Visitor status for humanitarian reasons (visitante por razones humanitarias) — This is a special immigration status that Mexico gives to those who seek protection on its territory or for some reason cannot leave the country. This is a temporary status, like the status of a temporary resident (residente temporal). However, unlike the latter, the status of a visitor for humanitarian reasons — this is not a residence or a resident status, and by and large its only purpose — offer temporary protection, in other words the right to legally remain on Mexican territory. Temporary — means approximately 1 year, most often without the prospect of extension or with extension in exceptional cases. Then you need to either change this status to refugee status or leave the country. There are other options available here, which we will discuss below.
Visitor status for humanitarian reasons — This is the first step towards obtaining refugee status, but this is not yet refugee status. In addition, it is given for any other humanitarian reasons: children who find themselves in the country without parents, those who have suffered a serious illness or an accident in Mexico, whose relatives have been imprisoned, and so on. This status was given during the coronavirus epidemic instead of extending a tourist visa.
Obtaining visitor status for humanitarian reasons is quite simple. They give it to everyone! All you have to do is go to the Commission for Refugee Assistance (COMAR) or the migration service in those states where it represents the interests of the Commission, ask for refugee status, prepare a few papers, and in a couple of weeks you will be issued a visitor card for humanitarian reasons, completely free of charge. They will refuse you only if the reason for obtaining refugee status is very far-fetched.
Nowadays, many Ukrainians and Russians have received a Mexican visitor card for humanitarian reasons, counting on refugee status due to the war in Ukraine. We do not see much sense or advantages in this.
Firstly, at the current moment (end of 2024) no one has yet received refugee status in connection with the war in Ukraine. We're not sure anyone will get it. Despite statements by the country's top leadership, Mexico is not yet ready to recognize the situation in Ukraine as such, which requires granting refugee status to those who came from there. Mexico is willing to provide temporary asylum, which it does by handing out visitor cards for humanitarian reasons, but not refugee status. This means that sooner or later you will still have to resolve the issue of obtaining a residence permit if the applicant wants to stay in the country for a long time. Let us remind you that refugee status automatically opens the door to obtaining permanent residence in Mexico, that is, to indefinite residence.
If, after considering the case and conducting an interview, refugee status is denied, you will receive an order to resolve the migration situation or leave the country within 20 days. And you will need to think about how to change the status of a visitor for humanitarian reasons to the status of a temporary or permanent resident within these 20 days. You are also able to leave Mexico and then return again as a guest of the country, but your goal — stay to live in Mexico — will not be achieved. If you leave before the end of these 20 days, there will be no restrictions on subsequent entries.
Secondly, now Ukrainians, Russians and Belarusians are able to stay in Mexico at least until the war in Ukraine ends, without even renewing their guest country visa. In fact, this is the same as applying for a visitor’s card for humanitarian reasons, only you don’t have to go anywhere. Upon entry, you will receive a permitted 180 days of stay, and at the end of them, the migration service will turn a blind eye to the fact that in fact you are an illegal immigrant. No one from the power will expel you or apply any sanctions.
Third, humanitarian visitor status, if obtained in anticipation of refugee status, prohibits you from leaving the state for a long time, and even more so you cannot leave Mexico. Regularly, most often once every 10 days, you need to report to the migration service. Violation will result in deprivation of status, — Of course, if you run into a migration check. You can travel around the country with an expired travel visa, and even if some airline doesn’t put you on the flight, at least you won’t be deported.
But the status of a visitor for humanitarian reasons also has its advantages, some — quite controversial. For example, a visitor's card gives permission to work, and upon receipt, the owner also receives CURP — Mexican Resident Identification Number. You are unlikely to find a decent job, since the employer understands that your status — temporary. But you can try to open a bank account. Most banks will refuse, as they only serve temporary or permanent residents. It is possible to buy IMSS insurance, which costs approximately $700 per year, and gain access to public health care and free medicines. You are allowed to send your children to a free school or kindergarten if their level suits you.
And now let's talk about the main thing, about how to stay in Mexico if you still are not given refugee status. You should create a backup plan before your 20 days to travel begin. The most reliable options — marry a resident or citizen of Mexico or give birth to a child in the territory of the state. Then it is possible to change the status of a visitor for humanitarian reasons to the status of a temporary or permanent resident, respectively, immediately after one of these events.
All other usual options for acquiring a residence permit (by invitation to work, admission to a Mexican university, economic viability, purchase of real estate or a share in a Mexican company) are also suitable. Moreover, to implement them, you do not need to first apply for a visa at the Mexican consulate; documentation can be immediately submitted to the migration service office. And the criteria for assessing economic viability (income or savings) are lower than those for obtaining a visa at the consulate. But in order to take advantage of these options, you must first withdraw your application to COMAR for refugee status, and only then contact the migration service to obtain a residence permit on one of the grounds mentioned above. Or you can wait until COMAR refuses to grant refugee status, and then proceed to acquire a residence permit. But if you do receive an order to leave Mexico, the time frame for changing your migration status from humanitarian visitor to temporary resident will be very tight.
We would like to add that due to the inability to deport citizens of Ukraine, Russia and Belarus from Mexico due to the war in Ukraine, COMAR now does not always issue an order to leave Mexico after a refusal to grant refugee status. If the order is not issued, your temporary visitor card will continue to be valid until the end of the validity period indicated on it, and you will have more time to change your status to resident.
All options for changing visitor status to resident status are well described on the website of the National Institute of Migration (INM).
To summarize, we would like to advise you to think in advance about what you will do with the status of a visitor for humanitarian reasons. Obtaining refugee status is very, very difficult. If you have other reasons for obtaining a residence permit, use them to purchase a residence permit directly, and not to change your immigration status. Do not think that if the criteria for economic viability of the migration service are lower than those of the consulates, then it will be easier to obtain a residence permit on its basis. It’s one thing, you bring accounting documents from your state to the diplomatic mission of Mexico in your own country. Another thing is that they will be examined by the migration service on Mexican territory, which does not understand anything about them.