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Migration Law Carolina Pawling Cuadra - Coggle Diagram
Migration Law
Carolina Pawling Cuadra
Concept and Classification of Foreigners
Migration Law: The branch of public law that regulates the entry, stay, transit, and departure of foreigners from Mexico.
Classification of foreigners:
-Non-immigrants:
Enter a country temporarily, such as tourists, students, or visitors.
-Immigrants:
Enter with the intention of settling in the country.
-Permanent residents:
Have the legal right to reside in Mexico indefinitely.
Migration
The movement of people from one place to another, involving a change of residence.
Internal migration:
Movement within the same country.
International migration:
Movement from one country to another.
Reasons:
Employment, education, tourism, family reunification, or safety.
Importance:
Supports economic development and cultural exchange.
Challenges:
Discrimination, cultural integration, and protection of workers' rights.
Employer Registry Certificate
Definition:
An official registration issued by Mexico's National Institute of Migration (INM).
Purpose:
Allows an employer to participate in immigration procedures involving job offers to foreign nationals.
Who needs it?
Eligible individuals or legal entities that offer employment to foreigners.
Main documents:
Company incorporation documents or personal identification, legal representative's identification when applicable, proof of address, tax registration (RFC), tax filing evidence, and proof of payment.
Responsibility:
The employer must keep its registration information updated.
International and National Regulations
Universal Declaration of Human Rights (UDHR):
Protects fundamental human rights and freedom of movement
INTERNATIONAL REGULATIONS:
International Covenant on Civil and Political Rights (ICCPR):
Protects civil and political rights.
1951 Refugee Convention and 1967 Protocol:
Protect refugees and establish the principle of non-refoulement.
Migrant Workers Convention:
Protects migrant workers and their families.
NATIONAL REGULATIONS IN MEXICO
Mexican Constitution:
Establishes fundamental rights and legal protections.
Ley de Migración:
Regulates entry, stay, transit, and departure of foreigners.
Regulations of the Migration Law:
Explain how the law is applied.
Ley General de Población
: Addresses population registration and related population matters.
INM (National Institute of Migration):
Administers immigration procedures and enforces migration rules.
Status of Foreigners in National Territory
Foreigners in Mexico can have different conditions of stay:
Visitor:
Generally for temporary stays, such as tourism or business. Some visitor categories allow paid work, while others do not.
Temporary Resident:
Allows residence for a limited period, generally up to four years.
Permanent Resident:
Allows residence in Mexico indefinitely and permits paid work.
Types of Visas:
Visitor Visa without Work Authorization:
For tourism, transit, or other permitted non-remunerated activities, generally up to 180 days.
Visitor Visa with Work Authorization
: For eligible job offers, for stays up to 180 days.
Temporary Residence Visa:
For foreigners who qualify to reside in Mexico temporarily.
Temporary Resident Student Visa:
For foreign students.
Permanent Residence Visa:
For eligible foreigners seeking indefinite residence.
Adoption Visa:
For foreigners participating in an eligible adoption process.
Documents Required to Obtain a Work Permit
Valid residence card: Temporary Resident or Temporary Resident Student card.
Application form: Completed online, printed, and signed.
Proof of payment: Receipt for the applicable immigration fee.
Job offer letter: On the employer's letterhead, describing the job activities, duration, workplace, and updated employer registration details.
For student residents: A letter of consent from the educational institution, where required, confirming the job relates to their studies.
For independent work: A sworn statement describing the occupation and workplace, plus proof of tax registration (RFC).
For a foreigner with temporary residence or temporary student residence applying for a work permit through the INM
Exteriores, S. de R. (n.d.). Visas para Extranjeros. Gob.Mx. Retrieved October 28, 2026, from
https://www.gob.mx/sre/acciones-y-programas/visas-para-extranjeros-8036
Instituto Nacional de Migración | Gobierno | gob.mx. (2019, December 18). Www.Gob.Mx.
https://www.gob.mx/inm
Morales Vega, L. G. (2012). Categorías migratorias en México. Análisis a la Ley de Migración. Anuario Mexicano de Derecho Internacional, 12, 929–958.
https://doi.org/10.22201/iij.24487872e.2012.12.416
Moreno Valenzuela, M. A. (2019). Garantías para la protección de derechos en la ley de migración. Biolex (Universidad de Sonora), 5(9 jul-dic), 4–11.
https://doi.org/10.36796/biolex.v9i0.93