After publishing material about the prospects for obtaining refugee status in Mexico, in which we stated that so far no Ukrainians or Russians have been given such status in connection with the war in Ukraine, we received several negative comments. Their authors wrote that we were wrong, that they knew those who had already received refugee status in Mexico.
We would like to develop this topic and clarify things. To do this, we will have to explain how refugee status differs from temporary visitor status for humanitarian reasons.
It is very easy to obtain visitor status in Mexico; you just need to apply for refugee status. First, they give the status of a visitor, then, after considering the application for refugee status, in essence, the status of a refugee. Almost everyone is given visitor status, but refugee status, as we wrote above, has not yet been given to any Ukrainians or Russians. And we doubt that they will give it to the Russians.
Once again: after submitting an application for refugee status, it is considered 2 times. After the first examination, they are given temporary protection in the form of visitor status for humanitarian reasons. After the second review («essentially») — are given or not given refugee status. Usually, at least six months pass before the second consideration; for this reason, for many, the petition for a second consideration has not yet taken place at all.
Once visitor status is granted, a visitor card is issued for humanitarian reasons. It is also called a «humanitarian visa». It looks almost the same as a resident card (it says Visitante, not Residente). It is for this reason that many people believe that if they receive a visitor's card, their refugee claim has been approved. Nothing of the kind! In fact, the application for refugee status has not even been considered yet! And they didn’t give me refugee status either. And the status of a visitor, which was given, for citizens of Ukraine and Russia is now practically no different from the status of a guest of the state.
Visitor status — this is not a Mexican resident status. The difference between them is like between a one-time bus ticket and a driver's license. Mexico does not give up its promise to provide asylum to Ukrainians and Russians and therefore allowed you to «ride» on its territory. But in order to acquire the right to live here and «ride» without restrictions, you need to have serious reasons supported by documents. Mexico doesn't give anything to anyone for nothing.
If refugee status were approved, a Mexican permanent resident (PR) card would be issued. We have not yet seen a single Ukrainian or Russian who would receive such a card for humanitarian reasons. As we wrote, official migration statistics do not show the issuance of such cards.
Let's compare the current main options for tourist status, humanitarian visitor status and refugee/permanent resident status as applied to citizens of Ukraine and Russia.
Guest of the country:
- is able to legally stay in Mexico without extending a state visitor visa at least until the immigration office determines that he can safely return to his home country,
- the status cannot be extended, but this is not necessary,
- can move freely throughout Mexico,
- have the right to leave Mexico,
- does not have the opportunity to open a bank account, work, buy state health insurance,
- has the right to send children to kindergarten or school,
- upon expiration of the status, you need to leave Mexico or change it to resident status,
- it is allowed to change your status to a residence permit for work if you find an employer, leave and purchase a work visa at the Mexican consulate, or to some other one,
- the period of stay in the status is not included in the period before registration of Mexican citizenship.
Visitor for humanitarian reasons:
- able to legally stay in Mexico until the card expires (1 year or less),
- status cannot be extended,
- can move freely throughout Mexico between regular «markings» (every 10 days),
- may not leave Mexico without losing status,
- has the opportunity to open a bank account, work, buy state health insurance. Let us comment: not every bank will open an account for a temporary visitor, and some banks fundamentally do not open accounts for citizens of Ukraine and Russia; not every employer will hire a visitor, although there is an opportunity to run your own business if 1 year is enough,
- has the right to send children to kindergarten or school,
- upon expiration of the status, you need to leave Mexico or change it to resident status,
- it is possible to change your status to a residence permit for work, if you find an employer, you don’t need to travel and purchase a work visa, or to some other one,
- the period of stay in status is not included in the period prior to obtaining Mexican citizenship.
Read about the restrictions that visitors have for humanitarian reasons in thispublications.
Permanent Resident:
- able to legally remain in Mexico indefinitely,
- the status does not need to be renewed,
- have the right to move freely throughout Mexico,
- has the right to leave Mexico without loss of status,
- can open a bank account, work, buy government health insurance,
- can send children to kindergarten or school,
- the status has no expiration date,
- the status does not need to be changed,
- the period of stay in the status is included in the period until registration of Mexican citizenship (5 years).
Fundamentally. When you see advertisements for assistance in obtaining refugee status in Mexico, clarify what kind of status they are talking about. 99% of offers boil down to obtaining visitor status, submitting an application to the Commission for the Protection of Refugees' Rights (COMAR) and obtaining a visitor card for humanitarian reasons from the migration service. This doesn't require much work. And then — as you wish. Only a few lawyers agree to formalize a refugee’s case for consideration in essence at COMAR, and what is needed is professional services, not support services.
We also hope that you care which card you get from the migration service, just to continue to be in Mexico.
