What is a Work permit in Mexico?
The National Institute of Migration grants a work permit to any foreigner that meets any of the following requirements:
He or she has a job offer from a Mexican registered company and a certificate of registration of the employer.
He or she has a family relationship where the job is necessary to guarantee the family sustenance.
He or she must have a temporary student residency that requires the Mexican National Inmigration Institute authorization to work on their area studied.
The foreigner will obtain a temporary resident card with a work permit. The words “Work permit” will go over the resident card. It only applies to temporary residents (FM3), including students. To easily understand it, every foreigner who wishes to work in Mexico must have a Work permit in Mexico issued by the migration authority, in this case, the Mexican National Inmigration Institute.
If you want more information about this Visa, you can keep reading this article, watch the following video, or complete the following form. In less than 48 working hours, one of our specialized immigration lawyers will give you a free consultancy.
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What is FM3 in México?
FM3 is a migration condition for people who wish to stay in Mexico temporarily. This condition has a time limit that can extend according to migration characteristics that foreigner requests, such as student, visitor, correspondent, etc.
How can I get a Work permit in México?
There are notable points to consider to get a Work permit. The first one is the Certificate of Registration of the Employer. Until now, this document is deemed as the permit the Mexican National Inmigration Institute grants to companies to hire foreigners. That is why companies must register before the Mexican National Inmigration Institute.
What is the Certificate of Registration of the Employer?
Companies that wish to carry out migration proceedings for their foreign employees must present the following characteristics before the Mexican National Inmigration Institute:
Have a fixed office, because the NIM cares about the company's operability. If you are a foreigner, you need to verify that the company hiring you has fixed offices.
Have Mexican employees. Companies must have an office division where 80% of employees are Mexicans and 20% foreigners.
Must be properly established. Whether an individual or legal entity is in charge of the foreigner’s hiring, it must have all documents in order.
Have their tax payments updated. According to the current fiscal year where the permit is requested as if NIM detects a default in the tax paid by the company, the NIM will ban all register proceedings.
Have proof of address. It must correspond to the address presented when registering the company before the taxpayer's registry with the address given by the foreign worker.
All companies must know that the Mexican National Inmigration Institute permanently supervises to know if foreigners work and carry out the remunerated activities described on the Job offer letter as established when requesting the permits.
As a company, it is important to notify foreign employees that Mexican National Inmigration Institute will constantly be verifying submitted information by agreements with clients, with suppliers, or even by checking the company’s payroll to certify the information.
What is a Job Offer Letter?
The second point to consider to work in Mexico is the Job offer Letter. It is a document that your employer will give you when carrying out migration proceedings and a Visa request for your work offer or your stay condition, whether for temporary residence or for obtaining the Work permit.
The letter must be addressed to the NIM with such elements to be accepted.
The third point, the most important of all, is getting an Employment Visa. To get this document on your passport, you must start with a proceeding that begins with the company; therefore, the company must initiate the Visa by Job offer proceeding.
To get a Visa by Job offer, companies must submit this process at the NIM to verify the information provided: the Job offer Letter, the legal representative INE (ID), and a certificate of registration of the employer. With these documents, the company will be issued a resolution where a foreign employee can now be interviewed in a consulate abroad.
How is the interview for getting an Employment Visa in Mexico?
During the interview, through the foreign employee, the staff of the consular section will verify the information provided by the company. Once you answer the questions correctly, the embassy will issue a Visa for 180 days.
Don’t worry! This document is only to enter Mexico and exchange for a temporary residence with a Work permit. However, you must know that this is the only way to get the temporary residency with a Work permit directly. It means that, if you live in Mexico, to get a Work permit as a tourist, you can only do so through this proceeding, which is a Visa by a Job offer authorization.
What’s the difference between a Visa by Job offer and Temporary residence with a Work permit?
If you are a foreigner with a Visa by Job offer, you can enter Mexico. The migration authority will then give you a document called the Multiple Immigration Form. This document will allow you to go to the Mexican National Inmigration Institute to complete the relevant worksheet with your address and the expenditure rights applicable to the year to exchange your Employment Visa for a Temporary residency with a Work permit.
However, notice that if you are a foreigner with a family unit, investor, or financial solvency residency, you can obtain this work permit after submitting your documents, which are almost the same as for the Employment Visa.
Requirements to apply for a work permit in Mexico
To carry out this procedure, you must have the following documents:
Certification of Registration of the Employer
Legal representative’s ID (INE)
Job offer letter
Once presenting such documents, you can obtain the work permit.
If you are a temporary student residency, there’s a significant change when requesting this permit. There are two options. One is changing your condition from a temporary student residency to a temporary resident with a work permit. To do so, you must have:
Certification of Registration of the Employer
Legal representative’s ID (INE)
Job offer letter
The second one is, if you are a temporary student residency who only has a work permit, you cannot generate residency rights and must carry out activities related to your studies in Mexico. Notice that, because of this option, your stay condition remains as a temporary student residency.
Tips to get a work permit or FM3
In short, if you want to work in Mexico, it is essential to consider the following:
Contact a company that has a certification of registration of the employer;
Such company must start the Visa by job offer authorization process;
The NIM will check the company under established requirements;
Once verified company’s truthfulness, it can request the document and resolution so that you can get your Employment Visa; and,
Once you are in Mexico, it is important to go to the NIM to change your Visa for a temporary residence with permission to work.
If you want a free 20-minute consultancy, complete the following form, and in less than 48 hours, an immigration lawyer will contact you by videocall.
DIAM S.C.
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