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MEXICO – New Migratory Regulations from 9 November

The long anticipated changes of Mexico’s immigration regulations were published in the Mexican government’s official Gazette on 8 November 2012 and have taken effect from 9 November 2012. The key changes are that effective immediately, all companies sponsoring foreign national employees or assignees are required to register a basic file with the immigration authorities, plus that change of status from visitor to work permit holder will no longer be permitted.

Company Registration With INM

Effective immediately, companies sponsoring work permit applications for foreign national employees or assignees are required to register a basic immigration file (Expediente Basico) with the National Immigration Institute (INM). To register the basic file, the Mexican entity must submit an online application and the following documents to the INM:

  1. Request for registration in writing signed by the legal representative.
  2. Certified copy of the deed of incorporation of the company and the notarial deed that proves the legal existence of the company (these will be returned once the INM has seen them).
  3. Certified copy of the notarial instrument giving the legal representative power of attorney and copy of his/her ID.
  4. Copy of the tax ID of the Mexican company and copy of the latest yearly and monthly tax return payments of the Mexican company.
  5. Staff list (name, nationality and position).
  6. Original document proving location of the company (less than 30 days old; this will be returned one the INM has seen it)

This is applicable both for Mexican companies sponsoring new applications and for Mexican companies wishing to file renewal applications for existing permit holders.

No Change of Status

The other big change is that change of status from visitor to work permit holder will no longer be permitted; i.e. entry permits must be obtained for all new work permit applicants, regardless of nationality. Previously, it was possible and, indeed, common for visa exempt nationals to enter Mexico as visitors while the work permit application was still in process.

Action Items

  • If your company sponsors work permit applications in Mexico, make sure that you have your basic file registered in preparation for any new or renewal applications
  • Note that change of status from visitor to work permit holder is no longer permitted

This news alert was prepared using information provided by Goodrich Richelme Asociados.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.