Forums > General > Living, Working, Retiring

YucaLandia

Nov 8, 2012, 10:19 AM

Post #1 of 19 (9636 views)

Shortcut

Updated Mexican Immigration Rules

| Private Reply

Nov. 8, 2012 Update
Attorney Solomon Freimuth, a regular contributor to Yucalandia, offers some fine fine updates on the hot topic of how all the changes to the INM law affect visitors to Mexico, with special focus on important immigration issues for expats in Mexico.

Sr. Fremuth Reports:
SEGOB published some supporting regulations in the DOF today.
Actually, they published a bunch of supporting regulations today.
Here is a link to my takes on the part about getting Residency:
Living in Mexico – Non-working residency card (not an FM3/FM2)
I’ll publish more as I get the time to analyze and write, but for now if anyone wants to look at some of the new “lineamientos” they can do so here:
http://dof.gob.mx/nota_to_doc.php?codnota=5276968
http://dof.gob.mx/nota_to_doc.php?codnota=5276964

http://More details are available at Surviving Yucatan (Yucalandia) http:/...n-immigration-rules/

As we have the last 14 months, we will continue to publish the details and updates on the May 2012 INM law that affect both tourists and expats in Mexico.

Enjoy !
steve

(We've had extensive ongoing discussions on Yucalandia this past years via about 350 comments, and we are much relieved to be approaching the FINISH LINE !!!)
-
Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Nov 8, 2012, 10:20 AM)

sparks

Nov 8, 2012, 11:13 AM

Post #2 of 19 (9614 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

I hope ol' Solomon is way off on his numbers or lots of people won't make it

Sparks Mexico - Sparks Costalegre

YucaLandia

Nov 12, 2012, 12:20 AM

Post #3 of 19 (9162 views)

Shortcut

Re: [sparks] Updated Mexican Immigration Rules

| Private Reply

We've updated the information on living and visiting Mexico, as affected by the 2011 INM Law, its Reglamento and the Lineamientos at Surviving Yucatan.

A substantial set of details and instructions on:
~ How to Visit Mexico: Immigration, Importation, and Traveling with Children, and
~ How to apply for Residency in Mexico
~ How the new Immigration Rules fit with becoming a Naturalized Citizen and
~ Rights and Responsibilities of Residents and Naturalized Citizens in Mexico …

can be found at New Rules and Procedures for Immigration, Visiting, and Staying in Mexico
-
Read-on MacDuff
E-visit at http://yucalandia.com

DavidHF

Nov 12, 2012, 7:46 AM

Post #4 of 19 (9111 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

If I read correctly, I gather that a person already living in Mexico with a valid Inmigrante or No Inmigrante Credencial can apply on-line for the new Residente Temporal. Is this correct? Is it only newcomers that have to apply at their Consulate?

soulpatch

Nov 12, 2012, 8:31 AM

Post #5 of 19 (9090 views)

Shortcut

Re: [DavidHF] Updated Mexican Immigration Rules

| Private Reply

I have left messages on every mailbox at the San Diego Mexican consulate that I can think of..... also emailed anybody there that looks like they might have knowledge of the immigration process.

So, hurry up and wait, right!

YucaLandia

Nov 12, 2012, 8:39 AM

Post #6 of 19 (9084 views)

Shortcut

Re: [DavidHF] Updated Mexican Immigration Rules

| Private Reply

In Reply To

Correct, concise, and insightful, again.

Current INM Procedure: Visitors and tourists currently in Mexico, with no Consular permit to certify their application for Residency, must return home and apply for Residency in Mexico at their home country's Mexican consulate. Successful Residency applicants (at the Mexican Consulates) are given official special Visitante approval forms that authorize them to apply for Residency when they return to Mexico.
-
Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Nov 12, 2012, 8:44 AM)

DavidHF

Nov 12, 2012, 9:57 AM

Post #7 of 19 (9050 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

One more time: Those of us already here with a valid credencial need not head north.

La Isla

Nov 12, 2012, 10:57 AM

Post #8 of 19 (9026 views)

Shortcut

Re: [DavidHF] Updated Mexican Immigration Rules

| Private Reply

In Reply To

If I read correctly, I gather that a person already living in Mexico with a valid Inmigrante or No Inmigrante Credencial can apply on-line for the new Residente Temporal.

That's what I understand too. However, so far I've found no information about the application for process for someone in my situation: FM3/No Inmigrante with permission to work as a free-lance English teacher.

My Mexican Lawyer says this:

"If the original document was granted because of a job, the you will need to present proof that the job still exists by means of a letter printed on company letterhead that states how long you will be working for the company."

Since I work for myself, I wonder what sort of proof INM will ask for. I do pay taxes every month, so hopefully that will do the trick!

YucaLandia

Nov 12, 2012, 12:44 PM

Post #9 of 19 (8984 views)

Shortcut

Re: [DavidHF] Updated Mexican Immigration Rules

| Private Reply

A fun twist off of DavidHF's very good point:

14 months ago Surviving Yucatan reported that one clause in Article 54, Item III of the 2011 Law, says that foreigners with sufficient pension income (later established as greater than $31,165 pesos a month of regular deposits) qualifies an applicant for Residente Permanente.

We have remained silent on this issue for the past 14 months, because neither the Reglamento, nor the Lineamientos, or expat forum posters found anything to describe how this would work, other than adding a 4 year requirement of Residente Temporal.

A reliable Surviving Yucatan commentator bull-dogged this issue with his local INM office this morning, and he returned to report that:
"Went to Immigration in San Miguel (this morning). One officer said time on FM-3 did not count.
The Delegado said it did.

Here was a huge shocker and a good one… One year on a FM-2 or 3 and $2500 PENSION income and you can apply got Permanent Resident."

Hilarious !!! It appears that sufficient pension income may qualify foreigners for Residente Permanente, with one year of prior FM2 or FM3.

Devils in details, devils in details.

We are soliciting readers to track what their local INM Delegados are deciding on this:
1. ~ Are they approving Residente Permanente applications based solely on sufficient pension income?
2. ~ Are they adding a requirement of 1 or 2 years on a Residente Temporal first?
3. ~ Are they giving “credit” for 1 or 2 prior years on a current FM2 Inmigrante Rentista? (Immigrant Resident, Investment Income category) or
4. ~ Are they approving Residente Permanente applications only with 4 years of prior Residente Temporal AND sufficient pension income?

Since there are no clear directives we can find in the Reglamento or Lineamientos, this may be an issue that individual INM Regional Delegados decide, on an office by office basis.

If the latter is true, then it would be great to make a list of people's reports on how their individual INM offices are handling this fairly important issue.

Nice to see that this may be resolving in favor of foreigners, reducing the requirements for Residente Permanente, as we hoped/predicted 14 months ago?
steve

If this tickles your fancy, read more about the core issue and track ongoing reader reports at:
http://yucalandia.wordpress.com/...d-staying-in-mexico/ and
http://yucalandia.wordpress.com/...-mexico-the-article/
-
Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Nov 12, 2012, 1:00 PM)

YucaLandia

Nov 12, 2012, 12:58 PM

Post #10 of 19 (8973 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

Personally, I find it difficult to believe that a first time Visitor to Mexico could apply for Residente Permanente at their Mexican Consulate, and go to Mexico for their first time, trot into an INM office, and get Permanent Residency by just showing a passport, proof of a local address, a few ID fotos, and 6 bank statements and a letter from their pension fund documenting the pension... I would hope that one would need to show some evidence that they really do intend to become a Permanent Resident of Mexico, by at least living here.... but ... ???

I suspect INM officials will have the same reaction, and will supplement the income requirement with some previous residency requirement to demonstrate that the Permanent Residency application is credible and has been made in good faith.
-
Read-on MacDuff
E-visit at http://yucalandia.com

Ric Hoffman

Nov 12, 2012, 3:09 PM

Post #11 of 19 (8921 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

You should stop using total amounts when discussing income requirements it is easier to follow what Mexico uses for unit of measures - Daily Wage for DF. So the amount would be 500 X 62.00 (or current rate) = 31,000 monthly income under this example IV a.2.

There is nothing magical about that. He applied for Residente Permanente under Tramite 7, which lists several different ways for approval, one says:
IV. Presentar los documentos que acrediten alguno de los siguientes supuestos:
a. Jubilados o pensionados:
1. Original y copia de comprobante de inversiones o cuentas bancarias con saldo promedio mensual equivalente a veinticinco mil días de salario mínimo general vigente en el Distrito Federal, durante los últimos doce meses, o
2. Original y copia de los documentos que demuestren que cuenta con pensión con ingresos mensuales libres de gravámenes mayores al equivalente de quinientos días de salario mínimo general vigente en el Distrito Federal, durante los últimos seis meses.
His time spent as a FM3 or FM2 holder are not needed or considered under Tramite 7, frac IV a. 2.

I have been telling you since the law were passed to READ it and not try to tear it apart. KISS – Keep It Simple S…….. Too much information is just as bad as too little….. I have also sent PDF copies of all to Steve which are cut-n-paste enabled for his use. And yes the law says you can apply for Residente Permanente outside of Mexico and have it granted if you meet the qualifications.

(This post was edited by Ric Hoffman on Nov 12, 2012, 3:40 PM)

morgaine7

Nov 12, 2012, 4:08 PM

Post #12 of 19 (8888 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

Suggestion: There's a lot of potential for confusion resulting from misuse of the term "visa", which sites in English are still using to refer to the actual Residencia Temporal and Permanente cards. The INM, particularly in this set of documents, uses "visa" in a very specific way to refer to permits issued by consulates that allow entry into the country. A new person following Tramite 7, for example, gets a "visa de residente permanente" at a consulate, uses it to enter Mexico, completes the process within the allotted time, and is issued a "tarjeta de residente permanente". Granted, that's a mouthful, but something like "immigration ID" or "residence card" as a generic term for the latter would be more clear and accurate than "visa".

Kate

arbon

Nov 12, 2012, 5:12 PM

Post #13 of 19 (8857 views)

Shortcut

Re: [morgaine7] Updated Mexican Immigration Rules

Kate "There's a lot of potential for confusion resulting from misuse of the term "visa", which sites in English"

¿ Don't you think "ticket" would work in English?
~~~~~~~~~~~~~~~~~~~~~~~

morgaine7

Nov 12, 2012, 5:21 PM

Post #14 of 19 (8848 views)

Shortcut

Re: [arbon] Updated Mexican Immigration Rules

| Private Reply

Mmmmm, could get confusing in Spanish, though. In my town, "ticket" (TEE-ket) is the receipt you get when you don't need a factura. Smile

Ric Hoffman

Nov 13, 2012, 7:37 AM

Post #15 of 19 (8745 views)

Shortcut

Re: [Ric Hoffman] Updated Mexican Immigration Rules

| Private Reply

The DOF publication provides an Acuerdo (an operational agreement), two Lineamientos (guidelines) and one circular for this INM and SEGOB update. However, the individual requirements are the same. The ACUERDO por el que se emiten las Normas para el funcionamiento de las Estaciones Migratorias y Estancias Provisionales del Instituto Nacional de Migración (pages 113-125), is not relevant to us. The first LINEAMIENTOS generales para la expedición de visas que emiten las secretarías de Gobernación y de Relaciones Exteriores (pages 126-158), is for the Consulate's use. The second is for INM's use, LINEAMIENTOS para trámites y procedimientos migratorios (pages 159-224). And finally CIRCULAR referente a los documentos migratorios y los formatos de solicitud de trámite y estadísticos del Instituto Nacional de Migración (pages 226-266) has updated cards, forms and instructions.

Since he was already the equivalent to a Residente Temporal he actually applied under:

Artículo 44. Ficha del trámite para cambio de condición de estancia en la modalidad, de residente
temporal a residente permanente:
5. En el caso de pensionados o jubilados deberán presentar:
a) Original y copia de comprobante de inversiones o cuentas bancarias con saldo promedio mensual equivalente a veinticinco mil días de salario mínimo general vigente en el Distrito Federal durante los últimos doce meses, o
b) Original y copia de los documentos que demuestren que cuenta con ingresos o pensión mensual libre de gravámenes equivalente a quinientos días de salario mínimo general vigente en el Distrito Federal, durante los últimos seis meses, y

(This post was edited by Ric Hoffman on Nov 13, 2012, 7:42 AM)

YucaLandia

Nov 14, 2012, 5:07 PM

Post #16 of 19 (8538 views)

Shortcut

Re: [Ric Hoffman] Updated Mexican Immigration Rules

| Private Reply

We've been getting some very good first-hand, detailed reports from talented experienced readers who are currently applying for their new INM Residency permits (Tarjetas de Residencia) over at Yucalandia: Surviving Yucatan

http://yucalandia.wordpress.com/...-resident-questions/

In some tasty twists, the INM Hotline is now giving consistent answers about the requirements for changing from current FM3/FM2 permits over to the new Residente Permanente permit. The consistent reply is that any combination of FM2/FM3/Residente Temporal years that add up to 4 total years DO qualify the applicant for a Residente Permanente Tarjeta de Residencia .

Our reader reports that there are also different requirements for Rentista Lucrativo FM2/FM3's vs Rentista No Lucrativo FM2/FM3 permit holders, which might explain why some applicants are being required to show bank statements and others are not.

There are also some fun twists and turns saying that local INM offices no longer do the final reviews of applicants files, and local offices are no longer printing nor laminating the Tarjetas de Residencia, as these tasks have been shifted to an INM office in the DF. Imagine what might happen if the final reviews in DF overturn some of the variations reported about local/regional INM office requirements???

Fun fun fun, as things evolve, revolve, and resolve,
steve
-
Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Nov 14, 2012, 5:12 PM)

morgaine7

Nov 14, 2012, 5:23 PM

Post #17 of 19 (8525 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

Quote

There are also some fun twists and turns saying that local INM offices no longer do the final reviews of applicants files, and local offices are no longer printing nor laminating the Tarjetas de Residencia, as these tasks have been shifted to an INM office in the DF. Imagine what might happen if the final reviews in DF overturn some of the variations reported about local/regional INM office requirements???

The DOF published another SEGOB/immigration document yesterday. It's a Word file:
http://www.dof.gob.mx/....php?codnota=5277358
It looks like a "who does what" list, assigning authority over the resolution of specified transactions and so on. Someone who knows the workings of the INM may be able to interpret the general implications, if any.

Kate

tashby

Nov 14, 2012, 5:25 PM

Post #18 of 19 (8523 views)

Shortcut

Re: [YucaLandia] Updated Mexican Immigration Rules

| Private Reply

Gawd. Why do I feel like I'm watching breathless election night returns all over again?

Reporter X: "These initial returns just in from Mérida indicate..."
Reporter Y: "Interesting Esteban, our exit-poll data from the Zona Metropolitana de Guadalajara are trending in a completely different direction...."

Thanks to all of you guys for trying to determine what's going on. I am so glad my ticket (TEEH-ket) doesn't get punched until April. In the mean time, good luck everyone!

Ric Hoffman

Nov 14, 2012, 5:37 PM

Post #19 of 19 (8515 views)

Shortcut

Re: [morgaine7] Updated Mexican Immigration Rules

| Private Reply

This looks like DF is granting the sub delegations the authority to grant waivers or exceptions on either a geographical or case by case basis.

I had just hung up a call with the toll free number when I saw the new link. I had poised a question concerning the FM3 Visitante Rentisia non working years and the answer I was given was to contact the local office during normal business hours for an individual answer.

(This post was edited by Ric Hoffman on Nov 14, 2012, 5:38 PM)