a minister of worship or associate pursuant to the Law on Religious Associations and Public Worship [Ley de Asociaciones Religiosas y Culto Público]. The permission will be granted for up to one year and up to four extensions may be granted each for the same period of time, with multiple entries and exits.

The RLGP sets forth that the applicants or their representatives have to demonstrate the income for their upkeep in Mexico, indicate the activities and the place where they will be carried out, and may not engage in remunerated activities of another kind.

5.- POLITICAL REFUGEE. To protect their freedom or their life from political persecution in their country of origin, authorized for as long as the Secretariat of the Interior sees fit, according to the circumstances of each case in particular. If political refugees break the national laws, they will lose their immigration status, irrespective of any penalties for which they may be liable, and the same Secretariat may grant whatever immigration category it deems expedient for their legal right to be and remain in the country to continue. Furthermore, political refugees who take leave of absence from the country will lose any right to return with this immigration status, unless the leave has been taken with permission from the same agency.

The RLGP states that foreigners must state the reasons and motives for their admittance in this category. Foreigners coming from a country other than that of their origin will not be admitted.

Art. 35 of the LGP sets forth that foreigners subject to political persecutions or those fleeing their country of origin will be admitted temporarily by the immigration authorities until the Secretariat of the Interior resolves each case, which it must do in the most expedite fashion. This is because it would be risky to send the refugees back to their own country, after having been admitted, hence their declaration must be taken into account.

6.- REFUGEE. To protect their life, safety or freedom, when they have been threatened with generalized violence, foreign aggression, internal conflicts, mass human rights violation or other circumstances that have seriously disturbed public order in their country of origin, having forced them to flee to another country. This immigration category does no include those people who are subject to political persecution as contemplated in the previous section. The Secretariat of the Interior will renew their permission to stay in the country as many times as necessary. If refugees break the national laws, they will lose their immigration status, irrespective of any penalties for which they may be liable, and the same Secretariat may grant whatever immigration category it deems proper for their legal right to be and remain in the country to continue. Furthermore, refugees who take leave of absence from the country will lose any right to return with this immigration status, unless the leave has been taken with permission from the same Secretariat. Refugees cannot not be returned to their country of origin, or set to any other, where their life, liberty or security are threatened.

The Secretariat of the Interior may dispense with any sanctions they may be liable for as a result of illegally entering the country to foreigners who are given this immigration category, taking into account any humanitarian and protective issues giving rise to the refugee status.

Unlike political refugees, in the case of refugees the matter at issue is not one of personal persecution, but instead of general problems in their country of origin, which usually implies movements of masses or entire communities.

7.- STUDENT. To commence, finish or perfect studies at official educational institutions or campuses, or ones that are incorporated with official recognition of validity, or to do studies that do not require this, with annual extensions and with authorization to remain in the country only for the time the studies last and the time needed to obtain the respective academic final documentation, with the authority to leave the country each year for up to 120 days in total. If they study at any border city and are residents of the bordering locality, the limitation of leave mentioned will not apply.

8.- DISTINGUISHED VISITOR. In special cases, as an exception, courtesy permits may be granted for entry and residence in the country for up to six months to researchers, scientists or humanists of international renown, journalists or other prominent persons. The Secretariat of the Interior may renew these permits as it sees fit.

9.- LOCAL VISITOR. The immigration authorities may issue authorizations to foreigners visiting maritime ports or borders cities to stay for up to three days.

10.- TEMPORARY VISITOR. The Secretariat of the Interior may authorize, as an exception, up to 90 days, the temporary disembarkation of foreigners arriving at international seaports or airports, whose documentation is lacking some secondary requirement. In these cases, they must provide a deposit or bond to guarantee their return to the country of their departure, of their nationality or of their origin, if they fail to comply with the requirement within the term granted.


11.- CORRESPONDENT. To perform activities inherent to the journalism profession, to cover a special event or work temporarily in this profession, provided they can provide proper evidence of their appointment or profession as determined by the Secretariat of the Interior. The permission will be granted for up to one year and extensions may be granted each for the same period of time, with multiple entries and exits.

The RLGP sets forth that correspondents must prove that they do such work abroad in order to be accredited with that capacity in Mexico.

Any foreigners entering the country as Non-Resident Aliens can apply for admission for their spouses and first-degree relatives, who may be granted this when they do not hold any immigration category of their own or the same immigration category and time period as the Non-Resident Alien, under the modality of economic dependent.

The immigration document for foreigners with non-resident status, in all of its categories, is the FM3, which is issued by the consular authorities. It contains the signature of the official and the stamp of the issuing office, as well as:

General information about the foreigner
Details of the immigration situation
Numbers of the National Aliens Registry and their immigration case file.
Foreigner’s address in Mexico.
Pages for noting the authorizations of extension periods in the holder’s stay, as well as changes of address, activity and marital status.

A Resident Alien is a foreigner legally admitted to the country with the aim of establishing residence there, until the status of permanent resident alien (definitive residence) is acquired. This status has nine categories:

1.- PERSON OF PRIVATE MEANS. To live from their funds brought from abroad; from the interest produced by the investment of their capital in certificates, instruments and bonds of the State or of national lending institutions or others determined by the Secretariat of the Interior, or from any other permanent income coming from abroad. The minimum amount required will be set in the Regulations to this Law. The Secretariat of the Interior may authorize persons of private means to provide services as teachers, scientists, scientific researchers or technicians, when it considers these activities to be beneficial to the country.

2.- INVESTORS. To invest their capital in industry, commerce and services, in accordance with national laws, provided this contributes to the country’s economic and social development and the minimum set by the regulations of this law is maintained during the foreigners’ time of residence.

Minimum amount set in the RLGP, 40,000 times the minimum daily wage in the Federal District of Mexico.

3.- PROFESSIONAL. To practice a profession. With respect to professions requiring a title of accreditation to be practiced, this must be compliant with the regulatory provisions of Article 5 of the Constitution regarding professions.

The RLGP states that the professional title must be registered with the competent authorities and a professional identification card must be obtained to practice the profession.

4.- POSITION OF TRUST. To assume charges as chief officer, sole director or others of absolute trust in companies or institutions established in Mexico, provided that in the opinion of the Secretariat of the Interior, there is no duplicity of charges and that the service in question warrants entry into the country.

5.- SCIENTIST. To direct or carry out scientific research, to disseminate their scientific knowledge, educate researchers or do teaching work, when these activities are carried out in the interest of national development in the opinion of the Secretariat of the Interior, taking into consideration the general information provided in that respect by the institutions it sees fit to consult.

6.- TECHNICIAN. To carry out applied research within production or to perform technical or specialist roles that cannot be provided, in the opinion of the Secretariat of the Interior, by residents in the country.

The Secretariat of the Interior has discretional powers to determine whether or not such roles can be performed by the country’s residents.
The difference with a scientist is that the technician applies, in industry, the knowledge obtained through scientific research.

7.- RELATIVES. To live under the economic dependence of the spouse or a blood relative who is a resident alien, permanent resident alien or Mexican national in a direct line without limitation of degree or transverse to the second degree.
Relatives of resident aliens may be authorized by the Secretariat of the Interior to carry on activities established in the Regulations.
Foreign children and siblings of resident aliens, permanent resident aliens or Mexicans may only be admitted in this category when they are minors, unless they have a duly substantiated impediment to working or are studying constantly.

8.- ARTISTS AND SPORTSPERSONS. To perform artistic, sporting or similar activities, provided the Secretariat considers these activities will be beneficial to the country.

This category is not subject to a fixed period of stay.

9. ASSIMILATED PERSONS. To carry out any lawful and honest activity, in the case of foreigners who have been assimilated into Mexican society or who have had or do have a Mexican spouse or child and do not fall within the previous sections, under the terms established in the Regulations.

The immigration document for foreigners with Resident Alien status, in all categories, is called the FM2.

The immigration status of permanent resident alien (foreigner acquiring definitive residence rights in the country) is acquired by resident aliens with legal residence in the country for five years, provided they have observed the provisions of the LGP and its regulations and that their activities have been honest and positive for the community.

Until the application for the status of Permanent Resident Alien is decided by the Secretariat of the Interior, the applicant will continue to hold the status of Resident Alien.

Once the five-year period has ended, any Resident Alien who fails to apply for status as a Permanent Resident Alien or whose application is turned down, will have the immigration documentation cancelled and be required to leave the country by the deadline set for such purposes by the Secretariat of the Interior. In these cases, the foreigner may apply for a new immigration status in accordance with the Law.

After five years, the foreigner has been assimilated into Mexican society, thereby acquiring definitive residence rights, and has only to comply with the information requirements of the immigration authorities. It is understood that these immigration statuses of resident alien and permanent resident alien are acquired by assimilation to Mexican society, allowing foreigners to participate in the country’s economic and social life, therefore the LGP sets certain restrictions:

Important aspects the foreigner should know about:

No foreigner can have two immigration statuses or categories simultaneously.

The status of non-resident alien and the category of transmigrant will not be changed. In other cases, it is left to the judgment of the Secretariat of the Interior when they meet with the requirements set in the LGP for the new immigration status or category which they intend to acquire.

Occupations must not be given to foreigners who fail to demonstrate their legal right to be and remain in the country, and who have not obtained the specific authorization to provide that particular service.
Recommendations:

It is important to take into account the deadlines and periods needed to carry out these applications since in practice they can take 45 business days; however the term may vary.

All required documentation must be available. It must also be legible, in good state and free of any erasures and amendments.

Be aware that the documentation that needs to be filed with the Institute to begin the admission application depends on the immigration category.

The information detailed in this document on no account implies any consultation. For further information, please contact our attorneys in Mexico.