The pension system in Mexico is characterized by the existence of individual accounts managed by private pension funds (AFORE). Each foreign worker who has worked full-time in Mexico (payroll) contributes a certain amount, which is managed by the AFORE.
The law allows foreign workers who have worked in Mexico to withdraw the total balance of their AFORE account once they leave the country with no immediate intention of returning to Mexico for work reasons.
Where is your AFORE?
You can provide us with a statement from your AFORE if available; if not, we can locate your AFORE for you. If you are not registered with any AFORE, we can help you register.
If you are in Mexico: You will need to provide a Power of Attorney (POA) authorized by a Public Notary.
If you are not in Mexico: You will need to obtain the POA at a Mexican Embassy or Consulate around the world and then send it to us by courier.
You must make an initial payment of 15,000.00 Mexican pesos.
We will submit a request for a conciliation hearing before the Labor Authority, which must be confirmed by you in a virtual meeting. Once the request is confirmed, a conciliation hearing will be scheduled for a specific date on which you must participate virtually; we will accompany you throughout the process.
After the conciliation, we can initiate a lawsuit before a Labor Court to withdraw the amount from your AFORE.
With a favorable resolution from the Court, we recover your money. You will always receive it directly in your Mexican bank account; if you do not have a bank account in Mexico, we can open one in your name using the POA.
Final settlement, our firm charges 20% of the recovered amount.
1. How do I know the total amount accumulated in my AFORE?
By requesting a statement from your AFORE. If you do not know your AFORE, we can find it for you.
What is INFONAVIT and AFORE?
INFONAVIT is the acronym for the National Workers' Housing Fund Institute. AFORE is a private banking institution that manages social security funds.
3. When can I withdraw my money?
When you leave Mexico with no intention of returning for work purposes.
4. How long does it take to receive the AFORE amount?
It is a process that can take approximately 9 to 16 months.
5. What happens if I start the process to withdraw AFORE and I have to return to Mexico for work?
The process will be suspended until you leave Mexico with no intention of returning for work purposes.
6. Besides the POA, do I need to provide additional documents?
Copies of your Immigration Identification (Temporary/Permanent Residence) and your passport, as well as the latest AFORE statement you may have.
7. Do I need to travel to Mexico at any time during the process?
No, although your presence may be required at a couple of virtual hearings.
8. If I am a Temporary or Permanent Resident of Mexico, does it affect the AFORE withdrawal process?
No, as long as you leave Mexico with no intention of returning for work purposes.
9. If I receive the AFORE amount and then have the opportunity to return to Mexico for work, can I work again?
Yes, you can, although the new amounts generated in social security will be deposited into the already emptied AFORE.
10. How many times can I go through the AFORE withdrawal process?
Although there is no legal provision on this, the law seems to establish that the withdrawal process can only be done once.
11. What documents should I present or what process should I follow when receiving the money?
You must present your Immigration Identification (Temporary/Permanent Residence) and the Mexican bank account number of your choice.
12. If the person who worked in Mexico has passed away, can their family access the AFORE amount?
Yes, although a different process must be initiated, as a lawsuit must be filed to designate beneficiaries.
13. Can I stop the process at any time during the trial?
Yes, it is possible to stop the process as long as a resolution has not yet been issued.
14. If I do not withdraw AFORE, what is the waiting period to receive the money?
In that case, you will have access to the funds when you turn 60 years old.
15. Is there any way to partially withdraw the AFORE amount under any circumstances?
There are few circumstances that may allow a worker to partially withdraw AFORE funds, such as unemployment for more than 46 days (which can only be claimed every 5 years) and marriage assistance. However, the AFORE system is not designed to allow partial withdrawals, as they can only be made under very specific circumstances and the amounts are not substantial.
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