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IMPACT – MEDIUM
What is the change? The Instituto Nacional de Migración (INM) is expected to make significant staffing reductions in the coming weeks under an austerity law approved earlier this year. What does the change mean? The change could compound processing delays that companies in Mexico have been experiencing for months. Employers should continue to plan ahead and submit applications as early as possible.
Additional information: Employers in Mexico have been grappling with immigration processing delays for months, the result largely of government personnel changes and increased migration from Central America. There are few signs that the trend will reverse itself. Mexico struck an agreement with the United States to increase enforcement of irregular migration, and the upcoming personnel reductions are expected to exacerbate the slowdown in processing.
The INM is also under new leadership after Francisco Garduño Yáñez took over as commissioner last month. Observers expect Garduño Yáñez will take a stricter approach on immigration.
Some employers have already reported an uptick in immigration and security checks for foreign nationals traveling in Mexico or entering the country. Foreign nationals are reminded to carry their passport and original immigration document with them while working, on business or when traveling in Mexico. Foreign nationals traveling to Mexico should be prepared to present their passport, visa (if required) and documentation showing the purpose of their trip. Visa-required nationals should expect the possibility of longer security checks.
Analysis & Comments: Mexico continues to face significant processing delays that could be compounded by additional personnel changes. While it is difficult to predict the direction the INM will take under the new leadership, the focus of resources on irregular migration and the personnel reductions suggest that delays are likely to continue at least through the end of the year. Employers are encouraged to plan ahead as best as possible. Employers may also wish to remind employees to carry proper documentation when traveling in or to Mexico, especially in light of reports of increased immigration and security checks.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
IMPACT – HIGH
What is the change? The Instituto Nacional de Migracion (INM) has stepped up on-site inspections to ensure that all companies are audited and in compliance with immigration and labor law.
What does the change mean? Authorities have announced a new policy that requires all companies employing foreign workers to be audited annually. Since the announcement, the INM has been conducting employer site visits to complete the audit process and ensure that the information provided during the annual employer registration is accurate. The inspections focus largely on making sure that foreign workers have the proper documentation to carry out the work they are conducting, that assignees listed in INM systems are indeed working for the company and ensuring that INM records on foreign workers are accurate.
Next steps: Companies should make sure they have an updated list of all employees that matches the corporate registry and exit documentation for all employees who are no longer with the company. Companies should also make sure that a legal representative or human resources specialist will be able to be present during the audit process.
Background: Employer audits are common practice for the INM, especially during the time of employer registration updates (March-April). According to Mexican immigration law, immigration authorities are able to conduct on-site visits of Mexican entities that hire foreign nationals in order to verify their identity. Officials are more likely to conduct an inspection in cases where a company seeks to have a visa or other immigration applications approved, is updating their employer registration certificate or has not been subject to a site visit in more than a year. Under instructions from the new government, all companies must be audited and should expect a visit by the authorities.
Analysis & Comments: Foreign workers can face serious consequences if they are found to be on an irregular status or are conducting activities that are not permitted on their permit or visa. Companies may also face legal consequences, including a negative record on their employer registration certificate. Authorities have reported that they are frequently denied access to corporate offices, in which cases INM may suspend or deny pending applications.
What is the update? The National Institute of Immigration office in Mexico City has announced that temporary resident and permanent ID printing will take 15 to 20 working days once fingerprints have been collected. As previously announced by the office, residence permit renewals and exchanges are taking almost two weeks longer than normal to process. Residence permit renewals and exchanges will take up to 20 business days, rather than the standard seven business days.
Background: Mexico has seen significant processing delays in recent months due in part to personnel changes and because the government has shifted resources to address increased migration from Central America.
Analysis & Comments: Employers and foreign nationals should take note of the delays and plan accordingly. Foreign nationals who need to travel abroad while a renewal is pending are encouraged to obtain a departure and reentry permit from their local immigration office at least one week in advance. In the upcoming months, the government is expected to revise certain work permit application criteria for the following nationals: Chinese, Colombian, Czech, Indian, Polish, Romanian, Turkish and Venezuelan. The changes may further prolong processing times, and employers should prepare for potential delays.
What is the change? The National Institute of Immigration office in Mexico City has announced that residence permit renewals and exchanges will take almost two weeks longer than normal to process.
What does the change mean? Residence permit renewals and exchanges will take up to 20 business days, rather than the standard seven business days. It is not clear how long the delays will last.
Analysis & Comments: Employers and foreign nationals should take note of the delays and plan accordingly. Foreign nationals who need to travel abroad while a renewal is pending are encouraged to obtain a departure and reentry permit from their local immigration office at least one week in advance.
What is the change? The National Institute of Migration has released new requirements for submission of visa and renewal applications, among other immigration-related services.
The specifics:
Analysis & Comments: Employers must update their employer registrations prior to submitting visa and renewal applications or they will not be accepted.
What is the change? Applicants for residence permits, renewals and corporate registration filings continue to experience processing delays.
What does the change mean? Companies should continue to plan ahead and submit applications as early as possible.
Background: Mexico continues to experience processing delays that are due largely to government personnel changes. Mexican officials have also had to divert human resources to deal with Increased migration from Central America, exacerbating the delays.
Analysis & Comments: Employers are advised to plan ahead and submit immigration filings as early as possible. Employers are reminded that corporate registration filings are required within 30 days of the date on which companies file taxes. Given the ongoing delays, employers are encouraged to complete corporate registration filings as soon as possible in order to prevent any lapses in their ability to sponsor foreign nationals.
What is the reminder? Companies must update their corporate registration within 30 days of filing their taxes.
Background: Mexican companies that employ foreign nationals should update their corporate registration certificate with INM as soon as their annual tax returns for 2018 are completed. The tax filing deadline is March 30 and the corporate registration filing is required to be completed within 30 days. To prevent any sponsorship disruptions, companies should work with INM to validate certificates before the end of April. Company representatives may be required to make an in-person appearance to complete the company registration process at their local regional office.
Employers should also take into account staffing changes at the INM regional offices that may have an impact on corporate registration filings in the first quarter of 2019. Read more here.
Analysis & Comments: Companies should file tax documents in advance of the March 30 deadline and complete the subsequent corporate registration certificate updates as soon as possible to prevent any lapse in their ability to sponsor foreign nationals.
What is the news? The new Obrador administration has made several staffing changes at the National Migration Institute (INM) regional offices that directly affect the adjudication of Temporary Residence Visas. The staffing changes may also have an impact on corporate registration filings in the first quarter of 2019.
What do the delays mean? Companies should plan ahead regarding adjudication delays, which are to be expected with a new administration. Additionally, companies should file taxes and corporate registration documentation as early as possible.
Background: INM staffing changes are impacting adjudication times in a number of regions, including Mexico City, Monterrey, Guadalajara and the Bajio. Once newly appointed INM staff are sworn in, delays should taper off. Additionally, the Obrador administration is focusing INM resources on migrants and asylum seekers from Central America, and this has contributed to delays as well.
Employees cannot exit and reenter Mexico until their Temporary Residence ID Cards are issued, and the application process must be initiated within 30 days after they first arrive in Mexico. Employees who need to travel internationally should plan in advance and seek assistance obtaining permission to leave the country.
Mexican companies that employ foreign nationals should update their corporate registration certificate with INM as soon as their annual tax returns for 2018 are completed. The tax filing deadline is March 30, and the corporate registration filing is required to be completed 30 days after the tax filing. To prevent any sponsorship disruptions, companies should work with the INM to validate certificates before the end of April. Per current regulations, company representatives may be required to make an in-person appearance to complete the company registration process at the local regional office.
Analysis & Comments: Employers and employees should plan ahead for delays, as they will require additional time to complete the Temporary Residence Visa process. Companies should file tax documents in advance of the March 30 deadline and complete the subsequent corporate registration certificate updates as soon as possible to prevent any lapse in their ability to sponsor foreign nationals
What is the change? Mexican government officials have announced that Instituto Nacional de Migración (INM) offices will be closed only on Dec. 25 and Jan. 1.
What does the change mean? The update provides additional time for immigration processing during the holiday season since immigration offices will only be closed for Christmas and New Year’s Day. However, employers and foreign nationals should note that immigration processing and resolution may be delayed through the beginning of the year due to reduced immigration staff at the INM during this period.
Background: In the days leading up to and following the closures, many offices will reduce their staffs, causing additional delays. Applicants should note that holiday-related delays may be exacerbated by major staff changes at the INM due to the recent transition in government.
Analysis & Comments: Applicants should plan to file any time-sensitive applications as early as possible before Dec. 24 to mitigate delays. Foreign nationals planning travel to Mexico should take note of the travel restrictions and plan their schedules accordingly. Processing delays should be expected in the days after offices reopen.
What is the change? Federal authorities are now requiring that applicants seeking a police clearance certificate appear in person with the application from the foreign authority that is requesting the certificate.
What does the change mean? The new procedures and lack of notice are causing applicants to experience delays in obtaining the certificates.
Background: Police clearance certificates are often required when applying for visas or work permits to demonstrate that the individual has a clean criminal history. Previously, authorities were flexible in allowing applicants to send a representative with a simple power of attorney. The new policy reverts to an older policy requiring individuals to apply in person.
Analysis & Comments: Applicants in Mexico should prepare to appear in person to apply for police certificates before they plan to leave Mexico—for example, for a new assignment in another country where the certificate is required for their work permit. Individuals who are no longer in Mexico will need to contact the Mexican consulate in the relevant country to assist.