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Minors traveling with adults other than parents or legal guardians.

Minors traveling with adults other than parents or legal guardians.

AGREEMENT ENTERED INTO BY AND BETWEEN THE MINISTRY OF TOURISM AND THE NATIONAL MIGRATION INSTITUTE (INAMI-MEXICO):
Mexican or foreign minor migrants traveling alone or with an adult third party are allowed to enter and leave the country without the document granted before notary public or by an authority empowered for it, up to January 24, 2014.

  • Personnel carrying out check-in of customers on international flights are obligated to verify that they have valid immigration documents that are in force to travel to Mexico or from Mexico abroad.
  • Minors, age 17 or less, whether foreign or Mexican, traveling to Mexico or from Mexico abroad with any person that is not the father, mother, or the person exercising parental authority/guardianship over them, or that are unaccompanied, must submit, in addition to their immigration documents, a notarized document authorizing the minor to travel without them. If the document is issued in a foreign country it must be legalized, or bear an apostille, and be translated into Spanish.
  • Sanctions for non-compliance have a highly significant increase (example: currently 6,000 MXN is increased to 60,000 MXN)

Legal Framework:

Article 69. Girls, boys, teenagers, and persons under legal guardianship in terms of the civil legislation, Mexicans or foreign, with permanent resident, temporary resident, and temporary student resident status in the national territory, who travel alone or accompanied by an adult third party or an adult different than the persons exercising parental authority or guardianship over them, and that do not submit any of the following documents before the immigration authority:

  1. Document granted before notary public by means of which, those who exercise parental authority or guardianship, authorize them to leave the national territory, or
  2. Document issued by an authority empowered to do so. Said document may be the form established by the immigration authority for said purpose, available in the locations intended for international transit of persons, as well as in electronic means, especially, in the official web page of the Instituto Nacional de Migración (National Migration Institute), www.inm.gob.mx.
  • On the instructions of the National Migration Institute notarized letter will be required until January 23, 2014.
  • As of January 24, 2014 is effective mode of presenting the notarized letter or the authorized form to leave the Country, as shown in the following guidelines.

Immigration Law

Article 44. International passenger transportation companies, via sea or air, are obliged to verify that the foreign nationals they transport have valid documents, which are required for entry into the national territory or to the final destination country.

Article 49. Departure from the country of children and adolescents, or persons under legal guardianship in terms of the civil legislation, whether Mexican or foreign nationals, shall be subject, in addition, to the following rules:

I. They must be accompanied by any of the persons who exercise parental authority or guardianship over them, and comply with the civil legislation requirements.

II. In case they are accompanied by a third party that is an adult or are traveling alone, the passport and document certifying the authorization of those exercising parental authority or guardianship must be submitted, certified before a public certifying officer or by the authorities that have the power to do so.

Immigration Law Regulations

Article 42. Companies that provide international transportation services of passengers, via sea or air, shall be obliged to:

II. Refrain from transporting to the national territory foreign nationals who do not have a valid passport or an identity and travel document in accordance with international law, and where appropriate, visa or immigration document certifying their condition of stay, which shall be valid and in force. Otherwise, they shall be responsible for expenses incurred due to the return of passengers rejected for not having immigration documents or the latter being irregular.

In the case of children, or adolescents, or persons under legal guardianship in terms of the civil legislation, that are accompanied by a third party that is an adult or are traveling alone, must certify that they have the authorization that paragraph second of section V of this article refers to. The foregoing will not be necessary in the case of Mexicans traveling alone and who will be repatriated to the national territory.

MANAGEMENT OFFICE AIRPORTS

III. Refrain from transporting foreign nationals outside the national territory who do not have a valid passport or identity and travel document according to international law, as well as those that do not prove their regular immigration status in the national territory, unless express authorization from the Institute exists;

IV. Refrain from transporting persons showing a passport or identity and travel document torn, containings crossed-out text, amendments, or any other damage to the biographic data page that makes the identification of its bearer impossible, or if the damage does not allow mechanical reading;

V. Refrain from transporting minors who intend to leave the national territory, without previously proving they have a passport or identity and travel document that is valid in accordance with international law, and that travel accompanied by any of the persons exercising parental authority or the guardianship over them.

In case of children, or adolescents, or persons under legal guardianship in terms of the civil legislation that are accompanied by a third party that is an adult or that are traveling alone, they must submit a document granted before a certifying public officer or by the authority that has the power to do, authorizing that the minor can leave the national territory, granted by both parents or by those who exercise parental authority or guardianship over them. In the case of a document granted abroad, it shall be legalized or bear an apostille, as the case may be, with its translation in case of a language other than Spanish.

IX. Transport foreign nationals that have been rejected by the Institute to return to their country of origin or where they are admissible, when they are responsible for their arrival to the national territory.

Sanctions

Article 153. Companies devoted to international transportation via land, sea, or air, that transport foreign nationals into the country who have no valid immigration documents, shall be sanctioned with a fine of one thousand to ten thousand days of minimum wage in force in the Federal District, without prejudice of the foreign national being rejected, and that the company returns him/her, at its expense, to the location of origin.

Note:

  • It won´t be necessary to maintain the original copy of the notarized letter as part of the flight file.
  • All children unaccompanied or accompanied by a person other than a parent or who exercises
  • parental authority, who had begun their journey before November, 09 2012, can return to Mexico or abroad without presenting the notarized letter.
  • Notarized letter is not requires for children traveling with one parent.
  • Foreign minors who do not have the notarized letter, it must require an authorization from the local