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New Rules for Work Visa Renewal (July 2015)

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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

www.chapalalaw.com

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I doubt most anyone wishing to work is that set financially nor does it make sense. Spencer so far not the practice in SMA and this office serves a large area including Celaya, Dolores Hidalgo, SMA and some from Guanajuato and they follow the law extremely well. I can not check until the 20th as away but will do then. If that is only local to your area another option is we can submit documents here and use a change of address. Lucrativas are taking 4 - 5 weeks here. Then later change address back.

saludos

Sonia

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We were told about this last week and think it is in the process of being implemented. It might be a stretch for someone to live in SMA and work lakeside.

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Many self employed such as musicians, those selling art, self employed teachers etc could do exactly as I noted.Then when visa issued change address back to lakeside.

If this is put into practice if a landlord for example, renewing a "right to earn income" will be very difficult. And tenants will have a lot of power.

saludos

Sonia

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We will need to wait and see how they will act and if we have to appeal and complain to Mexico City.

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Some Mexican Consulates were accepting applicants work stubs as a means to meet the financial solvency for a first timer getting approval for a retiree/pensioner Residente Temporal preapprove 6 month visa in their passport. I always thought that was strange. If they upgraded to a Residente Temporal with a "Permiso para Trabajar" by getting a job offer inside Mexico then they would be working legally for 1 year and when their RT with a "Permiso para Trabajar" expired what would be their source of income? They quit their job NOB which was the reason they met RT first timer financial solvency. They now have income based on their job in Mexico. I do not find the policy that out of line with the current situation some might be in as they really did not have an outside income that would last once they quit working NOB. Possibly the INM officials realized this and are now requiring these applicants and others conform to financial solvency they might have needed in the first place to become a first time retiree/pensioner Residente Temporal.

On another note these Mexican Consulates that accepted pay stubs and preapproved applicants for a Retiree/Pensioner Residente Temporal and the applicants did not upgrade to a RT with a "Permiso para Trabajar" and got a 1 year RT visa/card, are they now safe? Have many renewed for 3 years with no financials? Do the local INM offices care what financial assets some Mexican Consulates accepted for a first timer for an RT preapproved 6 month visa?

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So now for a foreigner to be allowed to work in Mexico, they have to prove that they have enough outside income to show that it is not necessary for them to work in Mexico? I love this country!

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So now for a foreigner to be allowed to work in Mexico, they have to prove that they have enough outside income to show that it is not necessary for them to work in Mexico? I love this country!

I don't think that's unusual. At one time I oversaw a pretty large group of expats who had corporate sponsorship to work in Australia and in Indonesia. These were people who already had jobs and who would continue to be paid by their home country. The standard then, 20 years ago, was that the employee needed to be at least 35, have a minimum of a BA or BS, and an annual salary of at least $50,000 USD. The assumption was that if the employee didn't have these then he/she wasn't good enough to get a work permit. That was 20 years ago.

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