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 couple, normally, each person of a couple proves income or investments or home ownership in Mexico. 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.

Another option is for sponsorship in Mexico, when one spouse qualifies and the other does not. 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 (if American) or legalized (if Canadian) and then certified translations completed in Mexico. As of Jan 11, 2024 Canadians will be able to obtain an Apostille vs legalization. However, 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. 

Whether the sponsoring spouse is a Temporary or Permanent Resident, the spouse being sponsored will be a Temporary Resident for 1 year; renew as a temporary Resident for 3 more years and then that person becomes a Permanent Resident.

A child under age of 18 is sponsored by a parent. The process and requirements are same as above. 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. Again, document name exact matches are a must. Child’s birth certificate and apostle are required and those are to have certified translation in Mexico. Also require child’s and parent’s passport plus child’s TR or PR visa card.

With a child born in Mexico, mother and father may apply as a permanent resident. Baby’s Mexican birth certificate must have a QR code. In addition parent/s need to be in Mexico legally. Required will be baby’s birth certificate and vaccine booklet with your baby’s photo and official stamps. If the clinic that provides vaccines has no vaccine booklet you will need to apply at SRE for your baby’s passport. Both parents may then apply at nearest Inmigracion 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. Once that permanent resident visa card is issued, the parent who is now a PR, sponsors other children under age 18. Those sponsored by the PR will be a temporary resident.

With a child born outside of Mexico who has gained Mexican citizenship through a Mexican parent the other parent may become a Permanent Resident. Application is made in Mexico. There is no need to prove financials. Names on passports must be identical to names on child’s Mexican birth certificate.

Obtaining a visa through marriage to a Mexican national means financials are not required. The process may be started at a Mexican consulate outside of Mexico or in Mexico. Marriage license must have an apostille if married in US or legalized if married in Canada. Both the marriage license and the apostille must be translated by a certified translator in Mexico. Prior to applying at Inmigracion in Mexico, you must register your marriage at Registro Civil in Mexico. When married in Mexico, your marriage is already recorded with Registro Civil and there is no need for apostille / legalization nor translations. 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.

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 quickly 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.

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-appproved 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
   • Length of  the program 
   • 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.

7. Payment of Consular fee ($51.00 USD). Consider that if your visa is denied, the payment is not refundable

Regularization

• You are currently in Mexico and your time as a tourist has expired.

• You must have been in Mexico prior to 2022 and best proven by a stamp/s in your passport.

• There are two INM fees plus a fine. 

• Your temporary resident will be for 4 years

• Financials are not required.

• For a child under age 18, it requires an original birth certificate, an apostille or legalization and certified translations. The parent’s name on child’s birth certificate must exactly match parent’s name on parent’s passport.

• This is a temporary program and may end at any time.

• It may not be available at all Inmigracion offices in Mexico.

Temporary Resident for Religious Activities

The requirements may vary from one Mexican consulate to another.

Requirements:

1. Fill out 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”.