The new immigration process in Mexico entitles employers to request residence permits for 1, 2, 3 and up to 4 years for foreigners.

Our Opinion: A VISA OVER ONE YEAR REPRESENTS LABOR RISKS

From the legal point of view, there is a labor risk if the company requests the immigration authority a permit for a foreigner to reside in Mexico for more than one year. This is so because in case any labor problem emerges between the foreign employee and the employer, the foreigner may claim before the labor authorities the fulfillment of the obligations for the years the company requested the permit.

The offer of employment letter issued in letterhead paper and signed by the legal proxy of the employer company becomes an evidence in any labor proceeding. This evidence may be ratified by the immigration authority in case of being summoned to the labor proceeding, and such situation may constitute a high economic risk for the employer company.

 Our suggestion: The employer company must evaluate the option of requesting an annual extension to the permit for the foreign employee. This may prevent any labor surprise that may become important economic loss and operation risks.

Please contact our consultants in case you have any comment or doubt.

The foreigner must pay attention to new policies for the renewal of stay permits.

CONDITIONS FOR NOT BEING SUBJECT TO LEGALIZATION PROCEDURES AND MONETARY FINES:

1. If your immigration document (RESIDENCE CARD) expires while you are abroad, you must return to Mexico within the 50 days following the date of expiration;

2. Once the foreigner enters Mexico, he/she may pass the immigration control and must appear before the authorities within the following 5 workings days in order to renew the residence permit.

Failing to fully comply with these two conditions will cause the foreigner be subject to an immigration legalization process, personal appearances before the authority to explain the reasons for letting it expire, the payment of monetary sanctions, as well as the impediment to exit the country until the legalization process is resolved.

Please contact our consultants in case you have any comment or doubt.

For some organizations and also for some foreigners, the permit to stay in the country authorizing independent activities was convenient.

In the former immigration process, these activities did not assure that the foreigner was going to perform activities to the benefit of the country’s growth and no revenue from taxes was thus generated.

Therefore, the new Immigration Law and its Regulation have eliminated such possibility.

Any foreigner wanting to enter the country for working must be retained by an entity or an individual duly registered before the Mexican Immigration Institute.

 Please contact our consultants in case you have any comment or doubt.

The new immigration law does not provide any stay authorization for ADULT sons and daughters or BOYS AND GIRLS under 18 but MARRIED.

In Mexico, a person is legally an adult when turning 18 years. In this sense, you must take into account that adult sons and daughters may not be considered Dependants in Mexico.

They may only stay in Mexico as Students or with an offer of employment.

Equally, boys and girls under age may only stay in Mexico as dependents if they are not married.

 For some cultures, it is common to have children under 18 who are already married so these conditions must be taken into account in such cases.

Please contact our consultants in case you have any comment or doubt.

Note that contrary to immigration rules prior to the reform, currently the family (wife, sons and daughters, father, mother) may only enter Mexico with a Tourist visa (FMM) and once the holder of the work visa has obtained a Residence card for Offer of Employment, then the family may request the authorization to stay as Dependants.

The immigration authority established a new format in order to allow minors going abroad without being accompanied by both parents.

The notarial permit will also be in effect.

Please contact our consultants in case you have any comment or doubt.

Currently, companies that retain or send foreign staff to work in their affiliate companies are advised to file their register with the Immigration Authority for a criterion has been established in order to control the displacement of work posts for Costa Ricans.

Please contact our consultants in case you have any comment or doubt.

Even though the Government has maintained the discretion principle as core element for issuing visas, the visa categories have been reduced from six to three and new subtypes have been created in order to increase the several activities for foreigners in Colombia.

The first and most important aspect of the new instrument is the new visa classification. The Government of Colombia and its consular offices will issue three different types of visas:

• NEGOCIOS (BUSINESS) "NE"

• TEMPORAL (TEMPORARY) "TP"

• RESIDENTE (RESIDENT) "RE"

It is important to consider that “Temporary Work Visa” is now classified under TP category and is called TP-4 Visa.

One important aspect is that the Technical entrance permit is available to foreigners up to 30 days. A technical visa may be obtained if the activities will be extended.

Please contact our consultants in case you have any comment or doubt.