Immigration & Visas, Living, Working

Residency in Mexico via Marriage or Common-Law Partnership

Learn about the rules which underpin residency status as the spouse or common-law partner of a Mexican national or existing foreign legal resident in Mexico

Residente Temporal Card and letter

As we remarked in a related article, applications for residency in Mexico can be made using special Family Unit rules if you have certain family connections in Mexico.

The most common family connection that applicants use to apply for residency using Family Unit rules is being the spouse of a Mexican national, or the spouse or common-law partner of an existing legal resident.

How residency applications for couples are treated

How your application for residency in Mexico using this route is treated will depend on:

  • Whether you apply at an immigration office in Mexico, or start your application at a Mexican consulate abroad; and
  • Whether your spouse or common-law partner is a Mexican national or a legal foreign resident; and
  • If your spouse or common-law partner is a legal resident, whether they currently hold Temporary or Permanent residency status.

Note about Common-Law Partnerships

Mexican immigration law recognizes Common-Law Partnerships (in Spanish, “concubinos“) in addition to couples with a certificate of marriage issued by a civil court. Same sex couples, married and common law, are also recognized.

However, if you are applying as a couple under the auspice of Common-Law Partnership note that it’s necessary to inquire in advance at the Mexican consulate abroad or at the immigration office in Mexico where you intend to apply to ask about what evidence they require to prove the Common-Law partnership between the applicants, and make arrangements for this evidence to be obtained.

Applying as a couple at a Mexican consulate abroad

If you’re the spouse of a Mexican national or existing foreign legal resident in Mexico and choose to begin the application for residency at a Mexican consulate abroad you will:

  • Be granted residency under Family Unit rules; and
  • Get a residency visa sticker placed in your passport; and
  • You’ll need to arrive in Mexico and exchange that sticker for a residency card at your local immigration office.

When you apply via a Mexican consulate, your Temporary Residency card will be issued for one year only and must be renewed near the end of year one for a further three years.

Near the end of that consecutive four year period, the spouse or common-law partner can then apply to exchange temporary residency for permanent residency.

Applying as a couple at an immigration office in Mexico

Spouses and common-law partners are among the few people who can exchange a visitor permit for a residency card inside Mexico without having to apply through a Mexican consulate abroad.

Applying at a local immigration office in Mexico requires that your key documents —e.g. marriage certificate, birth certificates— be notarized/apostilled, and translated into Spanish. It’s a good idea to get this done for any future presentation in Mexico of these documents for official purposes.

The table below describes how your residency status will be granted when you apply as a couple for legal residency at an immigration office in Mexico.

Situation Residency status granted
Your spouse or common-law partner is a Mexican national or foreign resident with Permanent Residency. The dependent spouse/partner will get a Temporary Residency card valid for two years. At the end of those two years, they can apply for Permanent Residency.
Your spouse or common-law partner is a foreign resident with Temporary Residency. The number of years granted on your residency card will depend on how long the existing temporary resident has held their Temporary Residency.

The dependent spouse/partner will be issued with a Temporary Residency card that lasts for the same number of years that the existing resident has already held temporary residency.

The dependent spouse/partner will become eligible to apply for Permanent Residency two years after the existing resident acquires their Permanent Residency. The dependent spouse/partner must maintain their Temporary Residency current in the meantime.

Mexico Immigration Assistance Service

When you need assistance with residency applications starting from abroad or from inside Mexico, through Family Unit or another route, and whether you are applying for the first time or renewing an existing permit, or regularizing your status in Mexico with a special procedure, consider using our associates Mexico Immigration Assistance service.

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