Temporary or permanent residence visa requested from the Institute by family unit (Procedure 8)

Procedure 8	Temporary or permanent residence visa requested from the Institute by family unit
Case in which it occurs:	Applicable to the Mexican or foreign person who holds the status of temporary resident, temporary resident student, or permanent resident who requests a visa for a foreign person with whom he or she accredits a relationship according to what is indicated in the resolution criteria section of this procedure.
Legal basis:	Articles 1, 3, sections I, XI, XVI, XIX, XXIX and XXX, 20 section III, 21 section IV, 35, 37 section I, subsection a), 39, 40 sections IV, V and VI, 41, 43, 52 section VII, 55, 56, 77, 78, 79, 126, 127, 128, 130 and 131 of the Law, 12, 13 and 58 of the Law on Refugees and Complementary Protection, and 1, 2, 111, 112, 113, 114 and 117 of the Regulation.
Form of presentation:	Format to request visa authorization from the Institute.
Place where it is presented:	Institute processing offices.
Amount of fees:	DOES NOT APPLY.
Maximum resolution period:	20 business days.
Validity of the authorization:	30 business days from the day after the petitioner is notified of the origin of the consular interview.
Exceptions to article 15-A of the Federal Law of Administrative Procedure:	The one provided for in sections I and III, except numerals 3 and 4 of subsection f. of the requirements section.

Requirements:

I. Original and copy of the valid official identification of the Mexican, or valid residence card of the foreign person who proves a relationship and requests a visa for their family member or relatives;

II. Legible copy of the passport or identity and travel document that is valid in accordance with international and current law of the foreign person for whom a visa is requested;

III. That the foreign person for whom the visa is required does not have an application for a temporary or permanent residence visa submitted to the Institute for a family unit pending resolution.

IV. The applicant must prove family ties with the foreign person for whom the visa is requested, in accordance with the following:

to. If it is the father or mother of the petitioner, the petitioner's birth certificate must be presented, in original and a copy; or

b. If it is a child of the applicant, the birth certificate of the foreign person for whom the visa is requested in original and copy must be presented. The foregoing as long as the foreign person for whom the visa is requested is a girl, boy or adolescent who has not been married or who is under their legal representation or is of legal age who is in a state of interdiction and is under their representation legal; or

c. If it is the spouse of the petitioner, original marriage certificate and copy. In the event that the petitioner is Mexican, he or she must present a Mexican marriage certificate; or

d. In the event that the petitioner has proven a marriage bond with another person, he or she must present a document issued by the competent authority, in original and a copy, in which the dissolution or termination of the same is determined; or

and. In the case of the applicant's concubine or common-law partner, a document issued before the competent authority, from the country of origin or residence of the foreign person for whom a visa is requested, or from the country where the legal act was held that proves that he / she has lived with the sponsor jointly, constantly and permanently for a minimum period of five years, or

F. If it is a child of the spouse, concubine or common-law partner as long as the foreign person for whom the visa is requested is a girl, boy or adolescent who has not been married or who is under their legal representation or is of legal age is in a state of interdiction and is under its legal representation, it is required:

1. Birth certificate of the foreign person for whom the visa is requested, in original and copy,

2. That the father or mother of the foreign person for whom a visa is requested, prove a link with the petitioner in accordance with what is indicated in subsections c. and d. of this procedure, in original and copy,

3. Copy of the passport or identity and travel document that is valid according to the international and current law of the spouse; concubine, concubine or equivalent figure of the petitioner, and

4. Original of the document issued by the competent authority in which the other father or mother of the minor consents to the departure of his minor child to reside in Mexico.

g. In the case of a boy, girl or adolescent, whose guardianship is in charge of the petitioner, document issued by the competent authority, in original and copy, or

h. If it is a brother of the applicant, he must present the applicant's birth certificate and the birth certificate of the foreign person for whom a visa is requested, in original and copy. The foregoing as long as the foreign person for whom the visa is requested is a girl, boy or adolescent who has not contracted marriage, or is of legal age who is in a state of interdiction and is under their legal representation, and

V. The foreign applicant who obtained permanent residence because his refugee status has been recognized and who requests the internment of his spouse, common-law partner, common-law wife, children, blood relatives up to the fourth degree, blood relatives of the spouse, common-law partner, concubine, up to the second degree, you must present an original and a copy of the document with which it accredits the recognition by derivation of refugee status for the family member, by the Mexican Commission for Aid to Refugees.

Resolution criteria:

- The promoter is considered to be a Mexican or foreign person holding the status of temporary resident, temporary resident student or permanent resident, who requests a visa for a foreign person with whom he or she proves family ties.

- Concubines or concubines are considered in accordance with the Federal Civil Code, people who live in common constantly and permanently free of marriage for a minimum period of five years.

- The character of concubine or common-law partner will also be recognized for the foreign person who does not comply with the period indicated in the previous paragraph, but who has children in common with the Mexican or foreign resident in the country.

- In no case, the applicant may request a visa for more than one spouse 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 to the Institute.

- The immigration authority can obtain the means of proof that it deems convenient to better provide.

- The immigration authority will deny the immigration procedures of the promoters who are located in the assumptions of article 43 of the Law.

Important information for the user:

- The authorization issued by the Institute will be valid for 30 business days from the date it is granted. At the end of that term, the authorization loses effect and you will not be able to continue with the process.

- Mexicans and foreign persons holding the status of temporary resident, temporary resident student or permanent resident in the country, have the right to the family unit of their parents, minor children, spouse, concubine, common-law partner or figure equivalent, minor children of the spouse, concubine, common-law or equivalent figure, or, minor siblings in the case of Mexican promoters or permanent residents, in accordance with the provisions of articles 52 section VII, 55 and 56 of the Law.

- The types of visa that are issued by family unit are the following:

1) Permanent residence visa for the following relatives of Mexicans and foreigners who hold permanent residence status: a) parents, b) minor children who have not been married and are under their legal representation or who are of legal age but they are in a state of interdiction and are under their legal representation, the same applies to the children of the spouse, common-law partner, common-law wife or equivalent figure, c) minor siblings who have not contracted marriage and are under their legal representation; or who are of legal age but are in a state of interdiction and are under their legal representation.

2) Temporary residence visa for the following relatives of foreigners holding the status of temporary resident or temporary resident student: a) parents, b) minor children who have not been married and are under their legal representation or who are older of age but are in a state of interdiction and are under their legal representation, the same applies to the children of the spouse, common-law partner, common-law wife or equivalent figure, c) spouse, common-law wife, common-law partner or equivalent figure.

This visa also corresponds to the spouse, concubine, common-law or equivalent figure of a Mexican or a foreigner with permanent residence.

- The foreign person must process within the next 30 calendar days from their entry into the national territory, before a formalities office of the Institute, the exchange of the FMM for the residence card that proves their legal stay and allows them to remain in national territory. In this procedure, you must prove the payment of the right for the granting of immigration service generated by the issuance of the immigration document.

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