Job Discussion Forums

[davidmsgi]

I am a permanent Mexican resident, my wife is a Mexican citizen, and she is the 'sponsor' of my Inmigrante Familiar Visa - an FM-2. I don't require the sponsorship of a school or an employer to retain my Visa, to live, or to work in Mexico.

I was told by Immigration that I have full rights to live and work anywhere in Mexico, and the work can be anything that is 'legal' - with no limitations. I can work as a company employee or as an 'independent'.

I have been working for a 'chain' language school for about 4 months.
I am a native-English speaker from the US, and a former business consultant to Fortune 500 US Corporations - but an ESL 'newbie'.

Immigration visited my school recently and 'busted' them for having too many foreign teachers - the limit by Mexican law is that only 10% of the teachers can be foreign. So I am now out of a job as the newest 'foreign' teacher hired. They had one 'foreigner' too many, and it was me.

I believe my FM-2 Visa allows me to work as an 'independent' teacher, or as a 'language consultant' and I can get receipts from Hacienda to give to a school, company, or 'client' whenever I get paid for my teaching 'services'. I was told to simply produce a letter outlining the terms of my teaching 'contract', price per class or hour, and an estimate of the number of hours per month. I give receipts to the school or employer when I am paid, and I am responsible to Hacienda for my own taxes.

Here's my question: If I am engaged as a 'contract' independent teacher or 'language consultant' by a school or company, but not hired as an employee of the school or company, do I 'count' as a foreign teacher or employee on their records with Immigration? If I go 'independent' does it solve the problem of my 'foreign teacher' status when I work for a school or company?

I want to be sure to be 'legal' in any future employment activities, whether they be employee or 'contract'. It seems that my school didn't share a few important employment details with me when I was hired.

Thanks!

[Enchilada Potosina]

[Tretyakovskii]

[davidmsgi]

I don't want to use my wife as 'me' - that's what the school suggested, but it doesn't sound legit or legal to me. I have to sign all of my class and travel forms and all company documents as my wife - the school schedule shows my wife for my classes - it feels like I'm setting myself up for problems with Immigration by doing it that way.

It's hard to imagine that I would fare well if Immigration audited my school and asked to talk to my wife about her 'teaching' work - sounds like a disaster waiting to happen for us. Especially since my school has already been 'busted' and fined for violations - they must be under scrutiny. I worry that Immigration will visit the school, and interview each teacher. I would be the American guy named MARTHA - and probably be deported in short order.

I think going independent sounds much safer and legit.

I also think it's a black mark on my school's credibility that they asked me to 'become' my wife instead of suggesting a better legal option.

But thanks for the input.

[BadBeagleBad]

[mejms]

Get your recibos. It's not at all hard, considering that your legal work status. Get them in your name. Why not? Get work with your own clients rather than a school. By giving a school "recibos de honorario," you're making their lives easier but not helping yourself out too much. Sure you get to hold on to your mediocre job, but you excuse them from paying all the benefits required by law and you're going to need to file your own taxes or hire an accountant. All that for the same job and same pay you've had all along?

[Phil_K]

[notamiss]

All the above seconded. It's really common to lend recibos, and nobody minds, but there is no reason why you shouldn't get them in your own name.

[Isla Guapa]

[notamiss]

[Enchilada Potosina]

[BadBeagleBad]