Temporary Residence Visa (procedure 5)

Procedure 5	Temporary Residence Visa
Case in which it occurs:	Applicable to foreigners who intend to enter Mexico as a temporary resident in order to stay for a time greater than 180 days and not more than 4 years.
Legal basis:	Articles 1, 3, sections I, VI, XI, XIV, XIX, XXIII and XXXI; 16, fractions II and III; 21, fractions I and IV; 35, 37, fraction II; 39, fraction II; 40, fraction IV; 41, 43, 52, section VII, VIII and IX; 55, 56, 63, 126, 127, 129 and 130 of the Law and articles 1, 2, 102, 107, 111, 112 and 113 of the Regulation.
Presentation:	Visa application form at the consular office.
Place where it is presented:	Consular offices of Mexico.
Amount of fees:	Those provided for in Article 22 of the Federal Law on Rights for the issuance of the visa. The consular offices will collect the fees in the currency of the country authorized by the Ministry of Finance and Public Credit.
Maximum period to resolve the procedure:	10 working days.
Maximum validity of the visa:	180 days.
Tickets allowed:	A.
Exceptions to Article 15-A of the Federal Law of Administrative Procedure:	Those indicated in sections I, III, IV sections a and c, numerals 2, 3 and 4; Sections d, e and f of the requirements section.

Requirements:

I. Passport or identity and travel document that is valid in accordance with current international law, in original and copy;

II. A photograph with the face visible and without glasses, in color, passport size, whose measurements must be at least 32.0 millimeters x 26 millimeters and a maximum of 39.0 millimeters x 31.0 millimeters, with a white background and front;

III. Original and copy of the document that proves their legal stay, if the foreign person is not a national of the country where the visa is requested, and

IV. Present the documents that prove any of the following assumptions:

to. Economic solvency:

1. Original and copy of proof of investments or bank accounts with an average monthly balance equivalent to five thousand days of the general minimum wage in force in the Federal District, during the last twelve months; or

2. Original and copy of the documents that show that you have a job or pension with monthly income free of encumbrances greater than the equivalent of three hundred days of the general minimum wage in force in the Federal District, during the last six months.

b. Scientific research in jurisdictional waters of Mexico:

1. Copy of the communication by which the diplomatic representation in Mexico of the country of which they are nationals or residents, notifies the foreign person that the SRE received the authorizations from the competent national authorities, if they are foreign persons who wish to enter to participate in scientific research projects and / or sample collection in the national territory or in jurisdictional waters of Mexico. The communication must contain the following information:

i. Applicant's full name and nationality;

ii. Name or company name of the organization or public or private institution that invites the foreign person;

iii. Information on the activity to be carried out or the project in which the foreign person will participate, and

iv. Estimated duration or approximate date of completion of the activity to be carried out.

c. Invitation from an organization or a public or private institution.

1. Original of the responsive letter from an organization or a public or private institution that invites the foreign person to participate in some unpaid activity in the national territory. The letter must contain the following information:

i. Applicant's full name and nationality;

ii. Name or company name of the organization;

iii. Official registration number, as appropriate;

iv. Object of the private or public organization or institution;

v. Full address and contact details of the organization or institution;

saw. Information about the activity to be carried out or the project in which the foreign person will participate. The activity of the foreign person must be related to the purposes of the inviting organization or institution;

vii. Estimated duration or approximate date of completion of the activity to be carried out;

viii. The statement of joint and several liability for the maintenance of the foreign person during their stay in Mexico and their return to their country of origin or residence, and

ix. Copy of official identification with signature and photograph of the person signing the responsive letter.

2. In order to prove that it has the resources to fulfill the joint and several obligation referred to in subsection viii of the previous numeral, the inviting organization or private institution will present an original and a copy of the investment voucher or bank accounts with an average monthly balance equivalent to ten thousand days of the minimum wage in force for the Federal District, during the last twelve months.

Public institutions and private institutions belonging to the National Educational System do not need to prove economic solvency.

3. The documents with which the foreign person certifies that they have the experience, capacity, skills or knowledge necessary to carry out the activity for which they are invited, in original and copy.

4. In case the inviting institution does not cover the living expenses:

i. Original and copy of proof of investments or bank accounts with an average monthly balance equivalent to five thousand days of the general minimum wage in force in the Federal District, during the last twelve months, or

ii. Original and copy of the documents that show that the visa applicant has a job or pension with monthly income free of encumbrances greater than the equivalent of two hundred days of the general minimum wage in force in the Federal District, during the last six months.

d. Under the protection of an international legal instrument for the mobility of persons.

1. Free writing by which the applicant presents his candidacy to the Consular Office, in which he indicates under which instrument he is requesting a visa, in original.

2. Comply with each of the requirements set forth in the corresponding international legal instrument for mobility, established by the immigration authorities, based on current regulations.

and. Family unit

1. Link with a foreign person holding a temporary residence or temporary resident student visa:

i. If the applicant is the spouse, concubine or common-law partner of a foreign person who holds a temporary residence visa or a temporary resident student, marriage certificate or document proving the common-law relationship or equivalent figure issued by the competent authority in accordance with the applicable legislation of the country in where the legal act was held in original and copy; or

If the applicant has a foreign child who has a temporary residence visa or a temporary resident student, the child's birth certificate, in original and a copy; or

If the applicant has a foreign father or mother who holds a temporary residence visa or a student temporary resident visa, as long as he or she is a girl, boy or adolescent and has not contracted marriage or is in a state of interdiction and is under their legal representation, act of birth of the applicant, in original and copy; or

If the applicant is the child of the spouse, common-law or common-law person of a foreign person who holds a temporary residence visa or a temporary resident student, as long as he or she is a girl, boy or adolescent and has not been married or is in a state of interdiction and is under your legal representation:

- Applicant's birth certificate, original and copy, and

- Marriage certificate or document proving the common-law or equivalent figure issued by the competent authority in accordance with the applicable legislation of the country where the legal act was held in original and copy;

ii. Temporary residence or temporary resident student visa, valid and in force in original and copy, and

iii. Prove economic solvency for the maintenance of each of your relatives during their stay in the country, with:

- Original and copy of proof of investments or bank accounts with average monthly balance equivalent to one hundred days of the general minimum wage in force in the Federal District during the last twelve months; or

- Original and copy of the documents that show that you have a job or pension with monthly income free of encumbrances greater than the equivalent of one hundred days of the general minimum wage in force in the Federal District, during the last six months.

2. Marriage or cohabitation with a foreign person holding a permanent resident visa:

i. Marriage certificate or document proving common-law marriage or equivalent figure issued by the competent authority in accordance with the applicable legislation of the country where the legal act was held in original and copy;

ii. Permanent resident visa, valid and in force in original and copy, and

iii. Prove economic solvency for the maintenance of your spouse, common-law wife, common-law partner or equivalent figure during your stay in the country, with:

- Original and copy of proof of investments or bank accounts with an average monthly balance equivalent to one hundred days of general minimum wage in force in the Federal District, during the last twelve months, or

3. Link with a foreign person who has the status of temporary resident or temporary resident student:

i. If the applicant is the spouse, concubine or common-law partner of a foreign person with the status of temporary resident or temporary resident student, marriage certificate or document that accredits the common-law or equivalent figure issued by competent authority in accordance with the applicable legislation of the country in where the legal act was held in original and copy; or

If the applicant has a foreign child with the status of temporary resident or student temporary resident, the child's birth certificate, in original and copy; or

If the applicant has a foreign father or mother with the status of temporary resident or temporary resident student, as long as it is a girl, boy or adolescent and has not contracted marriage or is in a state of interdiction and is under their legal representation, act of birth of the applicant, in original and copy; or

If the applicant is the child of the spouse, concubine, common-law or equivalent figure of a foreign person with the condition of stay of temporary resident or temporary resident student, as long as he / she is a girl, boy or adolescent and has not contracted marriage or is in legal status. of interdiction and is under their legal representation:

- Applicant's birth certificate, original and copy, and

- Marriage certificate or document that certifies the common-law or equivalent figure issued by the competent authority in accordance with the applicable legislation of the country where the legal act was held in original and copy.

ii. Temporary resident card or student temporary resident card, valid and current in original and copy, and

iii. In the event that the applicant has a relationship with a foreigner who has the status of temporary resident student.

- Letter or certificate issued by the educational institution stating that the foreigner with the status of temporary resident student continues with their studies.

4. Marriage, cohabitation or equivalent figure with a foreign person who has the status of permanent resident stay:

i. Marriage certificate or document proving the common-law or equivalent figure issued by the competent authority in accordance with the applicable legislation of the country where the legal act was held, in original and copy, and

ii. Valid and current permanent resident card, original and copy.

5. Marriage, concubinage or equivalent figure with a Mexican:

i. Marriage certificate or document proving the cohabitation or equivalent figure issued by the competent authority in accordance with the applicable legislation of the country where the legal act was celebrated, in original and copy; and

ii. Document proving Mexican nationality, in accordance with Article 3 of the Nationality Law, in original and copy.

F. Real estate in national territory:

Original and copy of Public Deed granted before a Notary Public that certifies that the foreign person is the owner of real estate, with a value that exceeds forty thousand days of the general minimum wage in force in the Federal District.

g. Investor:

one. Deed or policy of the Mexican legal entity granted before a Public Notary, or document duly certified by the administrative body or competent official of the latter, stating that the foreign person participates in the capital stock of said Mexican legal entity, and that the The amount of the investment actually disbursed for the participation of the foreign person in the Mexican legal entity exceeds twenty thousand days of the general minimum wage in force in the Federal District, which may be credited, but not limited to, by means of a contract for the sale of shares or social parties, contract for the transfer of goods or rights in favor of the Mexican legal entity or document issued by the latter that certifies the amount contributed by way of participation in the capital stock, in original and copy; and

2. Document that proves the ownership or ownership of movable property or fixed assets in favor of the foreign legal entity, used for economic or business purposes, with a value that exceeds twenty thousand days of the general minimum wage in force in the Federal District, in original and copy; or

3. Documentation that accredits the development of economic or business activities in the national territory, which may be accredited, but not limited to, with contracts, service orders, invoices, receipts, business plans, licenses or permits, or a certificate issued by the Mexican Institute of Social Security that certifies that the foreign legal entity is the employer of at least three workers, in original and copy, and

V. Payment of rights for the issuance of a visa in accordance with the provisions of the Federal Law on Rights.

Issuance criteria:

- The issuance of the visa is subject to the result of the consular interview.

- A figure equivalent to concubinage is understood as the relationship between a man and a woman free of marriage who live in common, constantly and permanently for the term established by the legislation of the corresponding country. It will not be necessary for the coexistence in common to comply with that term, when they have procreated children.

- In accordance with the provisions of Article 113 of the Regulations, only the application per family unit in a consular office applies, in the event that the temporary or permanent resident foreign person or the Mexican person is outside the country and accompanies their family member at the time of submitting the corresponding application.

- Based on the principle of family unity and casuistry, the consular offices may document the spouse of a Mexican who is unable to prove the provisions of section III of the requirements section of this procedure.

- Foreign persons, ministers of worship or religious associates applying for a visa must present a responsive letter issued by a religious association. In the event that they present an agreement issued by SEGOB, in terms of article 18 of the Regulations of the Law of Religious Associations and Public Worship, they will be exempt from compliance with the requirements established in section IV, subsection c), numerals 2 and 3 of the requirements section.

- Foreign persons who intend to join the framework of intergovernmental agreements or programs of international cooperation for development, bilateral and / or multilateral, will be documented by instruction of the administrative unit competent in the matter of issuing visas of the SRE to the consular offices in terms of the Fifth Guideline after presenting the requirements indicated in sections I and II of this procedure.

- For the issuance of a visa under an international legal instrument for the mobility of persons, the Consular Office must observe that the applicant certifies the requirements stipulated in the instrument itself, verify that it is in force, be of the nationality of the country or countries with which it is subscribed and that the number of authorized visas has not been exhausted.

- In no case, the applicant may request a visa for more than one spouse, concubine or common-law partner even if the legislation of another country allows it. The foregoing unless it proves, where appropriate, with documentaries issued before the competent authority, the dissolution or termination of the prior bond accredited before the consular office.

- In the appropriate cases, and after charging the applicable fees, the consular office will issue the corresponding visa.

The visa application procedures for foreigners who fall under the assumptions of Article 43 of the Law will be denied.

Important information for the user:

- In places destined for the international transit of people by land, sea and air, the foreign person must present the passport or identity and travel document that is valid in accordance with international law and in force with a visa, and deliver the FMM to the immigration authority properly filled out.

- Foreigners are obliged to provide the information and personal data that are requested by the competent authority within the scope of its powers.

- The visa may be used exclusively during the period of validity, which begins with the date of issue and for a single entry.

- The foreign person must process within the next 30 calendar days from their entry into the national territory, the residence card that proves their legal stay and allows them to remain in the national territory.

- Residents who intend to carry out an unpaid or philanthropic activity linked to the performance of a profession or who require a special authorization, must comply with the provisions of the applicable legislation on the matter and obtain authorizations from the competent authorities.

- According to current regulations, the foreigner who entered the national territory must notify the immigration authority of any change in marital status, change of nationality, the place where he / she establishes his / her domicile or place of work within the following ninety days in for such a change to occur.

: Creado: 27 Agosto 2020; Última actualización: 31 Agosto 2020