I'm wondering what the employer's perspective is on this issue, since I've only ever been applying on my own behalf for permission to work. It is possible that there are simply not enough readers of this forum to get a meaningful picture of the difficulties that may be faced if an employer wants to hire a foreigner, but I'd like to hear their experiences, if they have something to share. TraceyUK, another poster to this forum, has said she is facing huge delays in getting a visa approved for her daughter so she can enter the country to work and may know something about this if, for example, the plan were to have her daughter work for her family's company, or for the company the parents work for. If any readers are an employer of foreigners please let us hear from you about this process, even if you don't normally do more than just lurk, here. This area is a black hole to me, about which I know nothing, and there may be other readers with "inquiring minds" who would also like to hear something of your experiences.
Sorry, I'm not an employer, but here's what I know... Getting hired by a Mexican company is difficult if you're a foreigner. I graduated university here in Cancun, had been living here 4 years, already had an FM3 (student version), spoke fluent Spanish and still had a hard time finding someone willing/able to hire me. Companies often avoid foreigners for a few reasons: Many foreigners don't stick around, so it's very risky to hire one (About 2/3 of the foreigners I know who were so excited to move here end up going back) Mexican companies are only allowed to have a certain percentage of foreigners among their employees The company must be able to prove that the job can only be done by a foreigner, that it's a job that can't be done by a Mexican Even when a foreigner can get a job in Mexico, they still have to go through the visa process, which generally takes at least 3 weeks, usually longer. They cannot begin working until they have the visa (FM3 or FM2) in their hands. I understand now they even have to be in their country of origin when they request it... not sure of the details there, though. My advice would be to look at larger, well-established companies. They're usually more well-versed in the visa process and are better able to spot a foreigner who will stick around.
I have yet to have an issues when it comes to employment here... they came to me. With my first job, it was with an American company, whom try to only hire native English speakers. So getting the FM3 was not a problem. While working for them, another opportunity came and I agreed to work at a Hotel in the HZ. I started the new job days after applying for the FM3 renewal. I was paying for it, so the job I was leaving was cool about it. Actually helped me in the beginning as I was renewing under their company. So when I started at the Hotel, in a job most Mexicans do, so there is no real reason for me to be there, I was without the FM for about 4 weeks. HR was OK with it as I was keeping them posted on the status. Honestly, I don't think the rule, or law, "The company must be able to prove that the job can only be done by a foreigner, that it's a job that can't be done by a Mexican", is BS. That gets tossed around a whole lot, yet I know foreigners who are Entertainers, Dancers, Bartenders, Hostesses, Concierge and so on. The entire Immigration process is not black and white. So to analyze it, it would just confuse you more... in my opinion.
Another time, when I'm not so busy, I'll look at the law on this question, but my impression has always been that you needn't show that no Mexican is qualified to do the job you have in mind for the foreigner, just as ToriB has suggested in the quote above. I too believe there is a soft limit on the percentage of foreigners on staff just as Gringation said: my belief is that it is 10%, but this may be exceeded where the job to be performed requires foreigners, by definition; and as permitted by INM. Speaking of the changes brought by the new laws I made the following observation on another thread: TraceyUK's situation is the only such case that I've read of on this forum, and we don't yet know what may be blocking progress on her daughter's application for a visa to enter Mexico to work. Perhaps not in their country of origin, but at a Mexican Embassy or Consulate abroad, certainly. Whether it is now harder to get permission to work, for those applying from outside the country, is a second issue- the first being just how hard was it under the old law for employers to deal with INM. There may be some employers who read this forum. We'll just have to wait and see. The experiences of those on the other side, like Gringation and ToriB, are also valuable as they have suffered through any mishaps or delays along the way to their employers getting permission for them to work. In cases like that of Gringation, in which she's been told by prospective employers that they cannot get a visa for a foreigner, it would be interesting to know in more detail why not. The list Gringation offered may, in fact, be the reasons in many cases. At my own university, where few foreigners are employed in any other than a part time role (I personally know of no other than myself), I was flatly told they would not hire anyone who did not already have permission to work in Mexico; and, if you did, they would consider you as they did me, but only after I got permission to work independently. ________________
It looks like daughters Visa should be issued this week.(her online status has changed)I will keep you updated.She will be working for a company taking care of Canadian tourists, we personally do not have a company here.My husband also works for a large company within tourism they will definately look for local employees over foreigners now as the immigration process is a complete pain in ass. The only reason the Canadian company has decided to tolerate the long wait in our daughters case is because the directors are friends but they have explained that if it had been anyone else they would have said forget it and employed someone locally.Its true there is a percentage allowed for foreigners within a company and it is adhered to. It has taken since October for my daughters visa to be issued- due to change in law and people basically not knowing how it works etc (the pagadora, the lawyer and immigration officers ). I know that at the school our son attends they employ a high level of foreign teachers but I can see that happening less and less with the new laws .
Good news, at last! Well, there'll be something to celebrate when she arrives this time. Just be sure to tell her not to let that visa lapse, should she change jobs or need to renew, as this whole scenario would have to be repeated again.
I don't know when this matter was given to the lawyer to handle but, if a decision to hire her was made in October, there was a brief window of time (through the 8th day of November) during which application could have been made for permission to work and no visa would have been required, because the old law would have governed the case. She could have come to Mexico and completed the process, in country- a thing permitted under the old law, but not under the new. Any number of people had immigration matters to consider as the day approached for the implementation of the new law and were having to give thought to the question, under which law would it be better to proceed. In some cases, such as this one, the answer would have been clear.
I'll agree with you there, Tori! It's supposedly the rule, but not always strictly enforced... just like pretty much anything else with immigration hahahaha
