The prospective employer in Mexico must submit a work permit application to the appropriate labour authorities in Mexico. Upon acceptance of the complete application package the Institute of Immigration (INM) will analyse the case and issue a final resolution in 30 to 45 days. Once the application is approved the employee will have 90 days to 6 months (depending on each case) to appear before the Mexican Consulate with jurisdiction over his/her place of residence to request the visa. The visa is issued in 3 to 4 days from the time the application is filed at the Consulate.

Regularisation of Immigration Status from Visitor Status to Work Status

A foreign national employee may convert his/her immigration status from a visitor status to work status while remaining in Mexico. The employee can be present in Mexico while the work permit application is being processed; however, the employee will have to wait until the work permit application is filed at the INM to be able to start work. In these cases, once the work permit application is approved, the employee must make a personal appearance at the INM to obtain his/her FM-3 immigration document.

Types of Work Visas

The major types of Mexican employment visa categories are as follows:

(a) FM-2 Visa – For foreigners who have family ties to Mexico or have work in the country over 5 years;

(b) FM-3 Visa – For foreigners who will be paid locally, import household goods or transfer to Mexico with family members.

General Process & Procedure

A Mexican corporate sponsor is required to prepare a work permit application on behalf of the employee. The work permit application is filed with the Instituto Nacional de Migracion (INM) in Mexico. Once the work permit application is approved by the INM, the approval notice is sent to the foreigner so he/she may apply for his/her visa at the Consulate with jurisdiction over his/her place of usual residence.

Basic Requirements to Qualify

To qualify as a sponsor of an FM-3 work permit, the basic requirements for the Mexican company and the assignee are as follows:

(a) The Mexican entity must be duly registered in Mexico and evidence that all corporate income taxes are paid;

(b) The employee must possess relevant professional experience, along with a university-level degree. In lieu of a university degree, the assignee must possess considerable professional experience.

Mexican Corporate Documents Required

The sponsoring Spanish employer must present the following documents:

(a) Copy of the Articles of incorporation and amendments;
(b) Proof of payment of quarterly taxes;
(c) Copy of the legal representatives ID;
(d) Letters of support signed by the legal representative.