Through law precedent 33/2019, the Supreme Court ruled that the accumulated amount of resources for retirement, unemployment in old age and old age subaccounts, as well as the housing loan, must be delivered to ex-pats who return to reside in their country of origin permanently, in order to fully safeguard their right to social security and guarantee the real enjoyment of the social benefits they acquired with their work in our country.

It is possible to obtain the reimbursement of the contributions made to the individual account in the Retirement Fund Administrator (AFORE) and to the fund of the housing loan subaccount, with respect to those expats who returned or plan to return to their country of origin. It can be obtained through the procedure known as "individual social security dispute", provided for in the Federal Labor Law, in a concentrated and agile process before the competent Labor Courts.  

The team of professionals of the Labor, Social Security and Immigration Practice Group of Sánchez Devanny has the knowledge and experience to assist in this type of procedure.

This bulletin was prepared jointly by Alfredo Kupfer-Domínguez ([email protected]) and Stefan Jiménez-Cortés ([email protected]).