IMMIGRATION RULES 2012

INTRODUCTION.

At the beginning of his mandate the President of México, Licenciado FELIPE DE JESÚS
CALDERÓN HINOJOSA, send to the legislators a request to have new Immigration rules.
Legislators worked hard to write a new Immigration Law which would indicate with clarity
the powers of immigration officers, thus removing much of the discretionary powers, provide
human rights guarantees to all who enter Mexico be it legally or illegally, foreigner or Mexican
and be in accordance with the international conventions and treaties and, the dispositions in
the country´s Carta Magna.

As with any complicated legislation many months of discussions and writing where done so as
to not only implement new rules but also to abolish and modify other laws and By-Laws which
have a relation with the Immigration law and By-Law.1

On May 25th 2011 the new Law called “Ley de Migracion” (Immigration Law) was published in
the Federal Official Gazette of the Federation called “Diario Oficial de la Federación”; normally
legislation which is published in said Gazette become Law 30 days after the date of publication
but only if the “Reglamentos” (By-Law) are in effect; because of this, part of the new Law could
not enter in effect on June 25th and are still inoperative until November 11th of 2012.

It took many months before the By-Laws would be approved by the Federal Congress and
Senate and signed by the president, on September 28th of 2012 the new By-Laws where
published, in its wisdom the legislators decided that they would produce effects only on
November 11th 2012 date that will enter also in effect the new Immigration Law.

CHAPTER 1.- NEW TERMS OF IMMIGRATION PAPERS.

VISA: This document is necessary for natives of countries with which one has signed an
agreement of suppression of visas or which are not needed of visa by virtue of a unilateral
decision assumed by the Mexico;2 Canada and the United States of America have an agreement
thus their citizens do not need a VISA.3. Six types of Visas are expedited: Visitor without
permission to work, Visitor with permission to get remunerated for work, Visitor to realize an
adoption, Visitor with temporary residence, Visitor with temporary residence to study, Visitor

1 The general de Law population, Penal federal code, Federal code of penal procedures, Federal Law against the organized delinquency,
Law of the federal police, Law of religious associations and public worship, Law of foreign investment, and the General Law of tourism.

The procedure and requirements to obtain a Visa at a Mexican Consulate or Embassy are listed at Article 102 to and including 110 of the By-
Law (Reglamento de la Ley de Migracion). The procedure to obtain a visa at an Immigration office in Mexico is indicated at Article 114 to and
including 114 of the mentioned By-Law .

2

3 Article 39 of the Immigration Law .

with permanent residence.4

Notes:

A) Any foreigner who has a criminal record will most likely be refused said visa.

B) The Visa does not permit one to enter Mexico, each person at point of entry must fill out an
FMM.

C) The person requesting a Visa must do it personally except in the case of a person who is
going to work in Mexico or for humanitarian reasons5.

The FMM (Migratory Multiple Form), which replaced the old “tourist visa”, started to be used
last year, contrary to the old one this document can not be renewed for more than 180 days.
Foreigners who enter Mexico as tourist are given a maximum of 180 days; other time limits
are applied for other activities which will be discussed more precisely in a subsequent Chapter.
When the time limit as expired one MUST exit the Mexican territory.

The old FM-3 in its book disappeared and was replaced by an ID card format called “NO
INMIGRADO” (Non Immigrant) this is now called “RESIDENTE TEMPORAL” (Temporary
Resident) and its life time has been extended, one can now ask for a one, two, three or 4 year
permit. The holder of such permit will be able to be remunerated for work if he was offered a
job. The new Law stipulates that his children, wife or concubine (must be of different gender),
parents who also will be able to work and be able to enter their movable goods as per the
laws governing such movements.6 At the end of the term one can request a “RESIDENTE
PERMANENTE” (Permanent Resident) permit, the request will be studied and if the holder
meets the requirement he or she will be awarded the permit otherwise he or she will have to
exit the country.

A second “RESIDENTE TEMPORAL” is now available for persons who want to study in Mexico,
it is called “RESIDENTE TEMPORAL ESTUDIANTE” (Student as Temporary Resident), certain
restrictions apply so does the presentation of documents and there is a possibility for the
student to work7.

The old FM-2 in its book form disappeared and was replaced by an ID card format
called “INMIGRANTE” (Immigrant) this is now called “RESIDENTE PERMANENTE” (Permanent
Resident), this permits the holder to live in Mexico as a permanent resident with the Right to
work for remuneration. The faculties of importing movable goods are possible and not only the
persons listed in article 52. VII. will be able to be with the holder of the permit but also brothers

4 Article 40 of the Immigration Law . the procedure and requirements to obtain a Visa are listed at Article 102 to and including 110 of the By-
Law (Reglamento de la Ley de Migracion).

5 Article 41 and 127. of the Immigration Law.

6

Art. 52. VII. of the Immigration Law .

7

Art. 52. VIII of the Immigration Law .

and sisters who are minors and not married8.

“INMIGRATO” status (Landed Immigrant) was in a book form then changed to an ID card
format; with the new Law this status has disappeared. Each person who is now a landed
Immigrant will become a permanent resident (RESIDENTE PERMANENTE).

CHAPTER 2.- ENTERING MEXICO.

Mexicans: One must present proof of citizenship, be a passport, IFE ID Card, certified copy of Birth
Certificate, Naturalization Card, Certificate of consular matriculation, Certificate of Mexican nationality
or any ID card with photo emitted by the Mexican government such as the most popular ID card which
is called IFE; in the case the person does not have proof of Mexican citizenship the person will be
interviewed, said duration of the interview cannot be more than 4 hours. 9

Foreigners: One must present to the Immigration officer at point of entry his passport or an ID with a
document of trip recognized by the International Law in effect, in the case of a person who required a
Visa it must also be presented along with an FMM duly filled out and his passport. In the event that the
person has a Mexican Immigration permit (Residente temporal or Residente Permanente) or any other
document emitted by the Mexican Institute of the Immigration officer at point of entry Immigration said
document must be presented; Visas are not required in the case of a person claiming Refugee status but
it must be declared by the person who is entering Mexico, Crew members, person who are workers at
the border and persons who are entering with an exit /entry permit.

The FMM is emitted to all foreigners who are visiting Mexico as tourists, they are permitted to be in the
country for up to 180 days; other activities can be allowed under such document such as Minister of
Cult or Religious Associate and Correspondent, Student, Visitor with lucrative activities as a Professional,
Counselor, Artist, sportsperson, Management, Scientist, Technician or scientist, Member of a
cooperative, Visitor with non lucrative activities as a business person or others. Human Rights observer,
10 days maximum; one who is in transit or as a Provisional visitor: 30 days, Local visitor: 3 days; Visitor
to know about electoral process, for the duration of the election process as the document emitted by
the electoral organization.

The FMM as price, said price is included in the airline ticket or paid at the entry time or at the Mexican
consulate or at any bank, the cost is set depending of the activity. The foreigner must fill out the FMM
and sign it. At entry point of the country must answer and present the information that the Immigration
authority is asking.

Mexico is a land of transients, people who dream of a better life in the United States of America
come from all the countries south of Mexico thus the new Law established with clarity the
Rights and Obligations of not only the migrant but also of the Immigration officers. 10

CHAPTER 3.- IN MEXICO.

8 Art., 55. of the Immigration Law .

9

Article 36.IV. of the Immigration Law .

10

Article 66. to and including 76. of the new Law.

Applying for a “RESIDENTE TEMPORAL” (Temporary Resident) or a “RESIDENTE PERMANENTE”
(Permanent Resident) permit will be done using the internet. Passport and the Mexican
immigration permit and or visa must be presented at the time of presenting the request plus
payment, at a Mexican bank, of the government fees.

To be able to qualify for the Temporary Resident permit one must fulfill one of several
conditions which are enumerated at 138. of the By-Law:

A) Have link with Mexican or foreign resident temporary or permanent person, in
conformity with the hypotheses of familiar(family) unit in terms(ends) of the foreseen in
the articles 55 and 56 of the Law;
B) Invited to work,
C) Be registered as a tax payer, holding an RFC (Federal registry of who contributes).
D) Be invited by an organization or of an institution public or deprived of recognized
honesty established in the national territory, to take part in some activity for the one
that does not perceive income in the national territory.
E) Have economic solvency to cover the amount of the expenses of housing and
subsistence during his or her stay in the national territory;
F) Be an owner of a real estate property with value equivalent to the amounts foreseen
in the administrative regulations of general character that are issued by the Secretary
which will be published in the Official Diary of the Federation,
G) Have inversions in México consisting in:
i.- Participation in the social capital of Mexican mercantile Societies,
ii.- Personal movable goods or fixed assets used for economic or managerial
purposes.
iii.- Development of economic or managerial activities in the national territory of

Notes: A) The above requirements are subject to evaluation by the Authority which will be
published in the official daily federal gazette.
B) The renewal of the permit must be done in within 30 days from the expiry
date.11
C) When one has permission to work the permit will be valid only during the time
the employment last.
D) Children under the age of 3 can only have a Temporary Resident permit for a
period of one year.
E) In the event that the permit expires while the foreigner is out of Mexico he will
be able to enter Mexico with the expired document as long as it is within 55 days
from the expiry date, no sanctions will be applied and the foreigner will have to
renew his or her permit in within 5 days of his return.

11

Third paragraph of article 156.of the By-Law.

To be able to qualify for the Permanent Resident permit one must fulfill one of several
conditions which are enumerated at 139. of the By-Law:

1.- Be recognized by law as a refugee.

2.- Have link with Mexican or foreign permanent person, in conformity with the hypotheses of
familiar(family) unit in terms(ends) of the foreseen in the articles 55 of the Law.

3.- Be pensioned or pensioner with monthly sufficient income for his or her subsistence during
his or her stay in the national territory;

4.- Enters in the categories and the minimal points needed by system of points, in conformity
with the administrative dispositions of general character that issues the Secretary which be
published in the Official Diary of the Federation.

5.- To hold migratory regular situation for four consecutive years, in case of the Temporary
Resident permit holder.

6.- To have kinship on a straight ascending or descending line up to the second degree with
born Mexican.

7.- To have migratory regular situation for two consecutive years as a Temporary Resident,
when said permit was granted because of been married or living with a concubine or equivalent
form with a Mexican or Permanent Resident and that the relation is active.

Note: A) The above requirements are subject to evaluation by the Authority which will be
published in the official daily federal gazette.
B) The point system is not as of this date known thus the writer can not elaborate on
at this time on this new system to qualify a person as a candidate for an
Permanent Resident permit.

CHAPTER 4.- INSPECTION BY OFFICERS AND RIGHTS OF THE MIGRANT DURING DETENTION.

Immigration officers and the Federal police have the power of asking anyone, anywhere in the
territory to prove is legal status these powers are set in the Law and must be followed by the
officers, not by interpretation of words but by the real meaning of the letter of the law so as
to respect not only the law but to also respect the Civil Rights of the person who is inspected
or verified. The detainee must have be given legal counseling, food, medical services, men and
women must be in separated places and children to be with the mother (preference) or father
or companion, except in case that it is preferable for the child to be separated from adults;
recreation space must be provided and permit that the detainee has visits. 12

12

Article 106. to and including 110 of the new Law.

The resolution indicating the situation and the decision of Immigration must be emitted in
within 15 days from the date the foreigner presented himself and the same time frame applies
to the time one can be detained at an Immigration office unless there are reasons to continue
the holding of the foreigner, said reasons are indicated in the Law and the maximum time is 60
days unless there are reasons to detain for a longer period.13

CHAPTER 5.- EXIT AND ENTRY PERMIT PLUS EDUCATIONAL AND MEDICAL SERVICES.

The exit and entry permit will have a term of 60 natural days and cannot be renewed. 14

The Immigration Law provides to migrants Rights to education and free medical services
equivalent as to what is available to Mexicans.15

CHAPTER 6.- CONVERSION FROM THE PRESENT PERMIT TO THE NEW ONE-

Every foreigner who has a valid permit can 30 days within the expiry date ask for a new permit
but the new rules will apply.

CONCLUSION

The new Immigration Law and its By-Law removes the discretionary powers from the personal
working in the Immigration Institut thus providing guarantees to any migrant in the Mexican
territory; it protects the family unit which is a very important part of the traditions in Mexico
and respect the international treaties and conventions while making sure that the foreign
person who wants to live in Mexico does not become a burden for the society.

NOTE: FOR ADDITIONAL INFO ON THIS SUBJECT OR ANY OTHER LEGAL SITUATION PLEASE
CONTACT THE AUTOR AT:

can-am-mex-law-firm@hotmail.com or by phone at 011 52 1 612 348-9793

LIC. JACQUES-EDOUARD BEAULNE, LL.B.

13

Article 111. of the new Law.

14

Article 161. In fine of the new By-Law.

15

Article 8. of the new Law.