Visas through Family/Spouse/Employer

Obtaining a visa under family for a married couple, normally, each person of a couple must prove income or investments or home ownership in Mexico. If only one spouse meets the financial threshold, one option at a consulate is for one spouse to qualify as a Temporary Resident and then with proving additional income or investments, sponsoring souse. 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, if for example the husband qualifies and the wife does not, she enters as a tourist and when the husband has his visa she may start her visa process in Mexico. The spouse does not require financials as she is being sponsored by her spouse. However, if the name on the wife 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.

Example: Mary Elizabeth Smith is not the same as Mary E. Smith to INM. The marriage license will also need to be legalized (Canada) or have an apostle (USA) in the state or province where issued and translated by a certified translator in Mexico. It is the same process to sponsor children using birth certificates.

When the sponsor is a Permanent Resident, the sponsored spouse may apply as a Temporary Resident for one year. The sponsored spouse then renews for three more years. After four years that person may become a Permanent Resident. You need to apostille or legalize your marriage certificate and to have the apostille and license translated by a certified translator in Mexico. When the sponsor is a Permanent Resident parent, a sponsored child, not born in Mexico, age 18 and younger, may apply as a Permanent Resident. The child’s birth certificate requires an apostle or to be legalized and both documents translated by a certified translator in Mexico. The child’s name on passport and birth certificates must match to the letter. 

An adult child may sponsor an adult parent. Parent applies for same visa classification as an adult child. Again, document name matches are a must.

Visa application based on family allows for foreigners with a child born in Mexico to become a Permanent Resident (not a Temporary Resident) by applying in Mexico with no need to prove financials. Parent/s need a current FMM, child’s Mexican birth certificate with QR code and government-issued ID, parents’ passport(s) with exact same name as parents’ name on the child’s 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 and in 12 months renew for one more year. After two years the person becomes a Permanent Resident.

For those who are Temporary Residents and wish to earn income in Mexico, you apply for a “work visa” officially know 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, within days you must apply for a new Temporary Resident which states Permiso Para Trabajar. A Permanent Resident may work but again, you must register with SAT and inform Inmigracion within days. In a few rare occasions, you may be still denied. Failure to quickly register with INM 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. will then allow you. You then have 30 days to complete your visa process at a local Immigration office.

Regularization 2022

This is a program provided by SETRAM and not by Immigration. Each INM office has the authority to vary the program.

• You are currently in Mexico and your FMM tourist card is expired.

• You must have been in Mexico prior to 2020 to apply in San Miguel and prior to 2021 to apply in Puerto Vallarta and Riviera Nayarit. Other Immigration offices may vary as well. This means even if you since left the country and your entries are recorded in the Immigration database you may apply. Stamps in your passport or any other indicator of your presence in Mexico do not count.

• Two INM fees are 12,200 pesos plus a fine which is typically between 2000 and 8000 pesos and under some circumstances even more plus my fee. In San Miguel, a fine is often 8000 pesos.

• Your temporary resident will be for 4 years

• Your appointment at Inmigracion may be made prior to your FMM expiring but your appointment must be for a date after your FMM has expired. This process takes a whole day.

• Financials are not required.

• For a child under age 18, it requires an original birth certificate (no apostille) and then a translation. 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.