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morgaine7


May 26, 2011, 9:24 PM

Post #26 of 77 (11125 views)

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Re: [chinagringo] New Immigration law now in effect for Mexico

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Mexico's liberal immigration policies are already pretty attractive to foreign retirees, at least in my view. The process is fairly simple, income requirements are reasonable, and so on. What would you change?

Presuming Mexico wishes to attract more retirees, there are plenty of ways to do it that don't involve special provisions in the immigration law.

Kate


Ric Hoffman


May 27, 2011, 12:03 AM

Post #27 of 77 (11103 views)

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Re: [Casa] New Immigration law now in effect for Mexico

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New Immigration Law Published for Mexico Edit | Delete | Quote | Reply | Private Reply Published in the DOF: http://dof.gob.mx/nota_detalle.php?codigo=5190774&fecha=25/05/2011

It will be interesting to see how the regulations and manuals implement the new Immigration Act. Just a few quick glances leave a lot of unanswered questions. The loop hole for the turnaround 180 day visitors may be closing soon. Article 53 prohibits change from a "visitor" to "temporary resident" which is available now, but states flatly "may not change status to stay and will leave the country at the end of the period of stay authorized." Could the renewal of the "temporary resident" go out the window and a choice be made to switch to "permanent resident" or leave the country after four years?

I believe the previous years of "No Inmigrante" would be combined with current time under "Inmigrante" as long as they were continuous to fulfill the residency requirements for "permanent resident" but what happens if that time is past the four year mark for a "temporary resident" and you don't choose to apply for "permanent resident"?

Another question to ask ourselves would be what happens to those vehicles brought into Mexico under "temporary imported vehicle" sticker? Article 106 IV does not apply to "permanent residents".

One needs to read the transitory for the law to see an abbreviated impact of the changes in relation to current status. This is a Google translation without embellishment, of transitory for the law.

FIRST. The Migration Act will enter into force the day after its publication in the official Federation newspaper, except the provisions that are subject to the vacancy in the second transitory article.

SECOND. Article 10; fractions I, II, III and VI of article 18; Article 21; Chapters I and II of the fourth title; the last paragraph of article 74; articles 101 and 102; Article 117; the last paragraph of article 112; articles 126 and 127, and articles 149, 157 and 158 of the Migration Act, shall enter into force until is existing regulation of the Act.

THIRD. Within a period of 180 days after the entry into force of this Act, the Federal Government must be issued the regulation of the Migration Act, insofar as possible, it will continue to apply in which does not object, the rules of procedure of the General Population Act.

FOURTH. Administrative provisions of a general nature in immigration matters issued prior to the entry into force of the Migration Act, will continue existing in all what not opposed you, even insofar as issued provisions to replace them pursuant to the same.

FIFTH. Expenditures which agencies and entities of the Federal public administration, as well as the Attorney-General's Office, be made to implement the actions set out in the Migration Act, hold his budgetary availability approved for that purpose by the Chamber of deputies in the Decree of budget expenses of the Federation.

SIXTH. For the purposes of the Migration Act, it should take into account the following:
I. the foreigners who have obtained the immigration status of non immigrant within the characteristics of tourist, transmigrante, visitor in all its forms except foreigners who have obtained the immigration status of non immigrant within the feature of Local visitor awarded to nationals of neighboring countries for their visit to populations in the border of the Mexican United States, Minister of worship, distinguished visitor, temporary visitor and correspondent, they deemed the visitor without permission to carry out remunerated activities;
II. the foreigners who have obtained the immigration status of non immigrant within the feature of Local visitors, awarded to nationals of neighboring countries for their visit to the border of the Mexican United States people, deemed the regional visitor;
III. the foreigners who have obtained the immigration status of non immigrant, inside the typical student, was deemed temporary resident students;
IV. the foreigners who have obtained the immigration status of non immigrant, inside the characteristics of isolated political and refugee, deemed the permanent resident;
V. Foreigners who have obtained the immigration status of immigrant within the characteristics of rentier, investor, professional, responsible for trust, scientist, technician, familiar, artist and sportsman or similar, is deemed the temporary resident, and I saw.
VI. Foreigners who have obtained the immigration status of immigrated, is deemed to permanent resident.

SEVENTH. References made in the Migration Act to the order of joining process, will be understood after the existing detention order, every time that this Decree does not comes into force the constitutional article 19 subject to vacancy provided for in the article second transitory of the decree whereby they reformed and added various provisions of the political Constitution of the United States Mexican, published in the Official Gazette of the Federation on June 18, 2008.

EIGHTH. The Ministry of the Interior shall publish in the Official Journal of the Federation, the rules concerning the system of points under the Migration Act, within a period of 180 days after its entry into force..

NINTH. Migration procedures that are in process or pending resolution to the date of entry into force of the Migration Act, should be completed in accordance with the provisions in force at the time they started.

TENTH. The criminal proceedings initiated before the entry into force of the Migration Act, for the scheduled offence in article 138 of the General Population Act, will continue to be processed until its conclusion in accordance with the provisions in force at the time of the Commission of the facts that gave origin. The same will be observed with regard to the implementation of the relevant penalties.


Ric Hoffman


May 27, 2011, 5:57 AM

Post #28 of 77 (11073 views)

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Re: [morgaine7] New Immigration law now in effect for Mexico

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A PDF (Ley de Migracion DOF 25052011 it is searchable and print-ready) copy of Mexico's new Immigration Act 2011 is available for download from MoreliaConnect - Yahoo Groups or by contacting me.


stevebrtx

May 27, 2011, 7:46 AM

Post #29 of 77 (11018 views)

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Re: [chinagringo] New Immigration law now in effect for Mexico

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I'll be at the 4 year mark this Oct, but I'll renew my "FM3" in Sept and wouldn't expect any change by then. However, I was trying to remember the FM2 requirements that prevent owning a foreign plated car, can anyone refresh my memory on that part? Of course that may change in the final regulations that will now be written.


jerezano

May 27, 2011, 7:46 AM

Post #30 of 77 (11018 views)

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Re: [chinagringo] New Immigration law now in effect for Mexico

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Hello all,

I just read the new immigration law in Spanish.

A lot of us are wondering about the point system, but don't need to worry about it because of Article 54 which is quoted below and then my translation into English follows:

>>>>>
Artículo 54. Se otorgará la condición de residente permanente al extranjero que se ubique en cualquiera de los siguientes supuestos:
I. Por razones de asilo político, reconocimiento de la condición de refugiado y protección complementaria o por la determinación de apátrida, previo cumplimiento de los requisitos establecidos en esta Ley, su Reglamento y demás disposiciones jurídicas aplicables;
II. Por el derecho a la preservación de la unidad familiar en los supuestos del artículo 55 de esta Ley;

III. Que sean jubilados o pensionados que perciban de un gobierno extranjero o de organismos internacionales o de empresas particulares por servicios prestados en el exterior, un ingreso que les permita vivir en el paí<<<<<<<<<<<<
Article 54: The permanent resident status will be given to WHICHEVER of the the following apply:
I. For political asylum
II. To preserve family unity as noted in article 55 of this law.
III. TO THOSE WHO RECEIVE A PENSION FROM A FOREIGN GOVERNMENT OR AN INTERNATIONAL ORGANISM OR A PRIVATE BUSINESS FOR SERVICES RENDERED WHICH IS SUFFICIENT TO PERMIT THEM TO LIVE IN MEXICO.
I qualify under condition III as do many of us here in México. In fact it would seem that many here who might be able to qualify for the old FM3 should be able to qualify
under condition III.
Am I reading this new law incorrectly?

The only new paper work which might be a problem is that of the VISA. As I read that part of the law it could be necessary for people like me to get a VISA from a Mexican consulate in the USA. This might be required because VISAS will be necessary for all countries except those where an agreement between Mexico and that country states that a VISA is not required. Until now Mexico did not require a VISA from a USA citizen, but who knows from now on? Hasta Luego, jerezano


Gringal

May 27, 2011, 7:48 AM

Post #31 of 77 (11015 views)

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Re: [Ric Hoffman] New Immigration law now in effect for Mexico

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My Spanish skills are limited, and my brain is stuck in the old system. Maybe someone smarter or more fluent will help me out here:

Our current FM2 visas expire June 30th and we have begun the process of renewal already. This is our third renewal. I am assuming we must kick along with the current system at this point since, as others have pointed out, they won't have the wrinkles out for months on the new law. Next year, I guess we'll be operating under the new law.

We own property in Mexico, which has lowered the income requirements under the current regulations. ?? under the new ones.

Here's the main question: We were looking forward to going through the next two renewals of our FM2's and then applying for Immigrado status after completing the five year requirement under FM2, and then not having to do a further yearly renewal process with its attendant time and money involved. After that, we may try for citizenship, or not. Don't know yet.

Under the new law.............what will happen to our status? Yearly renewal? What? I've read all the posts and I'm still confused.


Ric Hoffman


May 27, 2011, 8:05 AM

Post #32 of 77 (11005 views)

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Re: [stevebrtx] New Immigration law now in effect for Mexico

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In Reply To
I'll be at the 4 year mark this Oct, but I'll renew my "FM3" in Sept and wouldn't expect any change by then. However, I was trying to remember the FM2 requirements that prevent owning a foreign plated car, can anyone refresh my memory on that part? Of course that may change in the final regulations that will now be written.

IV. Por el plazo que dure su calidad migratoria, incluyendo sus prórrogas, en los siguientes casos:

a) Las de vehículos propiedad de extranjeros que se internen al país con calidad de inmigrantes rentistas o de no inmigrantes, excepto tratándose de refugiados y asilados políticos, siempre que se trate de un solo vehículo.




(This post was edited by Ric Hoffman on May 27, 2011, 8:18 AM)


stevebrtx

May 27, 2011, 8:11 AM

Post #33 of 77 (11002 views)

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Re: [Ric Hoffman] New Immigration law now in effect for Mexico

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Sorry, false start, I found what I needed on remaining "rentista" to keep foreign plates, of course that may change.


Ric Hoffman


May 27, 2011, 8:13 AM

Post #34 of 77 (11001 views)

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Re: [Gringal] New Immigration law now in effect for Mexico

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According to the transitory remarks, you will continue your process until completed and I would venture an educated guess that all current "No Inmigrante" and "Inmigrante" will not require any actions on our part until the current expiration date is reached and after the regulations and manuals implementing the new act are published.


(This post was edited by Ric Hoffman on May 27, 2011, 8:30 AM)


Rolly


May 27, 2011, 8:19 AM

Post #35 of 77 (10994 views)

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Re: [New Immigration law now in effect for Mexico

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I've read all the posts and I'm still confused.
Don't feel like the Lone Ranger. At this point there are far more questions than answers.
We'll just continue under the existing rules until the new one come on line.

Rolly Pirate


morgaine7


May 27, 2011, 8:23 AM

Post #36 of 77 (10984 views)

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Re: [Gringal] New Immigration law now in effect for Mexico

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I'm at exactly the same point, and I doubt we'll know the answers until the regulations are published. I'll be doing the third renewal of my Inmigrante status (formerly FM2) in October and hope they'll invite me to apply for Inmigrado status, but I'm not counting my chickens just yet.

While it's implied in the wording of the new law that FM3/No Inmigrante years will be counted toward the four-year temporary residence requirement, it's by no means certain. The fact that they're still showing No Inmigrante and Inmigrante statuses under the "temporary resident" category leads me to believe that rules will continue to be different for the two … otherwise, why bother maintaining the distinction?

Kate


Ric Hoffman


May 27, 2011, 8:28 AM

Post #37 of 77 (10981 views)

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Re: [stevebrtx] New Immigration law now in effect for Mexico

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In Reply To
Sorry, false start, I found what I needed on remaining "rentista" to keep foreign plates, of course that may change.


What did you find concerning remaining "Rentista"? Under the old system once you reached the expiration of your fourth Refrendo, you either applied for "Inmigrado" or applied for a new "No Inmigrante" visa. "Inmigrante" status was only granted for five years. The new Immigration act as published does not address temporary residents past a four year period.


stevebrtx

May 27, 2011, 8:45 AM

Post #38 of 77 (10966 views)

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Re: [Ric Hoffman] New Immigration law now in effect for Mexico

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I had forgot this forum has a search feature that actually works. I think the post was from Rolly when he went to change his status to "rentista" regarding foreign plated cars. But as everyone agrees, until they create the regs, nothing will change and we'll just see what the outcome is.

As a NOB pol said last year "we need to pass it to see what's in it" - and now we know what she meant, all the massive law did was provide a license for mid level, nameless, faceless bureaucrats to write the actual regulations, seems MX does much the same.


jerezano

May 27, 2011, 8:53 AM

Post #39 of 77 (10963 views)

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Re: [YucaLandia] New Immigration law now in effect for Mexico

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Hello all,

Please see my above post which quotes the new Immigration Law Article 54 and says, if my translation is correct, that any foreigner who receives a pension of any type (with sufficient funds) which allows him/her to live in Mexico can obtain a permanent resident permit.

As ever, jerezano


(This post was edited by jerezano on May 27, 2011, 9:03 AM)


Ric Hoffman


May 27, 2011, 9:04 AM

Post #40 of 77 (10948 views)

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Re: [jerezano] New Immigration law now in effect for Mexico

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The old standard was “and receive funds from abroad" with amounts indicated in multiples based on the daily wage in DF. Those multiples were 250 and 400 with an additional fifty percent per dependent. Home ownership discount of up to fifty percent was only applied for "Inmigrante". So this statement is not really anything new but may be used to lure annuitants if it not tied to the daily wage as before.


(This post was edited by Ric Hoffman on May 27, 2011, 9:20 AM)


jerezano

May 27, 2011, 11:11 AM

Post #41 of 77 (10898 views)

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Re: [Ric Hoffman] New Immigration law now in effect for Mexico

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Hello all,

Quote: So this statement is not really anything new but may be used to lure annuitants if it not tied to the daily wage as before. End quote

This is NEW in that a Permanent resident permit can be obtained if the foreigner qualifies with a pension providing sufficient funds as determined by Inmigración. Unless new regulations are developed that sufficient funds requirement will probably be the same as always with its annual changes. This new permission was NOT obtainable in the past.

There is no requirement for a time spent in México. There is no requirement for a point total. There is no requirement for a family tie. The new law states flatly that the ONLY requirement necessary is those sufficient funds.

But that new Visa requirement stated elsewhere worries me a little.

As ever, jerezano


arbon

May 27, 2011, 12:29 PM

Post #42 of 77 (10860 views)

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Re: [jerezano] New Immigration law now in effect for Mexico

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In Reply To
Hello all,

Quote: So this statement is not really anything new but may be used to lure annuitants if it not tied to the daily wage as before. End quote

This is NEW in that a Permanent resident permit can be obtained if the foreigner qualifies with a pension providing sufficient funds as determined by Inmigración. Unless new regulations are developed that sufficient funds requirement will probably be the same as always with its annual changes. This new permission was NOT obtainable in the past.

There is no requirement for a time spent in México. There is no requirement for a point total. There is no requirement for a family tie. The new law states flatly that the ONLY requirement necessary is those sufficient funds.

But that new Visa requirement stated elsewhere worries me a little.

As ever, jerezano


I think you have the correct idea jerezano, the point system in Canada was/is not for the two classes of immigrants that have sufficient funds.
~~~~~~~~~~~~~~~~~~~~~~~



Ric Hoffman


May 27, 2011, 1:06 PM

Post #43 of 77 (10849 views)

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Re: [jerezano] New Immigration law now in effect for Mexico

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Article 37 states the requirements for a foreigner to enter the country, one of which says you must have either a resident card (temporary or permanent) or a visa issued in accordance with Article 40. This requirement is basically the same as today, Tourist (FMM), No Inmigrante (FM-3), Inmigrante (FM-2) or Inmigrado card. If you are currently in Mexico, you should have one these.

Article 39 grants the Consular Offices again the authority to issue these visas and residence permits so in theory it may be possible to apply for a permanent resident card if the annual annuitant meets the requirement under Article 54 III. This option is a new addition to current law as far as I can find and I stand corrected for my previous statement to the contrary.

Article 59 lists the thirty day time limit to validate and register the cards issued by the Consular Offices at your servicing INM office.


(This post was edited by Ric Hoffman on May 27, 2011, 4:45 PM)


dongringo_catemaco


May 27, 2011, 5:07 PM

Post #44 of 77 (10790 views)

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Re: [morgaine7] New Immigration law now in effect for Mexico

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Please, please, Rolly, condense this crap into something worthwhile reading
Visit Catemaco News



Rolly


May 27, 2011, 5:17 PM

Post #45 of 77 (10788 views)

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Re: [dongringo_catemaco] New Immigration law now in effect for Mexico

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All this analysis of the law is of academic interest to some folks, but not to me.
The real meat will come with the regulations. I'll be very interested in that.
In the meantime, I'm content to wait.

Rolly Pirate


judithnpups


May 27, 2011, 6:15 PM

Post #46 of 77 (10765 views)

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Re: [rockydog85251] New Immigration law now in effect for Mexico

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Believe me, you don't want to be among the first people in line when the new system is implemented. Don't ask me how I know this.
Judith in the DF (formerly in Morelia)


Moisheh

May 27, 2011, 7:07 PM

Post #47 of 77 (10749 views)

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Re: [judithnpups] New Immigration law now in effect for Mexico

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Very confusing. I am getting ready to put my "points" on E-bay but would consider selling them to a forum member. Offers? Think BIG!! Paypal accepted.

Moisheh


richmx2


May 27, 2011, 11:17 PM

Post #48 of 77 (10709 views)

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Re: [Moisheh] New Immigration law now in effect for Mexico

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I don't think the points will affect the vast majority of gringo retiree type emigrants. Most countries that use a point system for immigrants use them to attract the kind of WORKERS they need: expect someone like a 30 year old agronomist to get a lot more points than a 65 year old pensioner. If nothing else, one expects the agronomist to be paying more taxes over his lifetime, and not as likely to use expensive social service resources for much longer. Some countries (including the United States) assess points for investors, based on the amount of money they are bringing into the country. A thirty year old agronomist who speaks Spanish and is investing a million dollars in a new food processing plant would probably be a shoe-in. A sixty-five year old English speaking pensioner is, I'm afraid, not all that much a social asset. and I can't see why they would expect to receive any points.


http://mexfiles.net
http://mexicobookpublishers.com


stevebrtx

May 28, 2011, 5:30 AM

Post #49 of 77 (10688 views)

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Re: [richmx2] New Immigration law now in effect for Mexico

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Sadly I'd have to agree that "socially" we're not much of an asset. However, I'd differ a bit when it comes to the amount of money we pump into the local economies of areas we frequent. If there were no expats on the N shore it would be dramatically different & poorer. Like it or not our community provides jobs for a lot of people.


tonynico

May 28, 2011, 5:36 PM

Post #50 of 77 (10587 views)

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Re: [Rolly] New Immigration law now in effect for Mexico

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I guess I will find out the hard way we will be applying for our FM3 in July. Maybe the changes will not go into effect by then.

Tony
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