The topic of refugees and applying for asylum in Mexico in connection with the war in Ukraine is now being actively discussed on various forums on the Internet. We have also made a number of publications on the topic. But some questions and «pitfalls» Asylum applications in Mexico are still underdeveloped. We will try to explain step by step how to request asylum in Mexico and how to obtain refugee status.
The most important note: Mexico does not automatically grant refugee status. This means that you will be given temporary asylum in Mexico, but residency status — not a fact.
Stage 1. Submitting an application for asylum
You must be in Mexican territory and go to the Commission for the Protection of Refugees (COMAR) in person. COMAR is present in Mexico City and the states of Chiapas, Veracruz, Baja California and Tabasco. You will find the coordinatesHere. In the remaining states, COMAR functions are performed by the National Institute of Migration (INM).
The procedure is completely free. First you need to register for thiswebsiteand fill out the Application for Recognition of Refugee Status form, print and sign. Then, on a first-come, first-served basis, come to the COMAR office or the migration service. It is possible to fill out the application directly in the office. You must offer a passport, photograph, FMM migration form, printed application form and a letter «sworn» outlining the essence of the request. If you entered Mexico more than 30 days ago, you will need to provide a reason why you could not apply earlier. The unexpected start of the war — that's exactly the reason.
Sample letter requesting refugee status in Mexico
(for citizens of Ukraine in connection with the war)
__CANCÚN, QUINTANA ROO, A 15 DE MARZO DE 2024__
ASUNTO: ENVÍO CARTA DE ESCRITO LIBRE PARA RECONOCIMIENTO DE LA CONDICIÓN DE REFUGIADO
COMISIÓN MEXICANA DE AYUDA A REFUGIADOS
PRESENTE
Quien suscribe, __PETRO PETRENKO__de nacionalidad __UCRANIANA__, de __35__años de edad, de estado civil __soltero__, que viajo solo(si es con familia anotar sus nombres),vengo ante ustedes con la finalidad de exponer mi situación debido a la cual, solicito tengan a bien otorgarme de acuerdo a sus consideraciones el reconocimiento de la condición de refugiado, por los motivos que expongo a continuación:
Que el día el __1 de febrero de 2024__, ingresé a México por vía AEREA, por motivos de Turismo, estando en __Benito Juárez, Quintana Roo__, nos enteramos por los medios de comunicación del estado como: (prensa, televisión), y por información directa de familiares y amigos quienes han sufrido las consecuencias del conflicto armado; que mi país UCRANIA estaba sufriendo AGRESION EXTRANJERA, la cual representa un riesgo fáctico en mi vida, mi integridad y la de mi familia ya que se encuentra en riesgo para regresar a nuestro país debido a los conflictos armados internacionales.
«Artículo 13. La condición de refugiado se reconocerá a todo extranjero que se encuentre en territorio nacional, bajo alguno de los siguientes supuestos:
(…)
III.Que debido a circunstancias que hayan surgido en su país de origeno como resultado de actividades realizadas, durante su estancia en territorio nacional, tenga fundados temores de ser perseguido por motivos de raza, religión, nacionalidad, género, pertenencia a determinado grupo social u opiniones políticas, o su vida, seguridad o libertad pudieran ser amenazadas por violencia generalizada,agresión extranjera, conflictos internos, violación masiva de los derechos humanos u otras circunstancias que hayan perturbado gravemente el orden público.»1Sur Place.
(Énfasis Propio).
Pongo a su disposición mis datos de contacto en los cuales puedan contactarme para lo correspondiente: número telefónico ____, correo electrónico ____,y midirección __Residencial Las Olas, Blvd. KukulcanKm 8.5,Punta Cancun, Zona Hotelera, 77500 Cancún, Q.R.__
Agradeciendo de antemano tome en cuenta mi solicitud, le envío un cordial saludo.
Extiendo la presente para los fines que la Comisión Mexicana de Ayuda a Refugiados, así considere.
Atentamente,
__PETRO PETRENKO__
1 Ley sobre Refugiados, Protección Complementaria y Asilo Político, artículo 13.
If you apply for asylum at the airport, you must do this within 4 hours of arrival by contacting any migration officer. We advise that your request be the first thing the immigration officer hears at passport control. The main disadvantage of applying for asylum immediately upon arrival — you will have to stay in a special room at the airport or immigration station for a couple of days or longer until your application is officially accepted. One more word of caution — you will be put on a plane from Mexico before you are able to complete your petition.
Confirmation that your application has been accepted and will be considered is a certificate issued by COMAR. It is usually issued on the day of application.
At the same time, COMAR forms CURP — Mexican Resident Identification Number, a copy of which is given to you along with your certificate.
Chances:
At this stage, you do not need to confirm that you have been injured; a short written explanation is sufficient.
The petition will be accepted one way or another if the reason does not seem clearly far-fetched and you met the filing deadline of 30 days from the date of entry into Mexico. We strongly advise against asking for asylum at the airport upon arrival.
To submit the petition, it is allowed to attract an assistant or translator.
Stage 2. Process of obtaining temporary visitor status
If you applied at the COMAR office, the asylum certificate must be taken to the migration service — local office of the National Institute of Migration. Visits are on a first-come, first-served basis, without an appointment. If you submitted your application at the office of the National Institute of Migration, you do not need to carry anything anywhere, they have already received your certificate from a COMAR representative. You will be told when to come next. Most often they ask you to come back in a week.
After filling out forms, taking photographs and taking fingerprints, the migration service issues a temporary visitor card for humanitarian reasons with a work permit valid for 1 year. CURP will be printed on the front of the card.
(The issuance of the visitor card is currently suspended. The Migration Service issues confirmation of the visitor's migration status for humanitarian reasons on paper.)
This stage may take from one to 10 days.
Options:
Temporary visitor status for humanitarian reasons provides:
- live legally in Mexico,
- work (but you must separately register with the tax office and purchase an RFC tax number),
- study,
- acquire free support in medical institutions.
The status of a temporary visitor opens the way to change it to a residence permit or permanent residence permit for any reason possible in such cases without leaving Mexico. For example, acquire a residence permit by proving your financial solvency or purchasing real estate.
To obtain the status of a temporary visitor, it is possible to attract an assistant or translator.
Restrictions:
Temporary visitor status — This is not a residence permit, most often it cannot be extended, and the validity period (1 year) can be terminated early if they are refused at the next stage.
While you are a temporary visitor:
- It is prohibited to change your residential address,
- prohibited from leaving the state,
- prohibited from leaving Mexico.
However, you can request COMAR permission for these purposes. More details — readHere.
You have the right to face refusals to hire and open a bank account.
Stage 3. Obtaining refugee status
COMAR will schedule an interview date and notify you separately. It is extremely difficult to say when this interview will take place. COMAR promises to consider applications in connection with the war in Ukraine as a priority, in other words, within approximately 3 months. Usually an interview is scheduled after six months or even later.
During the interview, you must provide convincing arguments for obtaining refugee status in Mexico, putting them in writing. However, you should not provide evidence of events that changed the social order in your country.
Usually one interview is carried out, but 2 interviews can be scheduled:
Assistance interview. During this interview, the scope of assistance you need in Mexico will be determined: health care, education, work issues and all other issues that you consider relevant.
Compliance Interview. This is the most important interview of the process, it is conducted in order to find out and evaluate the reasons why you left your country and now cannot return to it.
Interview — This is not some formal procedure. Even if the war — a well-known fact, you should explain what threats it poses directly to you.
There could be a long instruction here on how to conduct an interview correctly. But let's limit ourselves to the following warning. If there is a resolution by the UN High Commissioner for Refugees (ACNUR) on the situation with the war in Ukraine, it will not be difficult to obtain refugee status in Mexico. This could also be a resolution of the Mexican Foreign Ministry. Neither COMAR nor the Mexican Migration Service can, through orders or decisions, recognize citizens of any country as victims.
If there is no resolution, you will have to prove how directly you suffered as a result of the war, and the chances of obtaining refugee status in Mexico drop sharply. Economic factors and indirect consequences are not taken into account.
We believe that there will certainly be an ACNUR resolution (at the time of writing this publication there is none), and that Ukrainians will be included in it. Whether Russians and Belarusians will be included in it is a question. In any circumstances, we advise you to first wait for the UN Commissioner's resolution and then apply for refugee status.
The results of the interview will be reported within 55 working days (up to 100 days). If the decision is positive, you will receive refugee status and have the opportunity to apply for a permanent resident card in Mexico. If denied, you will be ordered to leave Mexico within 20 days.
Options:
Refugee status means permanent residence in Mexico.
Restrictions:
For the interview, it is allowed to attract an assistant or translator only with a special legal status.
If you refuse, you will receive an order to leave Mexico and a (possible) ban on future entry into the country.
Stage 4. Drawing up permanent residence in Mexico
Having received a positive decision from COMAR, you should contact the National Institute of Migration as a general appointment to obtain a Mexican permanent resident card. Currently, purchasing a resident card takes approximately 2 months. The procedure is completely similar to obtaining a resident card for other reasons, but is completely free.
Possibilities:
All the same options that permanent residence takes away for other reasons.
You have the right to freely change your address, move around the country and travel outside of Mexico.
After 5 years (from the date of acquiring temporary visitor status!) you can go through the naturalization procedure and obtain Mexican citizenship. You will be exempt from taking the Mexican History and Culture exam.
Restrictions:
Before obtaining Mexican citizenship, you must not travel to the country of your citizenship, otherwise you will lose your permanent residence.
Guide to Refugee Status in Mexico
Move to Mexico comment
With this comment we express solely our own opinion. You are free to do otherwise. When writing our publications, we operate primarily with existing legislation and established practice, and not with statements by politicians.
Until the publication of the UN High Commissioner for Refugees (ACNUR) resolution, we invite citizens of Russia and Belarus to refrain from filing asylum claims. We are not sure that citizens of these countries will be recognized as victims of the war in Ukraine. Without official recognition as victims, they will have to prove that the war directly affected them, which is extremely difficult or even possible without documentation.
We may be wrong, and Mexico recognizes the situation in Russia and Belarus as something of a “humanitarian” one. But at the moment there are no prerequisites to say that this will happen.
Having received a refusal to grant refugee status, you have the right to face a ban on subsequent entry into the country, although no one will expel you from Mexico until the end of the war. If your goal — to obtain residency status in Mexico, consider other options.
Citizens of these countries will be able to stay in Mexico until the war ends and normal air traffic with their homeland is restored. It is already possible to contact the migration service and obtain an extension of a tourist visa (FMM migration form) for up to 180 days. But even without a formalized extension, you will remain in Mexico with legal status.