Visas through Family / Spouse / Employer

When sponsored by spouse for a residency visa, Immigration staff may come to your house at time of application and also renewal to confirm you are sharing a residence.

One spouse may sponsor the other spouse at a Mexican consulate or in Mexico.

Obtaining a visa under family for a married or common-law couple, normally, each person of a couple proves income or investments or home ownership in Mexico. But please note each consulate has requirements to prove a common-law relationship. If only one spouse meets the financial threshold, one option is sponsorship at a consulate and one spouse qualifies as a Temporary or Permanent Resident and then with proving additional income or investments, sponsoring spouse. The additional amount of financials to sponsor a spouse varies from consulate to consulate. At times it may be a little as 25% of the financial requirements for an individual. The process is then completed in Mexico at an Immigration office with sponsoring spouse in attendance. Marriage license and apostille are not required when finalizing Temporary resident card in Mexico nor when progressing from Temporary to Permanent Resident.

Another option is for sponsorship in Mexico, when one married spouse qualifies and the other does not. For a common-law couple you can not start sponsorship in Mexico as your relationship will not be accepted in Mexico. The non-qualifying spouse enters Mexico as a tourist. When the qualifying spouse has his/her resident card finalized and issued, the other spouse may start his/her resident card process in Mexico. The sponsored spouse does not require financials. This will require the marriage license to have an apostille by the state or province where married and then certified translations completed in Mexico. And, when the sponsored spouse progresses from Temporary to Permanent Resident again the marriage license, apostille and certified translations are required. If the name on the wife’s and husband’s passports do not exactly match their names on the marriage certificate, one needs an affidavit from their Embassy or consulate in Mexico confirming the person named on the passport is the same person named on the marriage license. Name Match Example: Mary Elizabeth Smith is not the same as Mary E. Smith to Immigration staff in Mexico.  

When the sponsoring spouse is a Temporary Resident, the spouse being sponsored will be a Temporary Resident for a total of 4 years. When the sponsoring spouse is a Permanent Resident, the one being sponsored will be a Temporary resident for 2 years and then sponsored spouse becomes a Permanent Resident.

A child may be sponsored by a parent.

A parent may sponsor a child under the age of 18. At a consulate, you require an appointment for each person applying for residency including a minor child. You also complete one application per person and each person needs to attend the consulate appointment. The additional amount of financials to sponsor a minor child varies from consulate to consulate. At times it may be a little as 25% of the financial requirements for an individual. The process is then completed in Mexico at an Immigration office with parent in attendance. 

Another option is to sponsor minor child in Mexico. The child enters Mexico as a tourist. When the qualifying parent has his/her resident card finalized and issued, the child may then apply at an Immigration office in Mexico. Financials are not required. Parent must be present for the initial Temporary Resident process and present for subsequent resident card renewals. The child’s birth certificate needs an apostille by the state or province where child was born and also required are certified translations completed in Mexico. However, if the name on the child’s and parent’s passports do not exactly match their names on the child’s birth certificate, you will require an affidavit from your Embassy or consulate in Mexico. The affidavit will confirm the person named on the passport is the same person named on the birth certificate. Name match example: John Richard Smith is not the same as John R. Smith to Immigration staff in Mexico. 

Whether the sponsoring parent is a Temporary, the child being sponsored will be a Temporary Resident for 1 year; renew as a Temporary Resident fand after a total of 4 years the child becomes a Permanent Resident. When the sponsoring parent is a Permanent Resident, the sponsored child will be a Permanent Resident.

In a few cases a child over age 17 may be sponsored when child is still in school or dependent of parents for medical reasons. In those situations, sponsorship must start at a Mexican consulate and not in Mexico.

An adult child may sponsor an adult parent.

Parent applies for same visa classification as an adult child. Document name exact matches are a must. Child’s birth certificate and apostille are required from the state or province where the event took place and both documents are to have certified translations completed in Mexico. Required are child’s and parent’s passport plus child’s TR or PR resident card.

A child born in Mexico may sponsor a parent.

Mother and father may apply as a permanent resident. Parent/s need to be in Mexico legally. Required will be the child’s Mexican passport and birth certificate. Both parents may apply at nearest Immigration office for permanent resident, sponsored by the new born. Parent’s name on baby’s birth certificate must exactly match names on parents’ passports and not one letter different. The child born in Mexico may sponsor siblings as Permanent Residents. Or, a parent who has gained PR by being sponsored by the baby born in Mexico may sponsor other children not born in Mexico. Those other children must be under age 18 and they will be Permanent Residents.

When a child is born in the US and has dual citizenship the child may sponsor a parent.

Parent may be sponsored in Mexico by the child as a temporary resident for 1 year. At the end of one year, the temporary resident card is renewed for 1 more year as a temporary resident. After 2 years parent becomes a permanent resident. At no time are financials required. The child must have a Mexican birth certificate with a QR code. Child also needs Mexican ID such as Mexican passport. As well, names on both passports must be identical to child’s and parent’s names on child’s Mexican passport. This process will take several weeks and applicant must remain in Mexico until completed.

A Mexican citizen may sponsor a spouse.

Financials are not required.

1. Pre-approval for residency at a Mexican consulate: the process may be started at a Mexican consulate outside of Mexico and the Mexican citizen sponsors their spouse. In that situation apostille of marriage license is not required. Finalizing the resident card is completed in Mexico at an Immigration office.
2. Bypass consulate and request residency in Mexico when married in Mexico: your marriage is already recorded with Registro Civil and there is no need for apostille nor translations. The process is completed at an Immigration office in Mexico.
3. Bypass consulate and request residency in Mexico when married outside of Mexico: you will require an apostille of marriage license. First, the marriage must be recorded in Mexico at a Registro Civil office as found in most municipalities in the country. The Registro Civil office will specify who may provide the certified translations of the marriage license and apostille. Once registered application is made at a local Immigration office.
4. Wherever you are married, both names on the marriage license and on passports must be identical. Sponsored spouse will receive a one-year Temporary Resident visa at most Immigration offices (2 years is rare but a possibility) and in 12 months renew for one more year. After two years the person becomes a Permanent Resident and may apply for citizenship.

Earning income paid in Mexico.

A tourist may not earn income sourced in Mexico. For those who are Temporary Residents and wish to earn income in Mexico, you apply for a “work visa” officially known as Permiso Para Trabajar. Eamples of types of income include being a landlord, selling art, paid performing (musician, acting, singer), realtor, opening a business, providing paid services (massage, hair stylist, consulting), etc. To obtain a work visa you must first register with SAT for taxes. This is best done by an accountant to ensure the correct category of income is selected. Once registered, you must immediately apply for a new Temporary Resident which states Permiso Para Trabajar. You do not have 90 days to apply for Permiso Para Trabajar as a Temporary Resident is not allowed to earn income sourced in Mexico. A Permanent Resident may work but again, you must register with SAT and inform Inmigracion but this time you have 90 days to do so as a Permanent Resident may earn income. In a few rare occasions, you may be still denied. Failure to register with Inmigration within the times I noted will lead to a fine and in some instances deportation.

When you are applying or renewing a “work visa” at Immigration you must have a “CONSTANCIA DE SITUACION FISCAL” with the QR code. This will confirm to INM staff that you are current with your taxes.

As well, INM’s staff will check with SAT’s database (taxation office akin to IRS and Revenue Canada). They are able to determine if you have an RFC number and if that RFC was registered for a business including being a landlord. If the latter, be prepared for the consequences from a fine to deportation.

For those being offered employment by an employer in Mexico, your employer needs to be registered with Immigration (INM) and also this employer needs to renew registration with INM annually. Your potential employer first applies for your work visa at a local INM office. The employer submits various company documents proving its legal existence, that taxes are paid, and the identity of the representative. Then, once these documents have been approved, you book an interview at a Mexican consulate outside of Mexico. The Mexican consulate inserts a pre-approved visa in your passport. At your point of entry in to Mexico, your pre-approved visa is to be date stamped and your FMM is checked “CANJE, meaning to exchange. Your FMM will be for 30 days. You must not enter as a tourist. You then have 30 days to complete your visa process at a local Immigration office.

STUDENT VISA

If you have been accepted for an education institution in Mexico, you’ll need to apply for this visa. At many schools a student visa is also required for all grades of education unless student is a temporary or permanent resident. Many schools now deny enrollment for tourists. Application starts at a Mexican consulate.

Requirements:

1. Application form filled, available here.
2. One Passport size photo, in color, no glasses, taken within the previous 6 months to the application (either 1.5 x 1.75 in or 2 x 2 in are accepted).
3. Valid passport and copy of main page.
4. Original Acceptance letter from the School/Institution/University, which must include:
   • Applicant’s full name 
   • Level of study/ Degree
   • Field/ Program of study
   • Start and end date of course 
   • Tuition fee
   • Full name and address of the institution 
5. Proof of economic solvency demonstrated with any of the following and the amounts vary from consulate to consulate:

1. Original and copy of documents proving that the applicant has received a salary,  pension or scholarship of at least $1037.00 US Dollars during the previous 3 months to the date of the application. 
2. Original and copy of investments or bank statements with an average monthly balance of at least $10,372 US Dollars during the previous 3 months to the date of the application. 

The requirement of economic solvency may be sponsored by parents or legal guardian (for students under 25 years old), it is necessary to submit along with the application:

• Original Letter from parents stating that they will be sending their son or daughter the amount of, at least $10,372 US dollars per month, besides tuition (Affidavit of support)
• ID copy of parents (valid passports) and applicant’s birth certificate.

6. Payment of $54.00 USD / $80 Canadian.

Temporary Resident for Religious Activities

The requirements may vary from one Mexican consulate to another.

Requirements:

1. Complete the application.

2. Valid Passport (book passport) original and one copy.

3. If you are not a US citizen, you must provide your legal residence (green card, US valid visa multiple entries, or I-797, I-20, DS-2019 advance parole from DHS –Department of Homeland Security), original and copy.

4. One passport sized photo. Front view, white background (recent and without glasses). If must be printed on matte or glossy photo quality paper.

5. Original invitation letter of an organization (public or private) must be addressed to the Consulate General of Mexico in San Diego, requesting that the foreign person is going to participate in an unpaid activity in National territory. The letter should contain the following information:

a) Full name should be the same as the applicant’s passport and nationality

b) Corporate name of the organization;

c) Official registration number of the company;

d) Purpose of the organization;

e) Full address and contact details of the organization or institution;

f) Information of the activity performed or the project that involved the foreign. The activity of the foreign person must be related with the purposes of the organization or institution that invites;

g) Duration or approximate date of completion of the activity carried out;

h) The manifestation of shared responsibility for the maintenance of the foreign person while in Mexico and their return to their country of origin or residence; and

i) Copy of valid official ID of the person who signed the letter of intention from the Mexican company (with photo, full name and signature “must be in ink, electronic signature is no valid”). ”). The name and signature must match both in the letter and the ID.

6. Original letter of consent (Anuencia) from “Secretaria de Gobernacion”.