July 8, 2015:
Lic. Spencer McMullen, a well respected Mexican attorney who serves expat community needs (and regular Yucalandia contributor), has reported the following update on INM policies for foreigners residing in Mexico, with permission to work:
“Last month, June 2015, immigration circulated an internal update to their offices with changes to how they would treat renewals for people who have work permits. There was no change in the current immigration law or its regulations. This change was made at the whim of higher-ups in immigration.
This change will apply to people who did not originally enter Mexico with an offer of employment work visa and will only apply to those who entered with a regular temporary visa and who later changed to a visa with permission to work. People renewing work visas obtained which were changed from temporary visas will be required to submit bank statements to prove that they either have income from outside Mexico or savings that meet the published Residente Temporal guidelines (400 times minimum wage or 28.040 pesos for income or 20,000 minimum wage or 1,402,000 pesos in assets.
This makes no sense as one who is working in Mexico will not have income from another job outside Mexico. Also, the income limits are different for applications within and outside Mexico as outside the limits are less. Which income / asset standard will they apply? What is one qualified at the consulate for a lesser amount and now within the country they need to show a higher amount?
To be clear, the law and procedure manual published on November 8, 2012 still states in Article 34 that for renewals one only needs to present a letter showing the person still has the same job and how long the job lasts. No other type of renewal visa asks for income documentation to be submitted. The only time a person needs to submit income documentation is if they renew late (regularizacion) or they change the condition of stay (cambio de condicion de estancia) to one where income / assets need to be proven.
I am confident that we can win this on appeal or federal lawsuit but that is extra time and money and while we are on appeal they will not allow you to travel unless we file an amparo so you need to plan to be stuck in Mexico for a while. The first administrative appeal can take 4 to 6 months from the time you are denied until we receive a resolution and if we need to file a federal suit in the administrative tribunal (TFJFA) it can be another year extra until you get things back to normal.
Those of you out there who are in this situation would be advised to save your money and plan accordingly so you will not have problems when it is time to renew.”
… “Lic. Spencer Richard Mc Mullen is an attorney and official court translator who has offices in Chapala and Guadalajara and specializes in immigration and administrative law and has litigated in all courts and wins his cases. ” …
Lic. Spencer may be reached at 376-765-7553 Chapala / Guadalajara (33)1592-3801
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For more details on INM policies on visiting and immigrating to Mexico, see our main immigration article at: ~ Current Rules and Procedures for Immigration, Visiting, and Staying in Mexico
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry
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Any update about this? Thank you!
none yet
I’m checking back for an update yet, and writing to ask related questions.
I plan to get a Residente Temporale based on income, but I also want to be able to add permission to work to it. Since I don’t have a job offer from Mexico now, I’d need to add that permission a few months after getting the RT. Is that allowed? Can I do it without leaving Mexico? Would my existing RT be invalidated? Is this a change that is commonly made?
Thank you very much!!
Yes that is possible.
Your (prospective_ employer gives you a letter… you file for an RFC with SAT/Hacienda … you file your new RFC + Employer’s letter (with specific required details described in our main article on Immigration at https://yucalandia.com/answers-to-common-questions/new-rules-and-procedures-for-immigration-visiting-and-staying-in-mexico/ )
You can make the change at your INM office … with fees.
Happy Trails,
steve
Hi! Any further updates on this?
Also, may I ask related questions?
I plan to get an RT based on income. I won’t have a job offer from Mexico when I apply but I will be looking for work there. Can I add permission to work to my RT a few months after receiving it? Is that commonly done? Would I have to leave Mexico to do it?
Thank you!!
Yes that is possible.
Your (prospective_ employer gives you a letter… you file for an RFC with SAT/Hacienda … you file your new RFC + Employer’s letter (with specific required details described in our main article on Immigration at https://yucalandia.com/answers-to-common-questions/new-rules-and-procedures-for-immigration-visiting-and-staying-in-mexico/ )
You can make the change at your INM office … with fees.
Happy Trails,
steve
You are an enormous help and invaluable resource. Thank you for all of the work you do on this site!
and deep thanks to all the people who have contributed so much of their knowledge, insight … and their stories …
to build it for all of us ….
and to keep building it…
Happy Trails,
steve
Great info! Question for you. I started in Mexico with a Residente Temporal based on economic solvency. Later I got a job offer and added permission to work. My year is up and I need to renew the visa with permission to work. When I renew, do I need to include bank statements with my tramite because I initially had a visa based on economic solvency? I want to give the INM complete info, but I’m afraid I will confuse them if I include anything extra or unusual. I asked two agents at the INM and got two different answers 🙂 Thank you!
Hi Rachel,
The INM agent in front of you is the one who ultimately decides exactly what documents you need to submit.
Re Giving the INM “complete info“:
It’s best to formally apply to renew your visa, and see what documents they require. Take a folder of what you have, and provide them copies of the ones they want.
Happy Trails,
steve
I entered Mexico with a Res Temp based on savings. After arrived I got a job and added permission to work. Then I stopped working. Do I need to change my visa back to the non-working kind? Or am I one of the people that has to start all over again per the rule discussed above? Thank you.
Hi! I entered Mexico with a Res Temp based on savings. I got a job and added permission to work. I got my first renewal and then stopped working. So, I have a Res Temp with permission to work but am am living on savings instead of working. Do I need to change my status somehow at INM? Or am I one of the people who has to start all over per the article above? Thank you!