Immigration & Visas, Living, Working

Applications for Residency from Within Mexico

Mexican Visa in a Passport

Before the reforms of the Mexican immigration law took effect in November 2012, foreigners who arrived in Mexico using a Visitor’s permit (FMM) were able to exchange this document for a residency permit in-country, provided that they met the criteria for residency status.  Since the changes took effect, most foreigners now need to leave Mexico and begin their application for residency from abroad.

This means that if you are currently in Mexico under the auspice of a Visitor’s permit and subsequently decide to apply for residency, you probably need to leave Mexico to commence the application, and return to complete the process.

The new rules also legislate for a small few exceptions whereby foreigners can, in specific circumstances, apply for residency from within Mexico without having to leave the country.  This article explains the exceptions.

Who can apply for residency from within Mexico?

In certain situations, foreigners currently in Mexico holding a Visitor’s permit (FMM) can apply for a temporary or permanent residency permit without leaving the country, thus:

Foreigners may apply for Temporary Residency (Residente Temporal) in-country if the foreign applicant is:

  • The spouse of a foreigner holding a temporary or permanent resident card; or
  • The parent (mother/father) of a foreigner holding a temporary resident card; or
  • The son or daughter of a foreigner holding a temporary resident card, provided that the son or daughter is a minor (under 18 years of age); or
  • The son or daughter of the spouse of a foreigner holding a temporary resident card, provided that the son or daughter is a minor (under 18 years of age); or
  • A foreign spouse of a Mexican National. (Foreign spouses may apply to convert their temporary residency into permanent residency after 2 years in Mexico.)

Foreigners may apply for Permanent Residency (Residente Permanente) in-country if the foreign applicant is:

  • The parent (mother/father) of a foreigner holding a permanent resident card; or
  • The son or daughter of a foreigner holding a permanent resident card, provided that the son or daughter is a minor (under 18 years of age); or
  • The sibling of a foreigner holding a permanent resident card, provided that the sibling is a minor (under 18 years of age); or
  • The son or daughter of the spouse of a foreigner holding a permanent resident card, provided that the son or daughter is a minor (under 18 years of age); or
  • The son or daughter of a Mexican National in situations where the offspring are not entitled to Mexican Nationality and provided that the son or daughter is a minor (under 18 years of age); or
  • The son or daughter of a spouse of a Mexican National provided that the son or daughter is a minor (under 18 years of age)
  • The foreign parent of Mexican-born children; or
  • The sibling (minor or adult) of a Mexican National (including naturalized foreigners).

Everyone else needs to apply for their residency visa from outside Mexico, by personally attending one of the many Mexican Consulates abroad.

Notes:

Temporary residency (Residencia Temporal) by means of a formal job offer. If you are in Mexico under the auspice of a Visitor’s permit (FMM) and are subsequently offered a formal job by a Mexican company, that company must request the Temporary Resident permit at a local immigration office in Mexico on your behalf.  When the hire is approved, you must leave the country and go to a Mexican Consulate abroad to receive the residency/work visa in your passport and then come back to exchange the visa for the Temporary Resident card.

Renewal of existing residency permits. If you already hold a Residente Temporal card and wish to renew it for further years, you do this in-country.  Read our article that explains the procedures for residency permit renewal in Mexico.

You do not necessarily need to return to your home country to apply.  For example, if you are Australian, you could visit a Mexican Consulate in the United States to apply.  However, you will be asked by the Mexican Consulate to prove that your presence in any country that is not you own is legal; for example, they will ask to see your tourist visa/passport stamps.

Residency permits applied for from abroad take between 2 and 10 working days to process.  If the permit is granted, the Mexican Consulate will place a sticker in your passport that you use to enter Mexico, which is valid for 180 days.  Within 30 days from the date you enter Mexico you need to attend an immigration office to undertake another procedure to exchange your passport sticker for a resident card.

Qualification criteria. Whether you apply in-country or from abroad, Mexican resident permits are granted only to foreigners who qualify under the current rules. Qualification criteria vary by visa type—you need to demonstrate family connections in Mexico and/or economic solvency—see the links to guides and resources below for further details.

You can find general information about applying for residency in Mexico on the Mexico Immigration page here on Mexperience.

For a detailed guide that explains all the visa types, qualification criteria, fees, and processes you need to follow, consider downloading a copy of the fully-updated Mexico Immigration Guide.

If you would like one-to-one consultancy to discuss your situation by telephone/email consider using our Mexico Relocation Consultancy service.

Mexico in your inbox

Our free newsletter about Mexico brings you a monthly round-up of recently published stories and opportunities, as well as gems from our archives.

29 Comments

  1. Mary says

    I am curious as to what happens if a person has Residente Temporal status but has left and subsequently re-entered Mexico on a tourist visa. Has the RT card automatically been invalidated? Is it possible to exit and re-enter using the RT, thus re-validating it?

    • Mexperience says

      Hi Mary, if you are already a temporary or permanent resident in Mexico and you leave then re-enter Mexico as a tourist then you put your residency status at risk. If this happens you should contact your nearest INM to ask how to “regularize” your immigration status (fees and fines may apply). If you are resident, it’s important to fill-out and get a FMM form stamped before you leave the country (at the airport or land/sea border) and present that same FMM form to the immigration official when you return.

  2. Eduardo says

    Hi, I’m a foreign spouse of a Mexican National. We are now living in Mexico and I have my temporary residency. I know that I have to wait for 2 years to get my permanent one. My question is: Can I apply for the Mexican citizenship once I get the permanent residency or I have to wait another 2 years?
    Thank you.

    • Mexperience says

      Hi Eduardo,

      When foreign nationals are married to Mexican nationals, the waiting period before the foreign national can apply for Mexican citizenship is only 2 years with *either* Residente Temporal or Residente Permanente status.

      However, as it takes at least 6 months to process the citizenship application, you should take care to ensure that your current migratory status does not expire during this time.

      If you would like one-to-one advice about making the application, you might consider using the Relocation Consultancy – see link in the blue box in the article.

  3. Karen says

    Hello, we are currently in the process of my dad’s temporary resident visa renewal/extension and we are having problems with the immigration here in our city. Is there any way we can get help or consultation in English?

  4. Angela says

    Hello, my husband is a Mexican citizen and I want to move to Mexico with him and be able to come back to theUSA at least once a year. Do I still need to become a mexican citizen?

    • Mexperience says

      Hi Angela

      You don’t need to take-up Mexican Citizenship, you can move to Mexico under auspice of a Residente Temporal (which can later be exchanged for Residente Permanente). Either permit allows you unlimited exits and re-entries to Mexico throughout the year, so you can come and go as you please.

  5. Victoria says

    Hi Dear,

    I am going to Mexico in one year for a project in the same company which i am now working in Vietnam ( Mexico branch). And the Mexican Embassy in Vietnam said that i should ask the company in Mexico applies a visa for me in the department of Immigration in stead of applying in my country since my period is 1 year. Is this correct?

    • Mexperience says

      Hi Victoria,
      That is the correct procedure for company-sponsorship applications: the Mexican company (or organization) applies locally, you attend a consulate abroad to receive the visa sticker in your passport, which is then exchanged for a residency card/work permit within 30 days after your arrival in Mexico.

  6. David says

    Hi,
    I am living in mexico since 2 years with a temporary residence having permission to work. i got the temporary resident card under the condition of A foreign spouse of a Mexican National. but last year we are divorced and the civil status was updated to INM, this year on May I applied for a renovation of my temporary resident card through my work, they rejected the application and sent a mail that the renovating procedure and the current resident temporal card is cancelled because i don’t have a reason to prove my stay in Mexico (according to them i got the visa because of marriage, currently we are separated and don’t have children who born in mexico. they are not considering the work as a reason). is there a way to extend my current visa or any other process i have to follow? it will be great if someone help me with this.

    • Mexperience says

      Hi David
      You situation sounds complex and really needs to be taken on a per-case basis before any choices can be considered. You might like to contact an immigration lawyer locally where you live, or alternatively you might find the one-to-one consultancy our associate offers a useful option to discuss your situation in detail by telephone/email: you can find details of that in the blue information box at the foot of the article. Wishing you well with the process.

  7. Amy says

    Hi, I’m from the UK and live there currently but I’m planning to go to Mexico to get married to my partner who is a Mexican national and hope to live there with him. Once I’m married, does this mean I can apply for a temporary residency whilst I’m there?

    • Mexperience says

      Hi Amy, yes as the spouse of Mexican national, you can apply in-country as explained in the article above.

      Note that you will need any foreign documents the immigration authorities ask for Apostilled (UK birth certificate, for example) – please read this article about doing that:
      https://www.mexperience.com/getting-your-documents-apostilled-for-mexico/

  8. Natasha says

    We spend a lot of time in Mexico. Basically, we would like to be able to stay longer than 6 months if we so choose, and to be able to work locally while there if we need to. Our oldest daughter (6yrs) was born in Mexico and has a mexican birth certificate. She is also a Canadian citizen now though. My husband is American but has permanent residency in Canada. Because of this, I think we shouldn’t be looking at permanent residency (yet.) As her parents (and younger brother), can we apply for temporary residence through her? And if so, can we do it there, or should it be done in Canada? Thanks.

    • Mexperience says

      Hi Natasha,

      All the family can apply for permanent residency through the Mexican child, but the rules do not give you the option of becoming a temporary resident if you have a Mexican child, you have to apply for Residente Permanente.

      You can either apply at a Mexican Consulate in Canada or you can come to Mexico using a FMM (visitor’s visa) and change your statuses in-country as described in the article.

      Among the required paperwork, you will also need to provide the daughter’s Mexican birth certificate and the little brother’s birth certificate to prove their relation.

      You can find details of the procedures on the Mexico Immigration Guide, or if you would like some one-to-one advice and help with the application, you might consider using the Relocation Consultancy Service — see the links in the blue box in the article.

  9. Erik says

    Hi there,

    As an investor, do you have any figures on what one need to invest? Or do you have any link to provide to a site that talks about this?

    Thank you

    Erik

    • Mexperience says

      Hi Erik

      For an investor’s visa, you need to invest at least ~US$84,000 (the exact amount varies depending on the USD/MXN exchange rate).

      You can find out more about the various investment qualification types and procedures on the Mexico Immigration guide, details here:

      https://www.mexperience.com/ebook/mexico-immigration-guide/

  10. Greg says

    I am in Mexico and want to file for my temporary residency. My wife is a Mexican national. Is this one of the cases where I can do it from in the country? We have a marriage certificate from where we married in California but have been told by someone that we have to go back to Ca and have it apposileded.. Any help would be appreciated.

    • Mexperience says

      Hi Greg,

      As the foreign spouse of a Mexican national you can apply for residency in-country.

      All foreign legal documents presented to INM need to be Apostilled – which is a form of “authentication” of legal documents from foreign countries – and that includes birth certificates and marriage certificates etc.

      You can find a detailed article about getting documents Apostilled for Mexico on this article:
      https://www.mexperience.com/getting-your-documents-apostilled-for-mexico/

      If you can get a copy of your marriage certificate Apostilled by someone for you by someone in the USA and couriered to you, that would save having to travel back yourself.

      People who married in Mexico don’t need this as the Mexican Marriage Certificate is recognized by the Mexican Immigration officers without an Apostille.

      You can find details of the application procedures, documents required, fees, etc. in the Mexico Immigration Guide:
      https://www.mexperience.com/ebook/mexico-immigration-guide/

  11. Keith Wilson says

    Hi,

    My wife is working in Mexico and has a temporary residence card. As her spouse, I have also applied for and received a temporary residence card. When she receives her permanent residence card (after 4 years) will I also be able to apply for and receive a permanent residence card?

    Thank You,
    Keith

    • Mexperience says

      Hi Keith,

      The spouse must be married to a *permanent* resident for 2 years in order to become permanent him/herself.

      In your case, you will get permanent residency with the 4 years rule before you have 2 years of temporary by being married to a permanent resident; i.e. you will become permanent after 4 years of temporary residency, regardless of the family unit (as long as your wife continues to keep her current legal immigration status meantime).

  12. William Buxbaum says

    My wife’s mother has permanent residency. Can my wife and I both apply for permanent residency in Mexico?

    • Mexperience says

      Hi William,

      You don’t qualify for residency under the family unit rules. A daughter of a permanent resident can, but only if she is not married and she is under 18 years old.

      You’d both have to apply for residency using alternative routes – i.e. usual qualification criteria outside of family unit.

  13. James TerHark says

    If you are the foreign spouse of a Mexican National, can you get permanent residency? Above it is only listed for Temporary Residency.

    • Mexperience says

      Hi James,
      If you are the foreign spouse of a Mexican National, you must first apply for Temporary Residency and then after 2 years you can apply for Permanent Residency.

  14. David Cook says

    Hi, can you tell me whether the “foreign spouse of a Mexican National” also includes Civil Partnerships?

    • John says

      What civil partnerships are recognised?

    • Mexperience says

      David, John:

      The immigration law states that “Concubinos” (which is sometimes referred to in Spanish as “Union Libre” or in English, “Common-Law union”) can apply under the family unit regime. We have no practical information about how the INM deals with this. We understand that you would probably need to apply to a local judge with evidence of your partnership and he/she would issue a certificate to this effect — a process that can take 2-3 months.

Comments are closed.