"New Immigration Regulations"

[V]

This post makes reference to those regulations that were published May 25, 2011: they make interesting reading..., and here are some of my observations....

Like many things touted as "new," these regulations appear to me to largely resemble the former regulations, but some things do jump out at me.

The categories of visas, and migratory documents I mention here are not the complete list; they are just the ones in which the readers may be most often interested. The reader should bear in mind that the following has yet to be implemented in the offices of INM across the country as it requires orientation and retraining of staff in the new regulations, among other things. Implementation will not begin until near year's end, as I understand it, at the earliest.

Visas

Passport holders from those countries with which Mexico has treaties allowing visa free entry/exit will continue to have that privilege, with stays of up to 180 days. There are multiple purposes for which you may enter for the 180 days, including non-remunerative activities (travel), and remunerative activities (business), just as before. [Keep in mind, visas are documents issued by embassies and consulates: those documents issued within the country by INM are migratory documents, and examples of the later are FM2/3s.]

Visas can be applied for, and obtained, outside Mexico, in such categories as, "Visitor without permission to engage in remunerative activities", "Visitor with permission to engage in remunerative activities", and "Temporary Student", all with a validity of 180 days; "Temporary Resident", with or without permission to engage in remunerative activities, with a right to enter and stay for up to four years; and, "Permanent Resident".

Interesting to me is the fact that both the "Temporary Resident" and "Permanent Resident" visas carry with them the right to bring family members with you, including your spouse, your children, your concubine (if you have one as recognized under Mexican Law), and your mother and father; and, like you, they can ask for, and receive, permission to work.

Migratory Documents

To avoid confusing the reader, this would be a good time to comment further on the subject of migratory documents. The terminology, FM3 and FM2, referring to certain migratory documents, was part of the former regulations: it's possible this designation will be retained under the new regulations, but no where in the new regulations do I see use of this terminology, so it may go.

An FM3 was permission to reside in Mexico temporarily, and said so on the back of the card. The change worth noting is that "Temporary Resident" documentation will now be issued with a right to remain in the country for up to four years, rather than one. This is in keeping with a speech given by President Calderon in which he expressed dismay that people who wanted to live lawfully in Mexico, long term, had to go through a cumbersome and expensive, annual renewal process.

An FM2 was permission to reside in Mexico permanently, and said so on the back of the card, though it too had to be renewed annually, so it was hardly permanent, in reality. When it comes to the "Permanent Resident" status under the new regulations, this is where some really interesting changes are made: permanent now appears to really mean permanent, and the criteria for obtaining this status have been greatly liberalized. (The old status of "Inmigrado" appears to have been eliminated.)
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Here are some of the ways you can move to "Permanent Resident" status under the terms of the new regulations: notice that 2,3, and 4, have no requirement to spend time in "Temporary Resident" status, prior to applying for "Permanent Resident" status.

1) you have spent four years in a "Temporary Resident" status*;
2) you have children born in Mexico;
3) you are a retiree with a pension from a foreign government, foreign organization or company, and it provides enough income to sustain you in Mexico;
4) you are qualified for "Permanent Resident" status, on the basis of a point system (to be established).

The big changes are that a retiree can go immediately to "Permanent Resident" status, as can those who qualify on a point basis, and never have to renew, again!

The point system to be established will, at a minimum, take into account the following: educational attainment; work experience; special aptitudes for the development of science and technology; "international knowledge" [not defined further], and aptitudes for the development of activities that Mexico requires. I suspect it will also include extra points for financial resources, including ownership of property in Mexico, though this is not spelled out.

"Permanent Resident" status will carry with it a right to apply for permission to perform remunerative work, something the former "Inmigrante" (FM2) required, but "Inmigrado" status did not.

The new regulations make it clear that foreigners have the right, without regard to their migratory status, to open bank accounts in Mexico.

Those holding migratory documents have 90 days in which to notify INM of any change in their nationality, marital status, address within the country, or place or type of work performed. This is more liberal than the former regulations, which gave just 30 days to make these reports to INM.

On the whole, the changes made appear to be in a very positive direction, and I look forward to seeing the actual implementation!

Merry/Happy Christmas, perhaps???

Well, perhaps not altogether. There are some rules that, if implemented, could prove disruptive in the short run for many- psychologically, if not otherwise. These rules, called "transitional" in the law, involve reclassifying some of those who now hold FM3s or FM2s.

For some, this may be, or seem to be, an advantage; for others, a disadvantage. It will, at least, make the task a little harder for the staff at INM, trying to explain what's happening, and why, to all those who already have migratory documents.

I'll try to go into it in more depth, next post; or, if you wish, you can read the link, below, near the end of the document, entitled, "Transitorios": look for "Sexto".

For more of the details, click here DOF - Diario Oficial de la Federación


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*The issue I have (which may be answered somewhere in the 29 or so pages of the text!) is to what extent people will be given "credit for time served" in the earlier categories of migratory documents, once the new regulations are fully implemented. I'm hopeful they'll count it all, for those to whom it matters.

With the more liberal rules relating to "Permanent Resident" status, and the possibility of applying directly for it, without any preliminaries, I'm hopeful of qualifying for that, under the new rules, and escape having to go through annual renewals, as I now have to do.
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[davisod]

Thanks for taking the time to not only research the information, but to present it in an easy to read way. I'll be needing to renew my FM3 by March, and I want to start teaching English at the college level, so it looks like it'll be a 4-year FM3 renewal (woo-hoo!) AND a faster, easier way to get through the Mx. employment regulations. I could be one happy Canadian snowbird soon!

[V]

Thanks, Davi. The "transitional rules" that I mentioned earlier can cause confusion in the following way: they reclassify people who now hold immigration documents according to a formula set out in, "Transitorios, Sexto", a part of the new regulations. This will be a little distressing for some of us, as it will require us to reapply for the new documentation, using the categories and criteria applied for their issuance.

Here, again, are the new categories: "Visitor without permission to engage in remunerative activities", "Visitor with permission to engage in remunerative activities", and "Temporary Student", all with a validity of 180 days; "Temporary Resident", with or without permission to engage in remunerative activities, valid for four years; and, "Permanent Resident".

To give examples, under the transitional rules, a person on an FM3, whether they have permission to work or not, will be reclassified to, "Visitor without permission to engage in remunerative activities". This will force them to go to immigration to get reclassified under the new system.

For many, the forced changes will represent an improvement in their status "in country". For example, those who are retirees, and have been classified as "Visitante Rentista" will be able to apply for Permanent Resident, relying on the same documentation they have used before and, under the new rules, never having to apply for a renewal. Who could object to that? Others of those who held FM3s (with or without permission to work), will be applying for "Temporary Resident (with, or without permission to work)"; but, the new document will be good for four years! Again, not a bad trade!

Most who now hold FM2s will also find themselves reclassified to "Temporary Resident"; some will have the option of applying for Permanent Resident under the criteria I mentioned in the first post, but others will be stuck in their new classification and will not be so happy, aside from the fact that their new documentation will not require renewal for four years!

INM staff will go nuts trying to deal with irate customers who won't understand why they are losing the status they've had, in country, for years, in some cases; but, change will occur. The exact details remain to be worked out, and remain to be seen!


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The above scenario represents my understanding of the new regulations, as published in May this year, and a way in which they may be applied, in practice: the regulations are subject to change, and the interpretation subject to human error. None of the proposed changes has yet been implemented and will not, therefore, affect renewals, or issuance of original immigration documents that occur prior to implementation.
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[V]

So, why is Mexico making the changes we've talked about?

I can see three, main reasons for it, 1) to reduce the disparate treatment of applications for immigration documentation that existed across the country; for example, in which one state required four renewals of an FM3 before allowing one to apply for an FM2, while others allowed applicants to go directly to FM2; 2) to make the process less expensive and less burdensome to those who wish to live legally, in Mexico; and, 3) to harmonize Mexican Immigration Law with world standards. Many of you will have heard of the point system for Permanent Resident status used in some highly developed countries, now Mexico is adopting a similar approach.

I mentioned on another thread that one of the criteria we employed in choosing Mexico from a list of places we considered relocating, was the cost and complexity of the immigration process: Mexico came out high on this test. Now, it will be even better!

[V]

It's a pity, but like any new law, there seem to be some sections which say, or imply, somewhat contradictory things. For example, at one point in the 29 pages of immigration law it says that Permanent Residents may work (making it similar in this respect to the old Inmigrado status); in another section it says Permanent Residents may seek permission to work, making it more like the former FM2.

Also, I've suggested on this thread, that it may be possible to change your status, in country, after you get reclassified in accordance with Transitorios, Sexto. However, Article 53, says that those who are reclassified to Visitor status- most of those who now hold FM3s- cannot change their status in country, and must leave within 180 days. What is odd about it, although it appears on its face to have general application to all who are reclassified to Visitor, is that it is placed within the part of the law dealing with Permanent Resident status! Perhaps the drafters meant to limit its application to those who wish to go from their reclassified "Visitor" status, directly to Permanent Resident, but it would seem a bit odd to me to apply it only to that class of applicants.

As the new laws and associated regulations get closer to implementation, questions like these will be addressed, and clarified.

[T.J.]

My head and eyes hurt.

[V]

My head and eyes hurt.

(Uh, oh, T.J. must have clicked on the link to the 29 pages of new INM law.)

First, take your aspirin and put in your eye drops- then, you'll be able to better appreciate that, once you've applied for and gotten your Permanent Resident status, you'll never have to visit the INM offices, ever again!

No, more, re-new-als!!

[T.J.]

Well V, I hope they are doing this when my FM3 is expiring at the end of Oct. Of course I have a trip to the states planned in Nov so will probably have to get that darn last minute letter again.

[Gringation]

Originally Posted by V

once you've applied for and gotten your Permanent Resident status, you'll never have to visit the INM offices, ever again!

No, more, re-new-als!!

For reals?? That's the best news I've heard in a long time!

[V]

Hi, G., the news is not that bad for you either, Miss FM2: your next immigration document will be good for four years; then, you can go to P.R., too! (T.J. gets to because he's old, old, old!) Just kidding, but he's a Visitante Rentista, now, so he can go to P.R., next time.

[Gringation]

Wait, I can't be a PR right now??? I would think living here for 6 years as a student then an employee would qualify me to move past the Temporary Resident Status.

I was hoping to apply for citizenship in the next year or two.

Guess we'll have to see.

[rawkus]

@V(aka Mr INM ):

Im still on my d*mn FM3. Next(4th) prorroga is coming up in October. Are you saying that I can get an FM2 that does NOT have to be renewed for up to 4 years?

[V]

Wait, I can't be a PR right now??? I would think living here for 6 years as a student then an employee would qualify me to move past the Temporary Resident Status.

Have a look at the first post, where it states the ways in which you can get Permanent Resident status, to see if you'd qualify. As I mentioned earlier, for many, it's going to be a matter of how they treat "time served" in the old system. I would think you'd have a shot at it, don't you?

Are you saying that I can get an FM2 that does NOT have to be renewed for up to 4 years?

Don't want to say too much about an individual case, but fourth prorroga means just three years in FM3 status, doesn't it? If I were you, I'd push for FM2 at renewal, because FM2 holders will be in a superior position when the new rules come into effect. Without looking it up, I'm pretty sure marriage to a Mexican allows you to obtain FM2 status, under the old rules, after two years of marriage. (Those who've been there, done that, will know the answer.) If you stay in FM3, Transitorios Sexto says you'll be considered to be a Visitor without permission to work when the new rules go into effect, and that could prove inconvenient, perhaps.

[Gringation]

@Rawkus and @V: They're now giving FM2s to newlyweds as well. (I got one, a German friend got one and a Canadian friend who just moved here got one.)

[V]

Well V, I hope they are doing this when my FM3 is expiring at the end of Oct.

T.J., you, too, should probably try to get an FM2, next time around, just to put yourself in a better position when the changes come down.

[rawkus]

V: I arrived in April, 2007. So Im assuming its: 1: Original(first FM3), 2: 1st prorroga(extension/renewal), 3: 2nd prorroga, 4: 3rd prorroga and in October, it will be my 4th prorroga, depending if its still named the same when/if I switch to a FM2 or if it starts all over again from "first FM2" etc.

Im hoping the "4 year - no renewing" part will be a real thing! A HUGE step forward for Mexico as a country.



Gringation: Oh, lucky you!! I was told "4 years on FM3, 3 years on FM2 and THEN you can apply to be naturalized"... Way more strict than many other countries, including Canada, New Zealand, Australia etc. Ridiculous...

[Windknot]

Rawkus, I believe Cancun/Quintana Roo is one of those cities/states that allow the change from FM-3 to FM-2, after just one year. This topic came up before on here, about 2 years ago.

I would be interested to know what all these changes are going to mean for vehicle nationalization. As of Jan 1, 2012, I will have 2 more years left before mine is 10 years old and can be fitted with Mexican plates.

Perhaps right now a permanent residency card is good forever, but look for that to change in the future. The US equivalent, the Green Card, is good for 10 years and I have to admit, this makes more sense. Imagine the physical changes that a young person will go through if he/she lives in Mexico for the rest of his life. The picture part of the document will become useless, long before that.

Finally, I wonder what these new 4-year visas will cost? My FM-2 costs 2804 pesos a year. Times 4 and that's 11,216 pesos....a LOT of money that could go toward system maintenance. Under the new system, the gov't stands to lose 8,412 pesos for every FM-2 holder. I can see a 4-year visa costing something like 5000 pesos....but I hope not.

[rawkus]

Windknot: D*mn it. Ive been told "4 years, then you can get the FM2" by both INM staff in Cancun and Playa del Carmen, haha.

Im also curious about the cost of this "new" visa - seems unlikely that a Mexican government agency would lose out on quite a bit of cash that easily... I guess we will have to wait and see?

You whom are om FM2´s and are working: If you change employer, do you still have to do the damn "cambio/extension de actividad", or can one switch jobs without the painful process?

[V]

I believe it's a notification requirement, and does not result in a notation on your migratory document. Under the current rules, you've got 30 days; under the new rules, you'll have 90 in which to make the report. These are not onerous requirements, and have no fees associated with them.

[rawkus]

V: This goes for FM2?

With the FM3 its a hassle, so I cant wait to get the FM2 for that reason.

The FM2 is a bit more restricted when it comes to staying out of the country, right?

[V]

The FM2 is a bit more restricted when it comes to staying out of the country, right?

Don't shy away from it, for that reason alone: it's a better document to hold, when the new rules come into effect, as you'll go to the new category, Temporary Resident", instead of to "Visitor without permission to engage in remunerative activity".

[FM2 historically had a restriction of 30% on the time you could spend out of the country in a five year period: whether they will apply this to the new, "Temporary Resident" status, I don't know.]

[rawkus]

V: Oh no, I wouldn't shy away from it because of that at all.

So far I haven't gone on the FM2, simply because I have believed what Ive been told about "4 years on FM3"... Ugh, haha.

Im looking forward to the FM2 for many reasons, mainly for the fact that it seems that one can change jobs easily, compared to the process with the FM3.

[Windknot]

Rawkus, maybe I am missing something, but I think you might be better off staying with your FM-3, at least from the financial standpoint that you'll save almost 1700 pesos. Then when the new rules go into effect, FM-2's and FM-3's will all be lumped together into the "temporal" thingy. After that, if you have enough points, you can still get your residency and be done with it. Last I heard, permanent residents did not need permission to work. They simply had to notify Migracion that they were going to work....and probably again if they changed jobs.

That said, I don't know exactly how this point system will work, but the number 4 (years) keeps popping up and I have been in Mexico for 6+ years, so I figure I am going to have enough points, anyway.

Yes and don't worry about being out of country. The limit is 180 days in a 5 year period...that's almost 6 months. Under the new system, I believe I have read that unlimited travel abroad will be allowed.

[V]

Then when the new rules go into effect, FM-2's and FM-3's will all be lumped together into the "temporal" thingy.

Have you read the actual laws, Windknot? FM3s will considered to be in the status of "Visitor" owing to the provisions of the section entitled, "Transitorios, Sexto".

The limit is 180 days in a 5 year period....

Also an interesting take on it: I've always ever heard 18 months, not 180 days.

That said, I don't know exactly how this point system will work, but the number 4 (years) keeps popping up and I have been in Mexico for 6+ years, so I figure I am going to have enough points, anyway.

Here, you're mixing two concepts- see the OP, where it speaks of the ways to qualify for Permanent Resident. Four years in Temporary Resident status will get you qualified for Permanent Resident; OR, you can go directly to Permanent Resident under the point system.

[Windknot]

V, I read the new laws back in May, when they first came out. That said, (1) there may already be changes made, but at first, the FM-2 inmigrado rentista visas were going to revert to the temporal visitante category, along with the FM-3's. I remember I was mad about that, because I had just received (the previous week) my first FM-2 renewal and had paid the extra money for it, hoping to be a permanent resident a few years sooner.
(2) The laws I read were in Spanish, so maybe I misinterpreted something.

You are right...it IS 18 months and I stand corrected. I knew there was a 1-8 in there and that the allowance was very liberal....chalk this one up to a senior moment.

Finally, I did not mean to make any definitive statements re the points system, as I am totally confused on that aspect. I wonder if INM has it figured out. But it just made sense that since you could get residency after 4 years of having a temporal visitante visa (with exceptions) that "4" had to figure into the points process as well. But who knows? Maybe if you don't go the temp. visit. route, maybe you need a different number of points. I am still hoping that being able to document 6+ years of living here, that whatever the points system is, that I will have enough points to do this. (as soon as my vehicle is 10 years old)

[V]

I'll be very surprised if they have all this up and running by the time my renewal comes due (FM2 expires 8 Nov); but, I'm starting now to get my documents in order in case they do. I'd like to qualify through the point system for Permanent Resident.

If you look at the first post in this thread, you can see some of the criteria they will apply to such an application: in addition, I expect they will consider such things as my time in country, my facility with the language (oh, well), home ownership in country, bank balances, nature of my work, and the opinion of my professional associates (good, I hope).
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[V]

For Rawkus and Gringation, and others who may be in a similar situation, here is my current understanding of how the new law will apply to you.

Under the new law you will be eligible for Permanent Resident if, a) you are married to a Mexican citizen, and have been for at least two years prior to your application for Permanent Resident; b) your marriage is registered with the Ministry for Foreign Affairs; and, c) concurrently with your marriage, you have been continuously in the immigration status of Temporary Resident, as defined by the new law, while in the country. [Article 56] Seems straightforward, enough. But, here's where the uncertainty comes in, how "credit for time served" in the old system will be counted/applied to the new system.

When the new law speaks of "Temporary Resident" it is referring to the new category called, "Temporary Resident", while the old system applied that term to FM3 status; however, the new law says that FM3 holders will be treated as if they were "Visitors without permission to engage in remunerative activities". FM2 holders under the old system were referred to as Permanent Residents, but they will be reclassified to "Temporary Resident" under the new system.

From this, you can see that there will be uncertainty for many, arising from at least two sources; 1) if you are reclassified to Temporary Resident under the new system (those who hold FM2s at the time of transition to the new rules), does the two years spoken of start to count from that moment, or from the moment you entered FM2 status under the old system; and, 2) to what degree, if any, will time spent in FM3 status be counted towards fulfilling the two year requirement under the new rules, when they come into effect.

I expect a just way will be found to sort this all out, as the bias in the law is in favor of family unification. We'll know for sure how all this is going to be dealt with, within the next six months or so.

Rawkus wrote:

I arrived in April, 2007. So Im assuming its: 1: Original(first FM3), 2: 1st prorroga(extension/renewal), 3: 2nd prorroga, 4: 3rd prorroga and in October, it will be my 4th prorroga....

Gringation has said married couples are being offered FM2 status, without any time spent in FM3: anyone who is renewing from an FM3 in the months before the implementation of the new immigration rules should seriously consider applying for an FM2 as a way to improve your chances of moving to Permanent Resident in the shortest possible time; which, for you, if no credit for time spent in FM3 is given, may mean a two year wait in the new Temporary Resident status.
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[Windknot]

V, that goes against everything I have read, and for several years now. Then again, Cancun is different from the rest of the country in many areas. But the old law was that you could be eligible for permanent residency after 5 years on an FM-2, and 2 years if you were married to a Mexican National. The law for getting an FM-2 (RENTISTA) after just 1 year of having an FM-3, has been in effect for quite a while now, at least in Cancun. I read something to that effect, right on this forum, several years ago, perhaps before you joined.

The reason I am so sure, is that I was initially denied an FM-2 (after just 2 years of an FM-3) from INM in Veracruz. The nice lady said I had to have my FM-3 for 5 years. SOOOO... (just having read the thread on this forum) I asked her why the folks in Cancun could get an FM-2, after just one year of having an FM-3?????
She got up and went to talk to her supervisor and when she returned, she had the new paperwork for my FM-2.
I declined to apply that year, for a reason I can't remember, but I did apply the next year and received my first FM-2, with one more perroga remaining on my FM-3.
HOWEVER....it remains to be seen what the future will bring. But I have to think that if the years that you have had an FM-3 AND/OR an FM-2, add up to 4 or more, that you would be immediately eligible for permanent residency. But what do I know?

I'd still like to know if any changes will be made to the car nationalization rules. For me it makes a difference.

[V]

V, that goes against everything I have read, and for several years now. Then again, Cancun is different from the rest of the country in many areas. But the old law was that you could be eligible for permanent residency after 5 years on an FM-2, and 2 years if you were married to a Mexican National. The law for getting an FM-2 (RENTISTA) after just 1 year of having an FM-3, has been in effect for quite a while now, at least in Cancun. I read something to that effect, right on this forum, several years ago, perhaps before you joined.

Hi, Windknot, this is just a good illustration of how it's real easy to misread almost anything, especially if the subject is somewhat complicated.

You mentioned that, under the "old law", people were eligible for permanent residency after 5 years on FM2- but I didn't say anything about it, so how could what I didn't say "go against everything you've read"?

You mentioned that two years on FM2 and married to a Mexican National would get you permanent residency, under the old law. I didn't mention this, either, but spoke instead about what the new law says about it, so I don't know how this could go against everything you've read, either.

As for eligibility for FM2 status under the old law- again, this is nothing I've spoken about on this thread, where the focus has been the new law, not yet in effect, and how it may be applied.
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[SamCancun]

tried to take this all in but very confused. So as I have a Mexican child and will have lived here for 4 years, can I apply for permanent residence and do I have to do that mad 100 question test I read about before, that is only in Spanish, because frankly I would fail so miserably on the answers, even if it was in English! My lack of knowledge on Mexican history is embarassing and I like that subject!

All i know is that immigration does my head in, my renewal was due in April, can you believe (you probably can) that after 4 months of saying 'come back in two weeks' they turned around and said 'we need another copy of your wedding certificate and letter of proof of support'! They have had that for four years, so obvisouly we just agreed, save fighting them and never getting anywhere, then took it back in, in our own time and they just said 'who asked you to give this' and had no clue about why it was requested and so on. When my wife dared ask why it was taking so long, they almost got angry with her and just said 'come back in two week's'. It's to a point where i'm almost beyond caring but I don't want anything to happen, I just have this funny bit of printed paper that says they are processing my visa and that is supposed to act as my visa until I get one! I even here they are now giving out cards instead of those booklets? I wonder if i'll ever get one of those!