Applications for Residency from Within Mexico

Before the reforms of the Mexican immigration law took effect in November 2012, foreigners who arrived in Mexico using a Visitor’s Visa (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 Visa 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 Visa (FMM) can apply for a temporary or permanent residency permit without leaving the country, thus:

Foreigners may apply for Temporary Residency (Residencia 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.

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

  • The parent (mother/father) of a foreigner holding a permanent resident card; 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 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 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).

Special note about temporary residency (Residencia Temporal) by means of a formal job offer: If you are in Mexico under the auspice of a Visitor’s Visa (FMM) and are subsequently offered a job by a Mexican company, that company must request the Temporary Residency 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 visa in your passport and then come back to get the Temporary Resident card.

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

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.  The 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.

Note: 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.