Temporary Residence Permit

I'm working at a private school in a small Mexican city, a job I started at the end of November 2019.

My contract states that the school will take care of all paperwork and costs associated with my obtaining a temporary residence permit.

When inquiring about this in March, the school indicated that there would be problems with getting things done because of the pandemic.  When I recently contacted the school to get an update, they didn't respond.

I will be inquiring again but I am curious about some things.  In part, this stems from the fact that a series of foreign teachers have worked here -- some in excess of a year -- without getting there permits. In fact, nobody knows of a foreign teacher here who has received their permit.

First, I read at a lot of sites that I essentially have no rights with regard to Mexican labor laws without a residency permit.  Is that correct?

Second, I receive no payment receipts from the school and assume I'm essentially being paid "under the table".  I worked at another school in Mexico a number of years ago and while they did sponsor me in getting a permit, they weren't in a big rush to do so.  Combined with what's happening now, I've missed nearly two years of Mexican social security. 

My question then is, what are the legal obligations of a school with regard to their foreign employees and their attempts to get legal residency?  I know there's much to do before this, but without a residency permit, do I even have legal recourse in compelling the school to abide by their contract with me?

Welcome to ex-pat Mexico oldgrowth,

Mexico is very complicated and paper-heavy. It sounds like you are in a precarious position. Previously it was not simple but could be done. Unfortunately non of that applies now. Now things are chaotic.
If I were you I would talk to a good Mexican lawyer.

Possible helpful sources to look at :
https://www.nafta-law.com/2019/05/mexic … t-changes/https://www.mexperience.com/lifestyle/l … migration/

Buena Suerte

I found an article that stated INM offices are extending tourist visas during Covid 19.  Not sure if they are still doing that, but you might want to check.  Also, even if your tourist card lapses, it's not really a crime, you just pay a fine, which is a maximum of $400 or so, I believe.  My friend who lived in the apartment where I am always overstays her tourist visa.  She told me that when she goes to the airport to fly home, she just tells them at the booth that she lost her tourist visa.  They give her a new one, which she pays for, and she's done.  I am not recommending that you do this, just telling you what she did this on more than one occasion.  However, if you are working here, that's a different matter.  I believe they are cracking down on people who live here and make money here, and are not reporting the income.  The sad thing is this:  they have raised the income requirements for a temporary visa to $2,000 per month, and a permanent visa to over $3,000 per month.  I am not sure about a work visa (it could be lower).  You can go to any immigration office you want in the States, to start the process.  I read that the Arizona offices are more lenient, and take lower income amounts, so you may want to try them first.  The Yuma, Arizona consulate was really easy, according to what I have heard.

Hi there,

I got my temporary residence Visa in the Phoenix Consulate in Arizona. The income requirements have indeed changed, I was lucky enough to reach $2,000 in bank statements but the process is fairly easy, but they check your bank statements closely to ensure you meet the criteria, but if you meet the requirement, they immediately put a visa sticker on your passport and you have to return to Mexico to exchange it for a Temporary Residency Card. :)

The real pain with the process begins when you return to Mexico, all papers and forms have to be filled out and submitted to INMI along with a payment for the RT Card.

We are in a period of major change everywhere so I would suggest that INM be your source of information or one of the consulates. Hearsay or history is not a good information source now.

I just found out that there is a new program due to Covid 19.  In San Miguel, they are using the UMA method for calculating income requirements.  It's lower now and I meet the requirements for a temporary residency.  I guess this law was passed awhile ago, but most consulates don't use it.  You can do it in Mexico (at least in this office) and they also will extend your tourist visa, for a small fee of course.  Cheaper than flying back and forth though!  Here is the link I found:  https://www.facebook.com/D-POLO-Tramite … e_internal

I assume you are in possession of FMM-Tourist visa. This visa does not give you the right to work. Having   correspondence offering employment will mitigate receiving undocumented pay. I forsee that the school will abandon you. When employers don't  reply, they are essentially saying, they do not want to deal with the problem.

Your FMM can not be extended. Be prepared to depart MX before expiration of the visa.

Visit the closest immigration (INM) office immediately.  Take all correspondence and documents with you. Don't forget the FMM.

Hello,

Even though we went into the COVID urgent phase, the Immigration Offices did not stop working. Our Office handled all the necessary Temporary Residence Permits and the INM gave the necessary services, sometimes yes with more waiting time due to the restrictions and less personnel, but the reason that they gave to you is inadmissible.

It is unclear whether the school you are working for are correctly registered before the Instituto Nacional de Migración in order to be able to hire foreigners. This is done through a 'Constancia de Inscripción del Empleador' and which is a requirement that any company hiring foreigners must comply with. If you came to Mexico under a Work Visa initiated by them then that means that they have this permit. However, if you came to Mexico under a Temporary Residence (not from a work offer), you will only be allowed to work with a Work Permit also requested at the Immigration Authority. Companies are not obliged to provide you with the service of your residence card, but these same companies are obliged to have all their foreign personnel under the right immigration status and the authority can audit them any time.

It seems that this school is having many labour irregularities according to the facts that you mention. Any serious place and in compliance to the law will provide you with IMSS registration for social security and will report all your payments to the Tax Authority, SAT (this is done directly on their platform and under very strict rules), and yes, you would be having all the labour benefits and obligations required in the Ley Federal del Trabajo.

In summary, the Temporary Residence Card in force is an Immigration Requirement. So the best is that you contact an immigration lawyer (very important to regularize your Immigration Situation , have your Residence Card renewed and pay the corresponding fine, and this to give you the peace of mind of staying in the country). If this school is not providing the right conditions look for a better and more serious opportunity. Once with your Residence Card you can also register before the SAT to be able to present tax-approved receipts from any income that you have, but unfortunately this is more like a free-lance and the employer will not have any obligation towards you, only to correctly report the payments made to you (this last option when the employer does not hire you as an employee and only requires your services as a free-lance).

Let us know if you need more information.

***

Moderated by Priscilla 3 years ago
Reason : free advertising is not allowed on Expat.com + thanks to get registered in the business directory
We invite you to read the forum code of conduct