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MEXICO – Notarised Permission Required for Unaccompanied Minors

With effect from 1 January 2014, minors under the age of 18 travelling out of Mexico without a parent or guardian will require special permission to leave the country.

How Does This Affect Me?

The measure applies to both Mexican and foreign national minors (under the age of 18) with permanent or temporary residence in Mexico.

it is expected that the new provision will be enforced not only by immigration authorities at the port of exit from Mexico but also by airlines, etc., as air, land and maritime transportation companies will be liable for financial penalties if found to be carrying passengers who are non-compliant with the new provision.

Note that if the minor is travelling with at least one of his/her parents or guardians, the permission will not be required.

How is the Permission Obtained?

The parents or guardians of the minor who wishes to leave Mexico must grant permission in writing, which must be either notarised by a notary public in Mexico or, if the permission is prepared abroad, it must be legalised or Apostilled for use in Mexico.

Upcoming reforms will likely provide an alternative route for obtaining permission directly from the National Migration Institute (INM), without going before a notary public. However, the details of this process will not be finalised and published until after 2 January 2014.

Background

This regulation was originally issued after the entry into force of the Migration Act in November 2012. However, its implementation was suspended in early 2013, until now, to promote and facilitate tourism.

Action Items

  • Ensure that any minor dependents under the age of 18 travelling out of Mexico without parents/guardians have the required notarised permit.

This news alert was prepared using information provided by Arellano Abogados.

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.