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Daniel Castro

Daniel Castro

Mexico Corporate Law & Immigration

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ARE YOU AN EXPAT IN MEXICO?

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DO YOU OR YOUR FAMILY NEED TO LEAVE MEXICO BUT ARE NOT ALLOWED DUE TO YOUR RESIDENCY PROCESS?






Photo: WanderLabs, UNSPLASH

It is very common that an Expat or their family need to leave Mexico but this happens while the Residency Card is still in the process of authorization by the Immigration Authority, INM, (it can be the new residency or a renewal), and as a result neither the Expat nor the family will be allowed to leave Mexico.

If they do so their immigration process is jeopardized and they may even lose their right to stay in the country.

WHAT CAN BE DONE?

A special Exit and Return permit can be submitted to the Immigration Authority for approval.

However, bear in mind that every step must be carefully followed in order to avoid problems with the immigration status which may be lost if this Exit and Return Permit is not used correctly.

IMPORTANT NOTES FOR PERMIT

  • Permit must be submitted 7 days before departure date.
  • Include flight itinerary and in case of emergency provide written proof and explanation for the urgency to leave.
  • Fill out the permit form and attach color photograph 2.5 x 3 cms and required documents and copies, as well as proof of payment for the permit ( $424 Mexican Pesos).
  • The validity is 60 natural days from the issue date.
  • An Exit Permit cannot remain unused. Any change in dates must always be reported to the Immigration Authority or else the inpats legal immigration status will be seriously compromised.

ONCE AT THE AIRPORT

The inpat or the family members have the obligation to have the Exit and Return permit as well as the passport stamped with the Immigration Seal both at their departure of Mexico and also at their return to Mexico.

In order to do this they must approach the authority of immigration revisions and ask for the seal to be stamped. This is mandatory and cannot at all be avoided.

We cannot emphasize enough the importance of having the seals stamped both on the passport and the Exit and Return permit (two seals in the permit).

CONSEQUENCES OF NOT PRESENTING THE PERMIT OR WITH THE SEALS CORRECTLY STAMPED UPON RETURN TO MEXICO

If the inpat or a family member do not present the Entry and Return permit upon arrival to Mexico, the Immigration Authority will give a Tourist Status which means that all the process for the temporary residency in place will be automatically CANCELLED.

This means that the whole process must be started again, from the work visa process, attending a consular appointment abroad, not having the legal status in Mexico to be employed and or receive any wages at all, etc.

The above will also happen in case that the Entry and Return permit is not clearly or correctly stamped with the Immigration Seal, that is, that any of the corresponding seals are missing. A deteriorated permit will not be accepted by the authority under any circumstance.

If you are a foreigner in Mexico with the Residency in process still not concluded, and if you or your family need to leave Mexico our firm can gladly help you with the process to obtain a special EXIT and RETURN permit.


Yours Faithfully,

Daniel Castro

Managing Partner

daniel.castro@lawyer.com

https://castroycastro.com.mx/index.html

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