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PROFESSIONALS PRACTICING IN MEXICO

As a general rule, professionals who practice in Mexico are required to be Mexican by birth or have Mexican citizenship: to possess a degree legally granted and duly registered; and to obtain a license to practice, from the General Administration of Professions.

Furthermore, the law states that foreigners and those who have Mexican citizenship who possess a degree in any of the professions covered by law, may only be: professors in specialties which are not yet taught or in which they show undeniable and marked competence in the opinion of the General Administration of Professions; consultants or instructors engaged in the establishment, organization or installations of institutions of civil or military instruction, or laboratories or institutes of essentially scientific character, and technical directors in the exploitation of natural resources of the country, within the limitations established by the Federal Law and other relative laws.

The pursuit of these limited activities as granted to foreigners and to those who have Mexican citizenship, is in every case of a temporary character and subject to any conditions, which the Executive may impose. The Immigration office may authorize the entry of foreign professionals into national territory only in accordance with these provisions.

1. Employment of Foreigners

The employment of foreigners in Mexico is restricted. The Immigration Laws provide that no foreigner may be accepted for work, unless it is shown to the entire satisfaction of the Central Immigration Office in Mexico City (Secretaría de Gobernación) that there is no Mexican available for that type of work.

There are, however, some enterprises which are in need of persons with training that still are not available in Mexico and such being the case, the Immigration Office grants the necessary permit to the employer in Mexico for the admission of such aliens.

Persons being remunerated in Mexico by Mexican firms will need to procure either an FM3 or FM2 form, based on the length of the work term in Mexico. The Mexican firm will apply for the FM3 or FM2 form through the "Secretaría de Gobernación" in Mexico. An FM3 form can be renewed upon expiry and an FM2 form must be renewed annually.

2. Work permit requirements for Canadians providing services in Mexico

Different types of work permits exist in Mexico depending on the nature of the work and the privileges the Canadian citizen will be granted. FM3s are needed for temporary stays of up to one year and FM2s are required for extended stays or persons intending to become immigrants to Mexico. The Mexican consulate general offices in Vancouver, Toronto and Montreal, or the Embassy of Mexico in Ottawa, will take applications for FM3s. Applications for FM2s must be submitted directly to the Secretaría de Gobernación, the Secretariat of the Interior, in Mexico.

It is important to remember that contracts or other legal documents signed in Mexico by persons who have not obtained the proper status for the purpose of doing business in Mexico, in other words, business people or individuals conducting business in Mexico who are not in possession of a FM3 or FM2, may not be considered to be legally binding by the parties concerned.

Canadians applying for a permit allowing them to do business in the country, over a short period of time (less than one year), should request a FM3. For example, where service technicians, consultants or support staff are entering the country to provide services for specific clients, the FM3 may authorize a stay for as little as 30 days or up to 1 year, depending on the circumstances.

The documentation required to obtain a FM3 will include:

    • an application,
    • two pictures of the individual,
    • a valid Canadian passport,
    • a letter from the employer specifying what the person's activities will be while in the country and by whom that person will be remunerated, and
    • payment of a permit fee.

The fee that accompanies a FM3 may vary. The fee to obtain a FM3, in the case of someone who is working for remuneration on a specific job in Mexico, is currently US $127.00. A person travelling to a business meeting in Mexico or attending a trade show will pay only US $78.00 for a FM3. The Mexican consulate general offices in Vancouver, Toronto and Montreal, or the Embassy of Mexico in Canada, will take the applications and issue the FM3.

It is the employer, and not the individual, who must make the formal request for a FM2 through the Secretaría de Gobernación, the Secretariat of the Interior, in Mexico.

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