What is the Employer's Proof of Enrollment?
It is the obligation that natural or legal persons with business activity who hire foreigners have to process and obtain from the National Migration Institute (INM) the authorization to do so.
It is a prerequisite to the receipt and resolution of immigration procedures related to legal entities and individuals with business activity that have or hire foreign personnel, so it is essential that employers request and obtain such proof from the INM.
How is the legal operation of a company accredited?
Employers of foreign personnel must register with the INM, the documentation that proves their legal operation in Mexico, for example:
+ Registration to the RFC.
+ Last Annual and Provisional declaration.
+ Proof of address.
+ Articles of Incorporation
+ Powers of the Legal Representative, among others…
Updating of the Employer's Registration Certificate
Individuals with business or legal activity, who have the Employer Registration Certificate (CIE) issued by the National Migration Institute (INM), must update it by submitting their annual return, during the months of April and May, respectively.
Legal entities must submit their annual return in March and physical persons will do so no later than April.
The benefit of updating the CIE is to continue carrying out immigration procedures before the INM without presenting, once again, the articles of incorporation, the power of attorney of the legal representative, the monthly tax return, the list of personnel and documentation in general. and information of which the INM already has knowledge.
The CIE is a prerequisite to the receipt and resolution of immigration procedures related to legal and natural persons with business activity that hire foreign personnel, so it is essential that employers who already have it, update their data regarding the presentation of their annual declaration, otherwise they will not be able to hire foreign personnel or issue job offers.
It is extremely important to establish that, if the CIE is not in force, the foreign worker will not be able to renew his stay in Mexico, since to renew his condition of stay it is required to present the Employer's Letter of Labor Continuity, with the understanding that his CIE must be current.
When should the Employer's Proof of Enrollment be updated?
The general rule establishes that, it must be updated each year with the presentation of the annual tax return; However, there are other reasons why it can be renewed, such as change of tax address or in the case of legal entities, change of legal representative or attorney-in-fact or change in corporate purpose.
What are the benefits of updating the Employer Enrollment Certificate?
The hassle of presenting, for each procedure, relevant documentation for the company is avoided, such as:
+ Articles of Incorporation.
+ Powers of attorney.
+ Tax return and etc.
What is the effect of not updating the Employer's Proof of Enrollment?
The legal or physical persons who do not update it, will not be able to carry out the immigration procedures of their foreign workers.
What are the Requirements to update the Employer Registration Certificate?
In the specific case, as it is about updating the CIE for the purpose of filing the annual return, the only requirement is to submit the annual tax return.
There is no duty payment.