Expatriates who come to work in Mexico have the status of employees and must be affiliated to the Mexican social security system (IMSS – INFONAVIT – SAR).
These expatriates, during the time they work in Mexico, currently accumulate approximately up to $7,500.00 pesos per month, in their retirement and housing savings funds mandated under Mexican Law.
Generally, when expatriates return to their country of origin, they do not have access to the accumulated balance in these accounts, because they do not have the age nor the permanence in the social security system required by law.
Fortunately for them, today there is a new criterion of some courts in the sense that expatriates cannot be required to comply with the aforementioned requirements of the law, since this creates an obstacle that prevents them from enjoying the real and effective way ownership of such resources.
According to this new criteria, it is sufficient for expatriates to permanently return to their country of origin to have access to said funds.
Labor and Emplyment
Tax & Trade
Ana Ma Becerra
Roberto Alvarez Malo