New Mexican Immigration Law comes into effect in November

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One important factor everyone needs to consider about the new Immigration rules is that, after November 9th of 2012 nobody will be granted RESIDENCY from within the country! This doesn’t mean that we can get RESIDENCY at the border, we will actually have to register with the MEXICAN CONSULATE from outside of Mexico in order to get Temporary or Permanent Residency, if you don’t already have an FM3 or FM2.

The Regulations for the 2011 Mexican Immigration law were published this morning and after reading through them and taking some notes, I wanted to publish a basic summary of the points that I thought were pretty important for the expat community here in Mexico. This summary is going to be, as I said, basic and I’ll try to update some of the more detailed information as time passes.

Immigration filters

There are going to be basic immigration filters or checkpoints at airports, seaports and terrestrial border crossings, very similar to the border crossings now. For many foreigners, we WILL NOT need a visa prior to entering Mexico, because Mexico has signed treaties with various countries that Visas aren’t needed for their citizens. You can check that list, in Spanish, here (American citizens and residents don’t need visas, neither do most European countries):

http://www.sre.gob.mx/tratados/visas.htm

Once you get to the immigration filter the immigration authority will give you a temporary document that will prove your migratory status. At the time that you are given this document you will be asked the purpose of your trip to Mexico and the document will reflect that purpose, be it work, pleasure, etc. If you plan on staying in Mexico for more than 30 days you will have to trade the temporary document in at the immigration office closest to your home in Mexico.

At these immigration checkpoints, your may be asked to provide your passport, personal information, reason for trip, place of residence outside of Mexico, where you plan on staying in Mexico, who you will work for in Mexico, be that the case, activities in Mexico, income sources and how you are planning on leaving Mexico. It seems to me that this information is going to only be required from you in doubt about your intentions for coming into Mexico: children, families or well dressed tourists and business people probably not get hassled; arriving in the airport after finishing a few too many on the plane might get you an entrance interview. Use common sense.

Temporary and Permanent Residency

One of the major changes in the new immigration policy is the Temporary and Permanent residency instead of the FM3/FM2. This is the part that most interests the majority of the expat community and upon reading these sections I think everyone is going to be pleased.

**On a more technical note, I was a little displeased about some of the ambiguity in the wording in this section. There was a lot of talk about the removal of discretionary decision-making by the immigration offices, but in my opinion that still exists: in many parts of the regulations the wording “can be issued” is present instead of a more definitive “will be issued”.

Lets get into the nitty-gritty, but first, let me calm the fears of all of the expats who had FM3’s before now and were told (by me, sorry) that their FM3’s would not transition nicely into Temporary Resident documents: They will, the regulations made a distinction that holders of No-Inmigrante Visitantes documents (FM3) will, upon expiration of their FM3, receive a Temporary Resident Status.

Temporary Resident

The Temporary Resident document will be issued for periods from 1-4 years, based on the decision of the immigration authority. Temporary Residency does not confer automatic permission to work in Mexico, although it may be granted upon request of the foreigner and pending a job offer. People who currently hold FM3′s and FM2′s and who do not fall into any of the categories allowed for Permanent Residency will be eligible at the time of renewal for Temporary Residency.

According to the regulations, and congruent with the law, people in ANY OF the following situations will be eligible for Temporary Residency in Mexico:

  • People with a marital or common-law link to a Mexican citizen or a person who holds a Temporary or Permanent Residency status
  • People with job offers
  • People registered in the federal tax registry who are trying to work independently in Mexico
  • People who have been invited by a government or private institution to participate in a non-lucrative activity
  • People who can prove their economic independence
  • People who own real estate in Mexico above a certain value*
  • People who have invested a certain amount* in stock in a Mexican company, production machinery or other assets in Mexico or economic activities(ambiguous)

Permanent Resident:

Permanent Resident is actually a permanent status, except for children under 3 years old who need to renew their documents yearly until reaching 3 years of age. Permanent Resident status includes express permission to work in Mexico, but changes in employer and updates of activities are required.

The following people are eligible to become Permanent Residents in Mexico (ANY OF THE FOLLOWING):

  • Refugees and political prisoners
  • People with a marital or common law link to Mexicans or Permanent Residents (after 2 years of Temporary Residency)
  • Retired people*
  • Grandparents, parents, children or grandchildren a Mexican who acquired their nationality by birth
  • People who have a certain number of points* based on the following criteria:
    • Level of education
    • Work experience in vital areas with high demand
    • Other work experience
    • Investments in Mexico
    • Aptitude in science or technology
    • International recognitions or prizes
    • Fluency in the Spanish language
    • Knowledge of Mexican culture

*These parts of the regulations have been left very ambiguous and will apparently be cleared up via further publications in the Diario Oficial de la Federación, at a later date.

Visitors

The law talks about visitors as people who are allowed to be in Mexico for up to 180 days and then must leave, specifically saying that after the 180 days they must leave the country. This still applies. Anyone who does not ask for Temporary or Permanent Residency prior to entrance to Mexico will not be able to change from their Tourist Status to Temporary Resident, UNLESS they acquire a matrimonial link to or have another familiar link to a Mexican citizen or Resident. This could be important for people moving to the country, because they will need to make sure to ask for Residence prior to entry.

I somewhat expect there to be exceptions to this rule, but as of right now I can’t find any. We shall see how this evolves.

Penalties

I had heard that there were some tough penalties for non-compliance with the new rules, basically because the time periods given for the documents was much more than before. In my opinion, the new penalties aren’t too much worse than the old penalties, but it is important to be aware of them:

  • If you are caught performing unauthorized activities your document CAN BE cancelled and you CAN BE asked to leave the country.
  • If you fail to notify the immigration authority of changes in your marital state, address or work situation within 90 days of the change you can be charged a fine of between 20 and 100 days of minimum wage in Mexico City (about $1220-$6100 pesos as of September 2012).

All of these rules come into effect on November 12th of 2012, therefore any transactions that are turned into Immigration before that date will still fall under the old rules. After that date any document renewals or applications will fall under these rules.

As I said, this is a very basic overview of the new system and I have left a lot out of the new regulations, mostly things concerning refugees and human rights issues that aren’t completely of interest to the readers of this blog. There will be much discussion on this law in the next few months and everyone’s understanding of the rules will change as we actually get a chance to interact with the new system. Stay tuned.

The original decree of these regulations by the Secretaría de Gobernación in the Diario Oficial is here:

http://dof.gob.mx/nota_detalle.php?codigo=5270615&fecha=28/09/2012

80 thoughts on “New Mexican Immigration Law comes into effect in November”

  1. Pingback: New Regulations for Immigration Law Published - Playa del Carmen & Riviera Maya Forum by In The Roo

  2. I just read your post about the new immigration laws.I have a few questions if you don’t mind.Right now I have (and have had) a rentista. (or whatever it called now).I earn my money thru a US company and pay US taxes.  I honestly have no desire to work here.I would like one day to be a Mexican citizen (I think…personally, I love this Country and can’t see leaving).What do I need to do to become a citizen? I heard I need to get an FM2 now before the laws change.But it may be too late.Thoughts??? I’ve read what you posted I’m not sure if I qualify as temporary resident or a permenen resident.UGH…I just renewed in July…so I have a few months for things to shake out…but if I need to do something soon, I’d like to know.

    •  @marissab You can get an FM2 until November 12th, but I am not sure at this point if that is going to make a big difference.  An important consideration is what definition is actually given to “retired” at a later time.  If retired means that you have income coming in from outside the country (like is the case with Rentista), then you could probably qualify for permanent resident upon renewal.  If the definition of retired means that you have to show proof that you have a monthly income based on a registered pension or foreign government source, then you probably still will qualify for at least Temporary Resident because of your out of country income.  These definitions will be published soon, hopefully within 30 days.
       
      One consideration that I didn’t mention in the post was the cost of the documents, a four year Temporary Resident document is going to cost $7040.00 MXN in fees, plus whatever the lawyer charges.  The Permanent Resident document costs $3815 pesos, but may cost more in Lawyer fees depending on the complexity of the application.
       
      Citizenship is only LOOSELY related to immigration, you have to be a RESIDENT(right now resident means FM2) for 5 years according to the current Naturalization law. This means that if you get your FM2 now you will still have to wait 5 years from getting your FM2 to naturalize.  If you wait until you get your Permanent/Temporary Residency when your FM3 expires then you will have to wait 5 years from that time.  I don’t know if the few months really matters…
       
      I would lean towards getting your FM2 now, mostly because I have a suspicion that the next few months in Immigration are going to be chaos because of the changes.

  3. I did  Google translation of Article 139 (Residente Permanente) and it puts the word “any” at the beginning to Article 139.
     
    Mi espanol es muy mal! 
     
    I’m assuming you’ve read this in the original Spanish. 
     
    Is the operative word in the first sentence in Article 139 actually “any?” 
     
    If so, does that mean that a foreigner meeting any single requirement set out in subsections I through VII can qualify immediately for Residente Permanente status based solely on income, without regard to lenght of residency in Mexico? 
     
    Article 139. The status of permanent resident stay under Article 52, section IX, of Law will be awarded to the foreign person that shows any of the following circumstances:
      I. Having recognition of refugee status, granting complementary protection political asylum and statelessness determination in terms of the relevant legislation;
     
      II. Harving links with Mexican or permanent resident alien, according to the hypothesis family unit in terms of the provisions of Article 55 of the Act;
     
    III. Being retired or retired with sufficient monthly income to support themselves during their stay in the country; IV. That meets the categories and the minimum score required by point system, under the general administrative provisions issued by the Secretariat and will be published in the Official Journal of the Federation; V. Having regular migration status for four consecutive years, in the case of residents temporary;
     
      VI. Having relationship straight up or down to the second degree with Mexican by birth,
     
     and VII. Having regular migration status for two consecutive years as a temporary resident, provided when the condition of stay has been granted by having spousal or common-law or Mexican equivalent figure or permanent resident and the relationship subsisting. This, after complying with the requirements of the administrative provisions of generally issued by the Secretariat and will be published in the Official Journal of the Federation.

  4. I might have made a mistake with the effective date, I am not sure if November 1 and 2 are holidays or not.  I’ll have to research that.  I think it is safe to say that the law comes into effect in the middle of November.

  5. Hi Solomon,
     
    I’ve just written an article on this as well (at the other end of Mexico): http://www.sanfelipelife.com/post/Mexico-s-New-Migration-Law (corrections welcome!).  I agree that much remains to be defined, such as the values for real estate and investments. Maybe raising those amounts in future will be a way to control numbers, if needed.
     
    I notice you’ve chosen thirty working days, rather than thirty calendar days, before it comes into force.  Is this a convention with Mexican laws?  It doesn’t mention either working or calendar days, so i assumed it meant Oct 29th.
     
    Although an FM3 may translate into the temporary visa, have you found anything which states whether or not existing FM3 years (before today) count as part of the four years for temporary residence towards permanent residence?  This is a major thing in San Felipe, where most have FM3 (rather than FM2 or better) because they’re only part-timers.  Many will be able to convert to permanent residence immediately with their pension income (assuming the amounts are similar to now), but for others how the years of residence are calculated will be crucial. 
     
    Thanks for pointing out the bit about declaring intent at the border, I missed that and I’ll research it.  It remains to be seen how that’ll work in practice (although going back to the border isn’t that big a deal here as it’s only 150 miles away).
     
    Rob

    •  @SanFelipeNews Hey Rob,
      The 30 working days was based on what the first provisional article says, “treinta días habiles”.  I haven’t had a chance to look yet if there were any administrative vacation days in that period that aren’t listed in the labor laws, but under the calculation I made based on the labor law vacation days that means the regulations become effective on the 12th of November.
       
      I think the time in on the FM3 should translate to years in as Temporary Resident:  Transitorio Sexto Fracción II says that prorrogas already applied should be considered, which I interpret as “if you have 3 prorrogas already on your FM3 that counts as having had the Temporary Resident for three years”.  It will be interesting to see how this is applied.
       
      I’m not completely sure about declaring intention at the border, but that was my interpretation of these regulations and the original law.  I based that interpretation on some of the congressional chatter about the law using a system similar to Canada’s in which the change of status is not allowed while in Country, except in cases of familiar-ties.  Article 59 of the Reglamento says that the migratory authority will expedite a migratory document at the border to foreigners who meet the entrance requirements, but for migratory status that require a visitor or resident card the foreigner will need need to apply before immigration within 30 days of entering the country.  Mix that with Article 53 of the law, which says that Visitors cannot upgrade their status to Resident without declaring a family link while in the country, I am pretty sure that means upon entry you will have to declare your intentions.
       
      The only way that we will know what is actually going on with all this is to wait and see how the process works.
      Solomon

      •  @SolomonFreimuth Thanks Solomon.  I’ve corrected the date in my article.  Interesting about the FM3s, I do find the Spanish in Transitorio Sexto Fracción II especially hard to understand — hopefully INM will clarify it (and a lot more!) when they produce the operations manual.
         
        And I agree with you, after reading those sections that an intent may well have to be declared at the border.  That article 59 could be read as: rather than getting a tourist FMM there’s some special 30 day document issued at the border instead that allows you to travel within Mexico and then apply for the residence visa. 
         
        In regulations article 140, it mentions “Las personas extranjeras con situación migratoria regular”.  Does that include visitors?  I couldn’t find a definition of the term.

        •  @SanFelipeNews “Situación migratoria regular” means migratory status in order.  When the law uses the word “regular” it means literally in accordance with all the laws and regulations.  In this case regular would mean anyone who entered the country legally and hasn’t let their given period pass to a) apply for a document or b) renew their document.

  6. Pingback: New Mexican Migration Law Summary - PV Guide

  7. I plan to drive in for a 60-70 day tourist stay in January 2013 (out of the border zone). Early in this post, it says for a stay more than 30 days I’ll need to visit an INM office near where I am staying and trade in a 30 day permit for a longer one. Later it says that tourists can get a 180 day entry document. Can you clarify?
     
    Thanks

    • @Dick Locke Good question.  I don’t really know the answer.
      The law says that foreigners can enter the country but must go to an immigration office within 30 days to apply for a migratory document.  I am not even sure what immigration office that will be.  Maybe at the airport, maybe not.
       
      I think (big assumptions here, don’t take this as gospel) it will go like this:
       
      1. You fly (or drive) into Mexico and you’ll get a stamp on your passport and maybe something similar to an FMM (Tourist card) at the airport or border.  This document will basically be a proof that you entered Mexico legally.
       
      2. Anyone who is just going to stay in Mexico for a few days keeps the Tourist card slip until they leave and turns it in at the airport. 
       
      3. Anyone who wants to stay longer than the 30 days that is given in the tourist card must go to the immigration office and register their stay.  They will get a 180 (really probably 150 days, since they already stayed 30 days) permit to stay in Mexico.
       
      But really, this part of the law isn’t clear yet and nobody at the immigration office will give me any clear ideas as to how this is going to work.  Everyone tells me that I’ll have to wait until the procedures are published (apparently in the upcoming month).
       
      I think the best advice for anyone who is planning on coming into Mexico in the next few months is, DON’T STRESS ABOUT IT.  Limiting your ability to stay for long periods of time in the country is NOT in the best Mexico’s best interest and they know it.  All the changes might sound extreme, but I don’t think it will be a huge hassle for most of the foreigners that are reading this blog.a

  8. Hi Just a quick question to clarify. I have been here since 2003, i had my FM3 and now i have an FM2, which states on the back Referendo # 3, and expires on November 14th 2012. I was confused as to when or if i could apply for “Imigrado” (and also exactly whatever that actually means?) and now after hearing about the new “laws” i am unsure as to if they will apply to me or not. I have spoken to my “pagadora” and they want me to go sign the forms and they will put my paperwork into immigration next Monday. But they are as helpful as giving me information about the whole thing as a bucket with a hole in it! to find any reliable information online is basically impossible, so i really appreciate any help or info you have. Thanks in advance for your time. M.E.

    • @MexicoMatt You should be able to apply for permanent resident, since you have had your FM2 for 4 years.

    • If you meet the requirements for Permanent Resident you will be able to apply on the 12th through the 14th of November, or if you apply before then you will need to apply for another FM2.

  9. Hola Sr. Freimuth, could I just ask one question- our FM3′s are expired on November 11th, yes of all days. We had planned to go in as soon as we were back in Mexico (Nov 6), but after reading your article we are thinking of waiting until the magical day of NOV 12th, because we would like to renew for the 4 year temporal residente. What are your thoughts on this? Will it be met with ‘static’ because we are over the due/expiry date?

    • @CACTUS_BUG I would recommend against being late with your renewal, the consequences could very bad (like losing your current immigration status and having to leave the country and apply in a consulate). Your only option would be to NOT be in the country on the 11th when your FM expires, therefore having 60 days to return to Mexico and renew. Unfortunately, being out of the country will probably cost you more than renewing your FM3s one more time.

    • @CACTUS BUG Interesting, I don’t know what happened to the comment.  I am positive I responded yesterday, but I can’t find it.
       
      ABSOLUTELY DO NOT let your document expire.  Renew before the 11th.  If you wait until the document expires you MAY be denied renewal and MAY have to start the process from outside of Mexico.  At the very least you will pay a fine.

      • @SolomonFreimuth  @CACTUS BUG
         Oh, sorry Soloman, I should have mentioned that we are currently in Canada, and have in the past renewed after the expiry, proving we were out of the country with the passport stamps. I just just curious if I should wait a couple extra days- given our expiry is Novemeber 11th, we arrive in Playa on the 6th, and well , hoping we can renew for 4 years on the 12th:)  My undestanding from your article is that the 12th is when “most’ of the INM offiices will adopt the new laws. Thanks again for your time and enormous patience. Sorry about the the “simon’ mistake.

        • @CACTUS BUG I’d suggest you postpone your trip until after the 12th of November if you want to renew with 4 years.

        • @SolomonFreimuth  @CACTUS BUG
           Oh… we can’t do that Solomon. I have already done the online portions of the app. and got my CLAVE etc, so will take our chances, go into the INM on November 12th and see what happens. We will ask for the 4 year ‘residente temporal’ and ‘beg’.  I will let you know how it goes. Question, do you do closing on ‘land’ purchases? We just got a price of about $6600, not including AVT, state taxes, ‘other’ fees, I thought that high, but could you comment on that? Perhaps it’s in line with the going rate? Thanks again

        • @CACTUS BUG $6600 pesos? Dollars?  Are you purchasing through a trust (fideicomiso)?  Factors like “where?” and “how much?” come to mind…
           
          I’d say that you should calculate AT LEAST 7% of the total value of the home for closing costs.
           
          The best rule for calculating costs when dealing with any legal transaction is to use somebody that you trust.  If you trust the person that is charging you that much, then I think its worth it.

        • @SolomonFreimuth
           Pesos:) and yes Fideicomiso.  thanks so much for the sound  and very considerate advice . It’s only land, so does the 7% still apply?  Yes, we do trust this gentleman very much, it’s just as foreigners, we like to ask lots of questions to ensure fairness.

  10. Pingback: New Mexican Migration Law & Regulations | Las Hermanas del Desierto

  11. Here is the information I have at this time, as explained by an immigration official:
     
    Anyone who wants to get Residency, who doesn’t currently have an FM3/FM2 will need to apply at the Mexican Consulate in their home country or anywhere else, outside of Mexico, for RESIDENCY.  There will truly be no changing immigration status from within Mexico.
     
    Also, I was told that the last day for renewing an FM3/FM2 would be the 9th of November.  Anyone renewing after that date will need to ask for Temporary/Permanent residency, instead of FM3/FM2.

  12. Pingback: My Blogs : Mexico's New Immigration Laws to be Implemented November 1, 2012.

  13. Hola Sr. Fremuth:
     
    I’ve had an valid FM3 for at least ten consecutive years and assume I should easily qualify for the new “Temporary Reisdent” visa when it expires on December 1, 2012.  My wife is Mexican by birth and a Mexcian Citizen.  Our marriage is documented  both with the INM and Puerto Vallarta civil authority. 
     
    We reside in the U.S. (Alaska) from May to September, returning every year for the winter season to the Puerto Vallarta area.  We own a U.S. Plated car which is currently legal to operate in Mexico with a valid FM3.  Will there be any changes to this regulation with the new “Temporary Visa” status regarding importing foreign plated cars? 
     
    I’ve not seen any mention of the subject in the articles, including yours, that I have read on the subject.

    • @yelapa That is an excellent question.  I cannot speak for anyone else, but the reason why I have deliberately avoided posting anything about Temporary Vehicle Imports in relation to the new Immigration Regulations is that I haven’t the slightest idea how that is going to work.  Nowhere in the law does it say anything about Temporary Vehicle Import, because that is really not the law that changed.
       
      I will go as far as to say that, IN MY OPINION, Temporary Residents will be allowed to maintain foreign plated vehicles in Mexico under the protection of the Temporary Import Permit.  Other than that, I have no idea how the process will work, though I suspect that the issue will be dealt with in an upcoming legislative session.

  14. Thank you, Simon, for the easiest summation of the new immigration laws that I’ve seen so far.   I have a question for you.  Can someone who has never lived in Mexico nor had a residency visa, qualify immediately for Permanente Residency status if he/she meets one or more of the permanente residency requirements.  It reads that way, but who know?

    • @NeihHypnosis   Again, please let me know if it’s possible to apply for Permanente Residency right off the bat inside of doing the 4 year FM2 or 3 residency options prior to applying for Permanente residency.  I have checked the blog comments and you haven’t as yet answered my question.  Thanks!

      • @NeihHypnosis There is nothing in the law that says you need to live in Mexico before becoming a Permanent Resident, if you qualify based on other factors.

  15. Hola Sr,  Simon, any chance you might have a comment on me renewing after November 12th?  Perhaps I should just give it a shot and see what happens? We are a bit concerned, as we are buying property, and don’t want to have an expired no-immigrante (FM3)… thanks for your time. I understand you are in Playa- where?

    • @CACTUS BUG My office is on the corner of 10th and Constituyentes, across the street from Scotiabank.  I am office #12, which is upstairs, 4th door on your right when you come off the stairs.  The entrance to the building is on 10th Avenue.
       
      If you let your document expire you will not “renew”, but you will have to go through the regularization process which is similar to a mini-trial in order to get your residency.  You cannot leave the country while you are in “regularization”.  You cannot apply for a permit to leave the country.  You will pay a fine $1000-6000 pesos.  I suggest you either renew before the expiration date or don’t enter Mexico until after your document expires, which will give you an additional period to renew.

      • @SolomonFreimuth  @CACTUS BUG
         Solomon, thanks for speaking with me today, it was very much appreciated. I think we will heed your warning and go to Belize as to be out of th country on the expiry date, November 11th. My only concern/question, is that we would fly into Cancun on the 6th, and then head to Belize right away for a few days of fun and sun, do you see any concerns with this- being we entered on November 6th, exit to Belize on the ? 10, and return the 12 or 13th? I don’t want to jeopardize anything by just trying to get the “residente temporal’ when really having the old ‘no immigrante’ would be ok too, though we are at our last year to be able to review. SO many crazy factors to consider.. ughhhh

  16. Pingback: Welcome to November… High Season is Here! – Saturday 27 to Friday November 02 | PVMIRROR.COM

  18. Please help me with my situation!!!! I got my first FM3 in november of 2009, then renewed it  in ’10, ’11 and now need to renew it again and it would me my 4th year. Now the problem is that my FM3 expires on November 20th (only 19 days away) and Im still outside of the country. I never knew about the new coming law so I was going to come back within next couple of months after expiration and then just pay the fee for renewal. A week ago I was told by somebody from work that the rules have changed and I have 50 days after expiration date to renew my FM3. So I have only 19 days left and Im panicking cause I don’t think I can make it back to Mexico before Nov 20th. And even if I come back to country, lets say, like couple of days before expiration would that be ok?  Would INM renew my FM 3 with no problem? or can I come back a little later then expiration since I have those 50 days to renew my FM3??

    • @mclin You have 55 days to return to Mexico after your document expires.  You will be able to renew without any problems, just follow the instructions given to you by the immigration official or your lawyer.

      • @SolomonFreimuth So according to this new law I still can come after expiration date and apply for renewal after expiration date with no problem?? Cause HR person from my work said  that I might still be able to enter the country after expiration date but they are not sure at all if   INM will renew my FM3

        • @mclin Art. 160 of the Reglamento de la Ley de Migración says that you have 55 days to return to the country after you document expires and another 5 days to turn it in for renewal after you enter Mexico.

  19. Pingback: Welcome to November… High Season is Here! – Saturday 03 to Friday November 09 | PVMIRROR.COM

  20. Hola, thank you SO MUCH for all this information.  I am one of those people who have been living on the edge, here in Mexico for many years but have been doing it on a tourist visa.  I leave the country regularly and come back on a 180 day tourist visa.  Sometimes I go back to the states, and sometimes I go to Belize.  I heard about this new law very recently and so am researching what will change for me.  From what I have read here, it sounds like not much will change?  You wrote about the 180 day vs 30 day in one of the questions that you answered, but that was a few weeks ago……now that the law is actually out, is that still how you understand it?  Muchisimas Gracias!

    • Still very grateful for the info you gave us, I´d like to make an appointment to come talk to you, my guess is that you didn´t expect to have to give so much free advise just because you gave a bunch of free information!  I find your address, but not your phone number, I´m coming from Tulum, so would like to make an appointment before I come.  Gracias!

  21. How about real estate sales? We sold our condo in 2010 and boought another. We received our FM2 exemption of capital gains. We were told that we had to hold FM2 for 5 years and we are on our third…just renewed. How will this new law affect that?

  22. hola yo debo prorrogar mi fm3 en abril del año entrante,es mi segunda prorroga,segun me habian dicho ya podia pasar a fm2,ahora no se como quedara mi situacion,pues segun me conviene es la visa permanente pues trabajo aqui,de hecho mi fm3 es de artista independiente

  23. I find all this so confusing, after I finally figured out the old system!  (or at least I *thought* I did)
     
    A MILLION THANKS to you for your summary of this, and thanks for taking the time to clarify so many individual case issues in the comments.  That’s very generous of you.  I looked at the “summary” from INM and about passed out.  It’s several pages and despite years of Spanish classes in the US before living in Mexico for six years, I feel like only lawyers would really understand that vocabulary.
     
    In my situation, I just got approved (last week) for my first year of an FM2, after having an FM3 for five years.  What I don’t understand is if I will have a prórroga of the FM2 next year, or if  I have to apply for a Temporary Resident permit.  If so, is there any benefit to having a Temporary Resident permit for four years if my ultimate goal is becoming a Permanent Resident?
     
    I was under the impression before (by the old rules)  that after having an FM2 for five years (after having an FM3 for five years), I could then easily become a Permanent Resident.  Is that process going to remain the same for me since I’m on the old-style track, or is all that out the window because of all these new rules?
     
    It seems like now, no matter how long I’ve already been in the country, I have to meet more strenuous rules to become a Permanent Resident than I would have before by just having been legally compliant for ten years.  Since none of the things listed above as criteria for being granted Permanent Resident status include time spent living here legally, it looks to me like all that doesn’t count for anything anymore.  :(

  24. Read your FM2. Your FM2 says you are a resident of Mexico. Don’t go backwards. Ask to go forwards. Read all the ifs….if you own property, know Spanish, etc., you will have points toward becoming a permanent resident.
     
    WE had to get a new FM2 once due to bad stamp at airport. Make sure everything is always in order.
     
    I would still like advice on the Property sale exemption…we are year 3 of 5 to be able to sell without penalty…just in case we have to…

  25. Where you mention ‘register with the MEXICAN CONSULATE from outside of Mexico’, are you talking about the way people used to be able to ‘apply’ for their FM3 or FM2 at the Consulate where they needed a Police Clearance Certificate, a Health Certificate, 3 months bank statements to proof satisfactory income, etc etc, or is it just going to the Consulate and registering that you are coming to Mexico and stating your preference for Temporary or Permanent Visa? Also where you talk about Immigration Filters and some foreigners not needing Visas because of Treaties between countries, are you saying that someone coming in as a Tourist would no longer be required to stop at the border and get their Tourist Visa??? Thanks for your help.

    • @rammex99 Visa is a term that we have become accustomed to using incorrectly.  A visa is a document that allows you entrance into a foreign country: Mexicans need a VISA to enter the United States.  When Americans enter Mexico, we are given a Tourist Card (FMM), which is NOT a visa, it is a migratory document.  The FMM gives us status in Mexico as TOURISTS.  Under the new laws, in order to enter the country as a Temporary Resident or Permanent Resident, you need to apply for permission from the Mexican Consulate outside of Mexico (this permission to enter the country as a Resident IS a visa).

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  28. I am completing the 4th year of my current FM-3 and I am told that I may not renew into the Temporal Visa but that I must let my current FM-3 expire and apply the next day for the new Temporal Visa. This seems inefficient and expensive If I have to pay a “fine” for letting the old FM-3 expire. This also makes my US plated vehicle “illegal” for a period of time. Anybody have any simular experience?

  29. Sure did, our FM3 expired on Nov 12th, the exact day the new law came into effect. We did go into the INM office several days prior, and were told “no problem, it’s not our fault the law changed’, and were assured that we would not have to pay a late fee- but we did go in on that exact day! Hope that helps.

      • @KeithHanson1  @CACTUS BUG According to the law, you will face the following consequences if you allow your migratory status to lapse, even by one day:  a) you WILL pay a fine of up to $6233 pesos and b) your import permit on your car will become invalid.  Do not let it lapse, instead, ask for “regularization” of Temporary Resident status.

        • @SolomonFreimuth  @CACTUS BUGSolomon…..Thanks for your reply. What does “regularization” mean?

        • @KeithHanson1  @CACTUS BUG Legalization?  “Regular” in Spanish legaleze means “correct and legal”, so “Regularización” means making your document correct and legal.

        • @SolomonFreimuth  @CACTUS BUG Sorry to be taking so much of your time. Does this mean they should make my FM-3 “correct and legal” or the new Temporal Visa “correct and legal” or simply “fix this problem” which makes no sense.

  30. The day it expired, but… we had nothing right, and had to come back the next day. We told them how worried we were days before the expiry, and they insisted we need not worry… but still… everywhere seems different. We also we not allowed to use our property (in excess of 400K in USD value) to get the new residente permanente, even though we have read here that that can be used- they told use “only in the future”, Hope that helps!

  31. My statement below was incorrect as my FM-3 Prorroga was 4 and therefore I was completing my 5th and final year on my current FM-3. I have been told it is impossible to apply for the Resident Temporal before the current FM-3 expires. It is possible to apply for Residente Perminente but with that it is my understanding I would no longer be able to drive a US registered vehicle. Anyone with similar experience?

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  34. Hi – great article, thanks!  Do get the temporary residence visa, aside from proof of econonic independence and a valid passport, are other documents required (birth certificate, marriage certificate)?  Do these need an “Apostille”?  Thanks, glenn zahler

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  37. I had 5 years each of FM2 & 3. I applied for Inmigrado 3 years ago and finally got a letter stating that it was denied because I was out of Mexico longer than allowed. The local office is now saying that I can apply for permanent resident by paying $8,000 pesos and will not be denied. Can I skip this step and go right for citizenship?
    Also, my husband is Inmigrado. Does he have to ‘convert’ to permanent resident?
    Thank.
    No bad days!

  38. Hello again Solomon , so my attempt to renew our FM3′s (residente temporals) has come to an end. It’s been 5 weeks + and they have told me there are no ‘cards’ available, because the manufacturer of the cards has made several errors. Anyway, we have had our FM3′s for 4 years and need to cancel the process because we are leaving back to Canada (did up the letter etc), and unfortunately can not make it back in the 55 days alotted. We have lost our entire history of 4 years- so frustrated. So my question, because I can’t seem to find it anywhere is this; can I get a residente permanente from a consulate in Canada? Now that we have nothing, can we go right to the permanente without doing the 4 year temporal?  We do qualify for it , and tried as well to get it here in Playa,  but they would not allow us to use our property, saying that would come in the future but not now. Any help would be appreciated. Thanks
    Nancy

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  40. My friend is here alreay on a 180 day tourist visa and cannot go back to the States to get an FM 3 or 2. If he marries his Mexican girlfriend can he become a citizen without any additional documents?

  41. My friend is here on a 180 day tourist visa. He cannot go back to the US to do an FM 3 or 2. He wants to know if he marries his Mexican girlriend would he become a citizen without any of those documents?

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  44. With our FM3 expiring Dec 15, 2012, we just went through the process.  Here is the deal for us (in Puerto Vallarta).  Since we already had 4 years on our FM3, immigration WOULD NOT allow us to get a “temporary residency” card.  They said we could only qualify for “permanent residency” because we were on our 5th FM3 renewal.  They did say that if we wanted to remain “temporary” residents, we would have to let our FM3 expire, then reapply at a Mexican consulate outside the country to become “temporary” residents.  However, they said there would be significant fines as well as delays in obtaining the “temporary” status and that we (and our car) would be illegal in Mexico during the process.   We went ahead and got the “permanent” status, however, immigration currently does not have “permanent” cards, so we just have a sheet of paper basically saying the process is still underway.
     
    This raised problems, then, with our US plated car.  We went to aduana and told them the situation, along with all the paperwork.  They said that “probably” with a “permanent” card, we would no longer be able to keep our car in Mexico.  However, they weren’t sure. So they wrote out a temporary permit that we could present to law enforcement if necessary (good only until we get our “permanent” card and applied to extend the importation date of our car).  They said we could apply for the extension of the car permit once we actually have our “permanent” residency card, but it was likely Mexico City would deny it, thus making our car illegal here.   it is very frustrating, and there is still a lot of uncertainty even at this point.

  45. Hello. I have a Mexican Permanent Resident card with “Inmigrado” status.  Is it still valid or do I need to update the card?  Also as a perm res, do I still have to notify INM when I move or change jobs?   The info you have on this site is really good.