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Immigration status rules
Due to many requests regarding what a foreigner must have to be able to live in
or visit
Mexico so as not to have any problems with immigration and because of many who
take
advantage of people by telling them what they must have I would like to set the
record
straight as per the law. Foreigners who's nationality permits them to enter
Mexico
without a VISA issued from a Mexican consulate or Embassy only have to acquire
an
FMM which replaces the old “FMT” commonly known as a “Tourist Card”.
Said document is available at immigration offices either at the border or
anywhere in
the country or his supplied by the air or sea carrier. Said document provides
one to visit
as a tourist, or have activities such as work, sport or artistic for a maximum
duration of
180 days, other activities have less time. For the purpose of this article we
will limit the
activities to said four. As per the new rules at the termination of the days
written on the
FMM by the immigration officer one must exit the country.
Note: According to the new rule if one is outside of Mexico and wants to
immigrate
one must present himself to a Mexican consulate or Embassy and request a Visa;
said
Visa does not premit the person to enter Mexico and one must fill out an FMM at
point
of entry and present both documents to the immigration officer. Once in the
country the
holder of the Visa and FMM must present himself to any immigration office to
request
the “Inmigrante” status (FM.2). This been said the following applies:
In the event that one wants to be in Mexico for more than 180 continuous days
one
must request one of the following:
A) FM-3, to be known in the future as ““No inmigrante” (Non inmigrant)
permit:
a) Said document is now in an ID card format and can be issued for up to
365 days.
One can be abled to carry out activities while he is in the country, said
b)
activities will be indicated on the card.
One can not renew this form unless one is in the country.
c)
d) One must fill out a form on the internet, present it along with the
required documents including photos, pay government fees and once it is
approved sign and give fingerprints on a form and on the ID card.
e) One can enter and leave Mexico as many times as one wants with this
permit and one is not required to spend any minimum amount of time in
Mexico.
One must present the ID card upon leaving and entering Mexico and
f)
one must fill in an FMM when entering Mexico and present it to the
immigration officer at point of entry who will not put any number of
days on the FMM.
g) After 5 years one can continue to be under the “No Inmigrante” status.
h) At any time while one holds a “No Inmigrante” status one can request a
change to “Inmigrante” status commonly known as FM-2.
i) One must carry this ID card on him / her all the time.
j) One does not need this status to acquire real estate property or start a
business (Since the change in immigration rules the Federal and State
Tax dept., request this immigration status or the following one.
k) ONE DOES NOT NEED AN “No Inmigrante” status (FM-3) IF ONE
HAS REAL ESTATE PROPERTY OR TIME SHARE OR WORK.
l) ONE NEEDS THIS STATUS ONLY IF ONE IS IN THE COUNTRY
FOR MORE THAN 180 CONTINUOUS DAYS.
B) FM-2, to be known in the future as “Inmigrante” (Immigrant) permit:
a) Applies a), b), c), d), f), i) of A) .
b) One does not need to have had previously the “No inmigrante” status
(FM-3).
One must prove to immigration that one actually immigrated to Mexico.
c)
d) One must be in Mexico for no less than 3 out of 5 years.
e) One does not need to have this status if one as real estate property or
time share but it is recommended so as to be considered under article
109.XV of the Federal income tax law regarding taxes at time of selling
(Capital gain tax) so as to eliminate or reduce the amount of tax to be
paid.
During the last 6 month of the 4th year with an “inmigrante” permit one
f)
has two choices:
i) Apply for the landed immigrant status (Inmigrado) or
ii) Apply for citizenship.
“Inmigrado” (landed immigrant) status:
C)
a) One must apply during the last 6 months of the fourht year of
the “Inmigrante” (Immigrant) permit.
b) One must fill out a form on the internet, present it along with the required
documents, pay government fees. If not done during the indicated period
one must request that is case be regulated.
c) One can request this at time that one is outside of Mexico but the
application will not be processed until his return and one has 15 days to
do so after his return.
The process is done at immigration offices in Mexico City.
d)
e) Government fees apply.
f) One can do any legal activity but can be restricted by the immigration
authority one can not continue under this status if one lives outside of
Mexico for more than 3 continuous year same if in a period of 10 years
one spends more than 5 outside of the Country.
“Naturalizacion” Mexican nationality:
D)
a) One must apply during the last 6 months of the fourth year of the
“Inmigrante” (Immigrant) permit.
The process is done at the Secretary of External Relations (SRE).
b)
c) The dossier is first studied by immigration in Mexico City, if
recommended one obtains the “CARTA de NATURALIZACION”
(Letter of Naturalization).
d) One must be able to converse in Spanish.
e) If one is less than 60 years of age one must pass an exam, if one is over
the magic number of 60 one does not requested to pass an exam. If one
fails one can do it again.
Government fees are to be paid.
f)
g) Contrary to info on internet one does not loose his former nationality
(there are exception to this rule but do not apply to Americans or
Canadians). One who is Mexican by naturalization renounces to his
former nationality while in Mexico only.
If one has married a Mexican national, has child born in Mexico or
h)
adopted a Mexican child one can apply for this status after 2 years
holding an “Inmigrante” status FM-2.
Important things to remember: Immigration officers have only one job: Make
sure everyone in the country entered legally and has legal immigration status as
per
the law while in the country. This is what their job is nothing more, if a
foreigner
has problems under any other laws immigration can not request or order you to
leave the country, they can only verify if you are legal in the country. Any one
who
is convicted of any crime will be deported once he served his time in jail as
per the
Judge´s decision, one who comes to Mexico to hide from the law will be processed
in front of a Penal Tribunal and a Judge will order the removal of the
individual
from the Mexican territory and handed over to the authority in the foreign land.
Article 33 of the Mexican Constitution can not be applied lightly, due process
of
law must be done. If you are asked money or any other favors by any authority
you
must report this to the complaint department in Mexico city with proof. In
Mexico
you can tape a conversation without having to inform the person that you are
taping
him and use it as proof. At any time you are called in to render a declaration
you are
protected by the Constitution and an official translator must be supplied. Never
sign
document(s) if you do not understand fully what is written.
If one needs precisions or more information please feel free to send me a note
at:
can-am-mex-law-firm@hotmail.com
Lic. JACQUES-EDOUARD BEAULNE, LL.B.
Lawyer in Mexico, Ced. Prof. Estatal 0086.
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