# INM’s New Policies for Working Residente Temporal Visa Holders



## Waller52 (Jun 17, 2015)

“_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. ”*


*INM’s New Policies for Working Residente Temporal Visa Holders | Surviving Yucatan*


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## sparks (Jun 17, 2007)

Sorry I posted a link to the original but somebody has been linking to Yuckalandia as if he was the original poster when it was actually Spencer from Chapala.

Here is his complete post

*New Rules for Work Visa Renewal (July 2015)*

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 
Chapala Law


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## Waller52 (Jun 17, 2015)

sparks said:


> Sorry I posted a link to the original but somebody has been linking to Yuckalandia as if he was the original poster when it was actually Spencer from Chapala.
> 
> Here is his complete post
> 
> ...


I would think it is quite possible to have a USA paid job (online work for instance) and a MX job.



> 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?


Ok this accounts for the discrepancies I have seen for ResTemp visas ($1,500 v.s $1,700ish)



> 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.
> ...


:juggle:


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## Isla Verde (Oct 19, 2011)

Waller52 said:


> I would think it is quite possible to have a USA paid job (online work for instance) and a MX job.


But that's not the point. These new regulations seem to be interested only in US income or savings, rather than income earned in Mexico. And this is for people who were given a visa which gives them permission to work in Mexico, so why isn't this income used to determine eligibility to have the visa renewed? It seems pretty screwed up to me!


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## sunnyvmx (Mar 14, 2010)

It's perfectly understandable. To obtain an original Residente Temporal visa you must show an income. With that visa some have moved to Mexico after quitting their jobs and no longer have that income to support them so they must work and have therefore added a work permit to their visa. This has always been a situation that was in question. Mexico has caught on and now requires the same proof be applied upon renewal. Mexico does not want expats to take work away from Mexican citizens or to move here without the funds to support themselves.


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## Waller52 (Jun 17, 2015)

sunnyvmx said:


> It's perfectly understandable. To obtain an original Residente Temporal visa you must show an income. With that visa some have moved to Mexico after quitting their jobs and no longer have that income to support them so they must work and have therefore added a work permit to their visa. This has always been a situation that was in question. Mexico has caught on and now requires the same proof be applied upon renewal. Mexico does not want expats to take work away from Mexican citizens or to move here without the funds to support themselves.


I think you may have summed up this new 'regulation' well including addressing Isla Verde's question. Thanks.


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## Isla Verde (Oct 19, 2011)

sunnyvmx said:


> It's perfectly understandable. To obtain an original Residente Temporal visa you must show an income. With that visa some have moved to Mexico after quitting their jobs and no longer have that income to support them so they must work and have therefore added a work permit to their visa. This has always been a situation that was in question. Mexico has caught on and now requires the same proof be applied upon renewal. Mexico does not want expats to take work away from Mexican citizens or to move here without the funds to support themselves.


I disagree. Why can't the income be from the job you have in Mexico? Many expats support themselves with work they do in Mexico, and this is perfectly legal. If it weren't, they wouldn't be given permission to work in the first place.


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## Waller52 (Jun 17, 2015)

Isla Verde said:


> I disagree. Why can't the income be from the job you have in Mexico? Many expats support themselves with work they do in Mexico, and this is perfectly legal. If it weren't, they wouldn't be given permission to work in the first place.


From a philisophical standpoint, as long as you are not taking a job away from a MX national, then, I agree, what difference does it make? From an economic standpoint, the more pesos to spend, the more pesos spent.

None of it makes sense.:juggle:


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## Isla Verde (Oct 19, 2011)

Waller52 said:


> From a philisophical standpoint, as long as you are not taking a job away from a MX national, then, I agree, what difference does it make? From an economic standpoint, the more pesos to spend, the more pesos spent.
> 
> None of it makes sense.:juggle:


I agree, but then what can you expect from government bureaucrats?


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## TundraGreen (Jul 15, 2010)

Isla Verde said:


> I agree, but then what can you expect from government bureaucrats?


Be careful what you say about government employees. I was one for 47 years, at all levels, military, federal, state, city, and regional governments, including the government of three countries.


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## Isla Verde (Oct 19, 2011)

TundraGreen said:


> Be careful what you say about government employees. I was one for 47 years, at all levels, military, federal, state, city, and regional governments, including the government of three countries.


There are exceptions to every over-the-top generalization, including the one I made.


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## maesonna (Jun 10, 2008)

sunnyvmx said:


> It's perfectly understandable. To obtain an original Residente Temporal visa you must show an income.


Not if you moved to Mexico from the start with the offer of a job from a Mexican employer who sponsored you. For people in that situation, their permission to work in Mexico was explicitly already granted in two related aspects: they were granted a resident visa with work permission and this was possible because their employer was granted authorization to employ (a) foreigner(s).

It seems to me pretty unfair to have that yanked out from under their feet. Unfair even to the Mexican employer who would lose an employee that they have invested in.


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## sunnyvmx (Mar 14, 2010)

Read the rule again. It is specifically for persons that came to Mexico with only Residente Temporal visa and then applied for a work permit without an employer's assistance after they were here.


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## MarkNxxxxx (Nov 17, 2007)

I was given an RT visa a few months back (I was on a tourist visa prior to that) because I'm married to a Mexican. During my application interview, I was signing my documentation happily, and the INM officer was explaining things to me and then he said 'this is your CURP'. I asked him what that was and he said that if I wanted to work I would need to supply the number to the employer, etc. I had always thought that if I wanted to work after getting an RT visa, I would need to make another application to change the visa type; or is it different for RT visas granted via the unidad familiar? I don't have any intention of working anyway (unless I'm offered something spectacular), but I'm curious about this after reading the comments here.


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## maesonna (Jun 10, 2008)

Actually, what he said doesn’t contradict that you might still have to apply for work permission if you got a job offer.


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## TundraGreen (Jul 15, 2010)

MarkN said:


> I was given an RT visa a few months back (I was on a tourist visa prior to that) because I'm married to a Mexican. During my application interview, I was signing my documentation happily, and the INM officer was explaining things to me and then he said 'this is your CURP'. I asked him what that was and he said that if I wanted to work I would need to supply the number to the employer, etc. I had always thought that if I wanted to work after getting an RT visa, I would need to make another application to change the visa type; or is it different for RT visas granted via the unidad familiar? I don't have any intention of working anyway (unless I'm offered something spectacular), but I'm curious about this after reading the comments here.


A CURP is actually an ID number. It is not tied to a particular employer. You don't need a job to get a CURP. You probably can get along fine without one but they are handy for some things, like getting a Senior Citizen id card (INAPAM).

I got one an INEGI, but it had an error in my name so SAT corrected it for me and, as I recall, it changed the number.

CURP - Clave Único de Registro de Población
SAT - Sistema Administración Tributaria
INAPAM - Instituto Nacional para Adultos Mayores
INEGI - Instituto de Estadística y Geografia


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## AlanMexicali (Jun 1, 2011)

sunnyvmx said:


> It's perfectly understandable. To obtain an original Residente Temporal visa you must show an income. With that visa some have moved to Mexico after quitting their jobs and no longer have that income to support them so they must work and have therefore added a work permit to their visa. This has always been a situation that was in question. Mexico has caught on and now requires the same proof be applied upon renewal. Mexico does not want expats to take work away from Mexican citizens or to move here without the funds to support themselves.


That is how I read the new policy. I wonder if from now on the Mexican consulates which did accept pay stubs from jobs in other countries will now stop accepting this form of finanacial solvency to grant preapproved resident visas? It never made sense to me for some Mexican consualtes to accept pay stubs as proof of financial solvency. Also what if the ones who did get an added "Permiso para Trabajar" to their RT visa and after the 1st year renewed for another 1, 2 or 3 years will be affected or just left alone until another renewal comes up? 

It appears the ones who got a preappvoved RT visa from a Mexican consulate without pay stubs will have to re-submit their proof of financial solvency documentation again when renewing inside Mexico if they added a "Permiso para Trabajar." If they didn´t get a work permit they will just renew as usual as Retirees/Pensioners.


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## sunnyvmx (Mar 14, 2010)

My take is that those who must renew their RT will have to prove qualifying income from outside Mexico. Those persons that have the renewal for the remaining years completed for the entire four years will be ignored and continue until they must apply for and attain the Residente Permanente which automatically permits the right to work. New RT applicants only get the first year upon arriving in Mexico and then must renew for the second, third and fourth years. These persons are the ones that will now be caught up in the new ruling along with those that are now looking at renewing at the end of their first year with the lucrative attached to their visa.


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