Children and immigration

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Mexico Expat Forum for Expats Living in Mexico With an area of two million square kilometers, Mexico is the fifth largest country in the Americas and has a larger population of US and Canadian expats than any other country.

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Children and immigration


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  #1 (permalink)  
Old 28th July 2016, 10:33 AM
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Default Children and immigration

Somewhere in an old thread, someone suggested that having Mexican children made a difference to your immigration options. My wife is Mexican and she's pregnant with our first child, who will be born over there. So come October, I'll have a Mexican citizen daughter and a Mexican citizen wife. I'm British, so getting in and out of the country isn't difficult, and as my wife is a lawful resident in Britain, we will go to the consulate in London and get my visa and our menaje de casa. I have business interests in Europe so work in Mexico isn't of immediate concern, but with a family visa I'll be able to change my status in country if I need a work permit.

But I was intrigued about the effect having a Mexican child may have on my immigration options. I know the regulations changed about 5 years ago, but the suggestion was that an extranjero with Mexican children did not have to live in Mexico for 2 years in order to get permanent residence AND, more importantly, that he could get a work permit without delay.

Does anyone have more up-to-date information on this before I haemorrhage cash talking to a lawyer?

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Old 28th July 2016, 04:06 PM
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Originally Posted by UKMX View Post
But I was intrigued about the effect having a Mexican child may have on my immigration options. I know the regulations changed about 5 years ago, but the suggestion was that an extranjero with Mexican children did not have to live in Mexico for 2 years in order to get permanent residence AND, more importantly, that he could get a work permit without delay.
Found an older INM form, (2013) that mentions this, but the newer website doesn't have that information, or at least not in the same place. I had the same choices eight months ago and opted for a married-to-a-Mexican RT. I recently took early retirement and am ready to take a couple of years off before finding a second career, so a work permit was unnecessary. After two years of establishing a domicile in Mexico (and not being absent from the country for more than a total of 180 days within those two years) I'll qualify for naturalization through SRE. I also have Mexican-born children which would have gotten me a permanent visa, said the INM officer in Manzanillo, but in that case naturalization would take 5 years.

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Old 28th July 2016, 05:32 PM
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A Residente Permanente Visa does permit you to work in Mexico.

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Old 28th July 2016, 06:23 PM
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A Residente Permanente Visa does permit you to work in Mexico.
A work permit would be extra, and the OP said it wasn't of immediate concern, whatever that time frame might be. If he's going for naturalization, a married-to-a-Mexican RT takes only two years. OTOH, having Mexican born children can get you a RP. Since he's going through the official canje de casa, I figured he's here for the long haul. Just trying to explain the options.

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Old 28th July 2016, 06:29 PM
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No it's great, I appreciate all the info. I'm heading over on a tourist visa for a few months, my daughter will be born there, and we'll all fly back for a couple of weeks to go to the consulate in London (they're expecting us). So by then what you're saying is I'll be immediately eligible for a Residente Permanente. I'm not bothered about naturalisation because we're looking to move to the States eventually, but if an RP gives me the right to work there's no point beating about the bush when I can get that in December. I'll refer back to my consulate.
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Old 30th July 2016, 12:28 AM
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I don't think anyone answered OP"s original question.

I don't know the answer, but suspect that being the father of an infant born in Mexico will give the OP no sort of additional legal rights, especially for work, that being married to a Mexican doesn't already do.

As I said, I don't know, but I think that's so. If so, they should plan to have the baby born where it makes best sense for the baby, which may be Mexico if the mother wants to be with her family for the event.

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Old 30th July 2016, 12:50 AM
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I don't think anyone answered OP"s original question.

I don't know the answer, but suspect that being the father of an infant born in Mexico will give the OP no sort of additional legal rights, especially for work, that being married to a Mexican doesn't already do.

As I said, I don't know, but I think that's so. If so, they should plan to have the baby born where it makes best sense for the baby, which may be Mexico if the mother wants to be with her family for the event.
Actually you don´t understand the "Vinculo Familiar" law quite well enough. It states any parent of any Mexican National [includes dual citizens from abroad] with proof can use the law to become a Residente Permanente at any INM office inside Mexico which I presume includes getting a 6 month RP visa in your passport from a Mexican Consulate, but not needed. A RP has permission to work.

A foreigner married to a Mexican National can apply under the "Vinculo Familiar" law for a 1 to 4 year Residente Temporal vísa/card inside Mexico or I presume at a Mexican Consulate and cannot apply for a Residente Permanente until after 2 years on a RT visa [you can apply 30 calender days before the 2 year RT visa expiration date] and needs to add a "Permiso para Trabajar" [work permit] to the RT to be able to work. I did all of the above inside Mexico at our local INM office [2 year RT visa first, added a work permit] being married to a Mexican National that I describe in this paragraph.
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Last edited by AlanMexicali; 30th July 2016 at 12:53 AM.
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Old 30th July 2016, 06:00 AM
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Excellent, thank you

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Old 30th July 2016, 01:28 PM
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Quote:
Originally Posted by perropedorro View Post
Found an older INM form, (2013) that mentions this, but the newer website doesn't have that information, or at least not in the same place. I had the same choices eight months ago and opted for a married-to-a-Mexican RT. I recently took early retirement and am ready to take a couple of years off before finding a second career, so a work permit was unnecessary. After two years of establishing a domicile in Mexico (and not being absent from the country for more than a total of 180 days within those two years) I'll qualify for naturalization through SRE. I also have Mexican-born children which would have gotten me a permanent visa, said the INM officer in Manzanillo, but in that case naturalization would take 5 years.
Both marriage to a Mexican citizen or having Mexican born children qualify a person to apply for citizenship after 2 years living legally in Mexico, RP or RT. The INM officer gave you a bum steer. Information on this matter should come directly from SRE and not INM. INM has little to nothing to do with citizenship.
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Old 11th May 2017, 12:12 AM
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Just to update anyone who's interested, or in case someone stumbles across this in future, yes, having a Mexican citizen child does make a difference. You can go straight to RP from whatever you have. Easiest is just enter on an FMM (6 month visitor) if you're from a non-visa country like I am, and then once the child is born and registered, get him/her a passport. This makes the INM portion of the process easier. Then you apply for change of status to permanent resident for family union, and if you do your homework and get your paperwork straight, you'll have permanent residency within 2 months. See my other topic for the full story.

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