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    New Immigration Law May 2011

    On May 24th, 2011, the President of Mexico, Mr. Felipe Calderón Hinojosa announced the passage of a new Immigration Law, which will regulate the migratory status of foreigners in Mexico. Here at Yucatan Expatriate Services, we have taken some time to meet with our contacts at the immigration office here in Yucatan to better understand the scope and effects of this law. At this time, the law is not yet in effect and the employees at INM are themselves working to understand how the new law will change the status of foreigners in Mexico and their Yucatan clients in particular. The following is a synopsis of what we have learned from carefully reading the law and from discussing it with INM employees.

    The New Immigration Law

    The main focus of this new law is respect for the Human Rights of Migrants and promotion of the preservation of the family unit.

    The following are the relevant aspects of this law that may be of interest to expatriates living in Mexico:

    Under the new law, conditions of stay are created under which foreigners can remain on Mexican national territory.

    Foreigners may stay as the following:

    • Visitor (previously called Non-Immigrant status or FM3)
    • Temporary resident (previously called Immigrant status or FM2)
    • Permanent resident (previously called “Inmigrado” status)

    Expatriates may remain in the country as visitors, temporary residents or permanent residents, subject to compliance with the requirements of the new Law and its regulations.

    Categories of Foreigners in Mexico

    According to the law as it is now written, these are the permissible categories of foreigner staying in Mexico:

    Visitors without permission to carry out profitable activities. These are foreigners who are authorized to travel or remain in Mexico for an uninterrupted period that does not exceed 180 days from the date of entry to the country, and who do not have permission to perform activities subject to remuneration.

    Visitors with permission to perform profitable activities. These are foreigners who have a job offer or an invitation from any authority, educational, artistic, sporting or cultural institution, from which they will receive remuneration in Mexico. These may also be foreigners who come to develop any activity with remuneration for a season, and who are authorized to remain in Mexican national territory for a continuous period that does not exceed 180 days from the date of entry.

    Temporary residents. These are foreigners who are allowed to stay in the country for no longer than 4 years with the possibility of obtaining a permit to work in exchange for remuneration in Mexico, and who are given the right to enter and exit Mexican territory as often as desired. They can also enter with or subsequently request the entry of the following related family members:

    • Their children and those of the spouse or concubine, provided they are underage and not married, or under their custody or guardianship
    • Spouse
    • Concubine or an equivalent figure, proving their situation under Mexican law
    • Father or mother

    These family members will be allowed to stay legally in the country under the condition of stay of the temporary resident, with the possibility of obtaining a permit to work in exchange for remuneration in the country and with the right to enter and leave the country as many times as they wish.

    Temporary residents will be able to bring to Mexico their personal property, in the manner that will be described by the applicable Law.

    Permanent residents. these are foreigners who are allowed to stay in the country indefinitely, with permission to work in exchange for remuneration in Mexico.

    The condition of permanent resident may be granted to the expatriates that are in any of the following circumstances:

    • For reasons of political asylum, the recognition of refugee status and subsidiary protection or for the determination of statelessness, subject to compliance with the requirements of the Law
    • For the right to preserve the family union
    • Retirees or pensioners that receive an income for services rendered abroad from a foreign government or international agency or private company, that allows them to live in the country
    • As per decision of the Immigration Institute, regarding the Points System
    • Because they have had temporary residence for 4 years
    • By having Mexican children by birth
    • By being ascendant or descendant in a straight line (up to the second generation) of a Mexican by birth

    Foreigners who are granted Permanent Resident status will be able to obtain a permit to work in exchange for remuneration in Mexico and the right to enter and leave the country as many times as desired. They will also be able to bring their personal property into Mexico in the manner and terms that apply under the applicable Law.

    Permanent residents are entitled to the preservation of the family unit. They can enter with or later request the entry of the following family members, who may reside in the country under the same condition of stay as the Permanent Resident:

    • Father or mother
    • Spouse, which will be granted the status of temporary resident for 2 years, after which may acquire the status of permanent resident as long as the marriage exists
    • Concubine, or an equivalent figure, which will be granted the status of temporary resident for 2 years, after which may acquire the status of permanent resident as long as there is cohabitation
    • Their children and those of the spouse or concubine, as long as they are underage and not married, or under their custody or guardianship
    • Siblings, provided they are underage and not married, or are under legal guardianship of the Permanent Resident

    Points System

    The Secretary of the Interior will establish a Points System which will be published in the Official Journal of the Federation and which may allow certain foreigners to acquire permanent residence without complying with the 4-year residence requirement. Foreigners who enter national territory under the Points System will have a work permit and have the right to family union at the time they are entering or they can apply for family union rights at a later date.

    The National Register of Foreigners

    The National Register of Foreigners tracks all foreigners with temporary or permanent residency. Foreigners with a temporary or permanent residency have an obligation to notify the Immigration Institute of any change to their marital status, domicile, place of work or nationality within 90 days after the change (previously, only 30 days were allowed).

    Stay Tuned!

    It is important to mention that these changes are NOT applicable yet at this writing (June 2011), since the official Regulations have not yet been published. The local Immigration office is at this time still accepting applications according to the former rules. We welcome your comments below!

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    Managing Your Property in the Yucatan

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    82 Comments

    1. Barry
      June 15, 2011

      How does the new law impact going from Inmigrado to citizen?

    2. June 16, 2011

      Barry, the law does not mention it, so we assume there are no changes on this regard.

    3. Louis Pintkowski
      June 21, 2011

      Would a permanent residence be allowed to own land out right?

    4. June 21, 2011

      Louis, only Mexican citizenship allows you to own land out right when it is within 50 kms away from the coast. Permanent residence is inmigrado, not Mexican.

    5. sharron
      June 21, 2011

      I am really puzzled by this proposed new law. Does this mean that those with FM3 status, which I obtained in May, will be reduced to the status of tourists who will have a maximum stay of 180 days? The way I see it from reading the above it looks like the former “tourist status” for short term visitors and vacationers will be eliminated and those holding FM3 status will be demoted. Please advise.

    6. Deborah
      June 21, 2011

      Do the Mexican laws allow Americans to own non-coastal property? If they already own property and it’s been paid for, could it be taken away from them for any reason?

    7. June 22, 2011

      In about 5 years we plan to retire and live there part of the year (the snowbird season). Will we be entitled to buy a car as renting one is very expensive there?

    8. Cindy & Dan
      June 22, 2011

      Does this mention anything about the status of vehicles attached to an FM3 if you become a Visitor and must leave after 180 days for those that live here full time?

    9. June 22, 2011

      Deborah, the Mexican laws allow Americans (and other foreigners) to own non-coastal property (property that is more than 50 kms away from the coast) outright, just as they are used to owning a property in the United States. Property owned by Americans (or even Mexicans) can be taken away even if it is paid for, but only to pay off debts if you are sued in court. For example, if you owe money to a third party and they sue you in court, the court might decided that the property can be deeded to your debtor if they win the lawsuit. But this is a complex procedure and as long as you are not in that situation, the government cannot just take away your land. If you buy your property in a fideicomiso, this is a trust that you share with a bank, and is even more secure for that reason. If you have further questions, contact us to adriana@yucatanyes.com

    10. June 22, 2011

      Dianne, you can buy a car in Mexico only if you have an FM3 or an FM2.

    11. June 22, 2011

      Cindy and Dan, no, it does not mention anything related to the temporary import of vehicles. However, Customs authorities just made changes to the regulations regarding the temporary importation of vehicles and they state that the import is valid for as long as the FM3 and FM2 visas associated with the car are valid. We will be publishing the new regulations soon in our website.

    12. Ken E
      June 23, 2011

      Sir, I’ve lived in Mexico for seven years. Five with an FM3 and two with an FM2. I am now renewing my FM2 and I assume it will all be carried out under the old law.

      It appears that as soon as the new law is implemented I should be qualified for permanent resident with the right to work and come and go as I please. Is this true? I would also assume as a permanent resident I will be able to apply for citizenship. As the old law says you can as an immigrato.

      Am I on the right track here with these statements?

    13. Yucatan Expatriate Services
      June 23, 2011

      Sharron, the new Law does not explain how the FM3 visas that have been issued before will be treated. It does not explain yet either if visitors will only have 180 days or if they will have specific categories that can last up to a year, like the current FM3´s. We still have to wait for the regulations to be published to learn more. After receiving your comment, we called our contacts at INM and they told us they do not know either. They said that the law is not in effect yet, so we shouldn´t worry about it and keep doing things the way we have been doing them.

    14. sharron
      June 23, 2011

      Adriana: Thanks for your comments. To use the old English proverb we will “let sleeping dogs lie” which means leave things as they are and not worry for the present.

    15. June 25, 2011

      I have lived and worked (with an addendum to my FM2) for 13 years. my FM2 is up for renewal in July and would really like to avoid paying the renewal fee. Any advice?

    16. Susan
      June 25, 2011

      How do you get temporary residence under the new laws i.e. does anything replace the FM3 for those who want to stay longer than 6 months?

      Susan

    17. June 26, 2011

      I have had an FM2 for 8 years. I applied for immigrado status and was denied. I was told by INM that I would have to complete two more years to complete the second five years and then apply for immigrado status. Is this their usual procedure? Thanks.

    18. June 27, 2011

      I am a UK citizen and am ‘inmigrado’ in Mexico. I am planning to go to the US on vacations in 6 weeks. If I present my FM2, am I right in thinking the airport immigation officials will accept this as per normal?

      Do you have any idea when the old FM2’s will no longer be accepted?

    19. Gary Schwartz
      June 28, 2011

      Regarding a first time Temporary resident visa, can I apply once I am living in Mexico or must I do so in the U.S. before moving?

    20. June 28, 2011

      Ken, if you are renewing your FM2 now, yes it will be carried out under the current law. With the new law, you can become permanent resident after 4 years with the FM2, which means you still need one more year (with this renewal you are doing it will be your 3rd year with FM2). About your other statements, you are right.

    21. June 28, 2011

      Robert, there is no way you can avoid paying the renewal fee. However, have you considered applying for “Inmigrado”? Once you are an “Inmigrado” you do not have to renew anymore. If you need further information, please contact me to adriana@yucatanyes.com

    22. June 28, 2011

      John, what you were told is correct; Immigrado status is granted after the 4th renewal of an FM2. Since you decided to change not after your 4th renewal and you started with FM2 all over again, you are in your 3rd year or 2nd renewal and you have to wait 2 more years or 2 more renewals.

    23. June 28, 2011

      Nigel, we are assuming you are an “Inmigrante” and not an “Inmigrado” since the FM2 is the same as “Inmigrante” not as “Inmigrado”. When you exit Mexico present your FM2 as you have done other times that you have travelled out of the country. What we have been told is that the FM2 expats have now, will be accepted until they have to renew it again and Immigration authorities grant them with the current FM2 at that time. If you have further questions please contact me to: adriana@yucatanyes.com

    24. garth purdy
      July 1, 2011

      Could you please notify me of future developments, and answers to the above ques., please ? Thanks

    25. July 1, 2011

      The mention regarding when the law will enter in effect should, in my humble opinion be at the beginning…not at the end…

    26. July 1, 2011

      Susan, it will be the “residente temporal”.

    27. July 1, 2011

      Gary, under the current laws you can obtain a temporary visa on Mexican consulates and then when you enter Mexico you have 30 days to present yourself at Immigration offices to obtain the definitive visa; or you can do all the process once you are in Mexico. However, with the new rules we have not been informed yet if this is going to change in any way.

    28. Yucatan Expatriate Services
      July 1, 2011

      Become a subscriber to YucatanYes.com and YucatanLiving.com and you will be notified when there is something new that is important. Both of them have “Subscribe” buttons on the left of the screen.

    29. Fernando
      July 12, 2011

      Buena Tarde,

      Soy un ciudadano Europeo soy matrimoniado legalmente con un ciudadano Mexicano hace un par de meses todavia Ya vivimos juntos en Europa hace dos años, gustaria de saber como hacer para adquirir una propriedad en Mérida, y de que forma, cuales son mis derechoss y obligaciones estando yo matrimoniado de ley con un ciudadano Mexicano / Good afternoon, I am a European citizen legally married to a Mexican citizen a couple of months ago. We have lived together in Europe for two years , I would like to know how to acquire a property in Merida, and what are my obligations and rights being married by law with a Mexican citizen.

    30. Dan
      July 27, 2011

      When will the new law go into effect?

    31. July 27, 2011

      In February 2011 I renewed my FM2 – the booklet was replaced by a new plastic card. The front of the card states “INMIGRANTE” and “The owner of this document is a resident in Mexico” is printed on the rear (in English and Spanish). As an owner of a business in Mexico with over 30 Mexican employees, specifically how will the new immigration law/changes effect me in the next year or two?

    32. Yucatan Expatriate Services
      July 28, 2011

      Dan, the new law is technically in effect, but the actual details have not been printed. Until they are, INM is operating under the old law. As soon as the law is printed, INM will be interpreting the changes and we will report on them immediately.

    33. Yucatan Expatriate Services
      July 28, 2011

      We are not sure yet, Gene. Still waiting for the new law to be printed and official… as soon as it is, we will be sitting down with our contacts in INM and getting all the details… and then we will tell you about them here. To be sure that you are updated as soon as we know anything, click on the Subscribe button and subscribe to our posts!

    34. July 28, 2011

      Fernando, para adquirir una propiedad en Mérida, un mexicano puede hacer una compra directa por medio de escritura. Tú como extranjero, en cambio, no puedes comprar propiedades de manera directa en Mérida, porque de acuerdo a las Leyes Mexicanas, la tierra que está a 50 km de la costa no puede ser adquirida por extranjeros. Lo que se hace en estos casos es que se constituye un fideicomiso y tú eres el beneficiario de ese fideicomiso, pero la propiedad de la casa la tiene una institución fiduciaria. El proceso de fideicomiso es más largo y más costoso que si un mexicano compra la propiedad.
      Para el Instituto Nacional de Migración en Yucatán, no se reconocen como matrimonios aquellos celebrados por personas del mismo sexo, por lo tanto, deberás tramitar tu visa FM3 o FM2 ya sea para trabajar aquí o demostrando que tienes recursos suficientes del extranjero para mantenerte sin trabajar y no como dependiente económico o familiar de tu pareja/
      To purchase a property in Merida, Mexicans can make a direct purchase through a deed. You as a foreigner, however, cannot directly buy property in Merida, because according to Mexican Law, the land that is 50 km from the coast cannot be acquired by non-Mexicans. What is done in these cases is establishing a trust and you are the beneficiary of that trust, but the owner of the property is a fiduciary institution. The trust process is longer and more expensive than if a Mexican purchases the property directly.
      The National Immigration Institute in Yucatan, does not recognize as marriages those formed by persons of the same sex, therefore, you must obtain your FM3 or FM2 visa either to work here or by showing that you have the sufficient resources from abroad to keep you out of work and not as economic dependant or relative of your partner.

    35. Cindy
      July 30, 2011

      Do you know when the new law will be in effect? My daughter was born in Mexico and my husband was denied renewal of his FM2 just wondering if we will have to leave Mexico or will he be protected under “Preservation of the Family unit”

    36. August 1, 2011

      Cindy, the new law should be in effect before the year ends. However, it would be interesting to know why was your husband denied with the FM2 because even if the “preservation of the family unit” is one of the main goals of the changes in the law, if he was denied his FM2 renewal it might be because of lack of documents that are important for Immigration authorities. If you need help for the procedure please contact me to adriana@yucatanyes.com

    37. Candice
      August 1, 2011

      Hi. I am going to be moving to the Yucatan in May of next year. My husband was deported to Mexico last year after living in the U.S. since he was 7. We are legally married and have been since 2005. We also have 3 children who will be moving with me as well. I am confused as to what kind of Visa I need to apply for to live and work in Mexico legally since my husband is a citizen of Mexico. Thank you for your help!

    38. August 1, 2011

      Candice, you and your children can apply for a category named: “Familiar de Mexicano” (family of a Mexican) which is an FM2. You will need to show your marriage certificate and your children´s birth certificates and your husband will need to prove he is a Mexican (with passport, voter´s card or birth certificate) and that he has the sufficient economic resources to maintain the four of you; unfortunately the minimum amount is not specified, this is under the criteria of the Immigration authorities. On the other hand, if you will be working here, you could apply for the FM3 or FM2 on your own and your children can apply as yours or as his. If you have more questions or help for the procedure contact me to: adriana@yucatanyes.com

    39. Allan
      October 18, 2011

      I’ve been living in Mexico for 9 years and I’ve been married to a Mexican for the past four years. I have an ‘Inmigrante’ (FM2) status (El extranjero Inmigrante reside en Mexico). In December I’ll be renewing my FM2 Inmigrante status for the third time. However, I heard – or read – that new changes to the immigration laws mean that I can now apply for permanent residency given that I’ve been married to a Mexican for over two years, and that I’m living in Mexico, of course. Do you know if this is the case or will I still have to keep renewing my FM2 for a couple more years? I’m not especially interested in obtaining Mexican citizenship.

    40. Betty
      October 18, 2011

      Allan, according to the new law, you should be able to get permanent residency. However, although the new law is technically in effect, the actual details have not been printed. Therefore, INM (Immigration) is still operating under the old law. We suggest that before applying in December, you check our website or send us an email to find out if the new regulations have been printed or if you should renew your current FM2 as you were doing it before.

    41. White Litening
      October 21, 2011

      If I am not in Mexico when my FM3 expires is there still a 60day grace period to return to Mexico for the renewal of my FM3. I am stuck in the US due to family business which will not be concluded until about 45 days after my FM3 expires.

      It is my understanding that as long as I return to Mexico within 60 days after expiration and get my passport stamped and use the FM3 exit paperwork I was given at the time of my departure and apply online for my FM3 renewal within the same 60 days that I am conforming to the law. Is this correct???

    42. October 26, 2011

      Yes, you are correct, there is a 60 day grace period after your FM3 expires if you are not in Mexico at the time of its expiration.

    43. Diego
      November 15, 2011

      I am a 58 years young male living in the USA since 1983. I am an American citizen (originally from South America) and am planning to retire within the next 4 years and open a business in Merida. My question is: is there any law that exclude foreigners who are HIV positive to apply for residence or any kind of migratory status? or retire in Merida? I have a pension from the States, a 401 K and savings to prove that I can be self-sufficient and in good health. I would appreciate an answer to my question before i invest my time and effort in searching for a suitable place.

    44. Yucatan Expatriate Services
      November 16, 2011

      Diego, we know of no reason why your visa to live in Mexico would not be approved. There are no health requirements for visa status. There are financial requirements, and you seem to be able to meet those. Just be aware that IMSS, the national healthcare system, does not accept members with pre-existing conditions, so that avenue may not be possible for you. But if you are able to pay for your healthcare, which is much less expensive in Mexico, then that should not be a problem. Come visit, and let us know if we can help you!

    45. Suzanne
      December 11, 2011

      Hi! Thanks for all the great info. My daughter is married to a Mexican and I have held an FM3 for over five years. Can I get citizenship based on her marriage? Or do I have to get my FM2 first? Thanks!

    46. December 15, 2011

      Suzanne, we are glad you find the information we publish useful, thank you! About your question: you can only obtain Mexican citizenship if you are married to a Mexican or have Mexican parents or Mexican children by birth. And you have to get your FM2 first and after 5 years with it you could claim citizenship by residence in Mexico.

    47. abdul
      December 29, 2011

      Hi,i have been in Mexico for five years now,i have been holding FM2 for 3yrs now, my 3rd renewal will be in May 2012,Now my question is i’m i eligible to apply for the citizenship and also if i get the permanent residence(imigrado)how long does it take to be get the citizenship.

    48. January 4, 2012

      Abdul, to apply for citizenship you need to show five full years with FM2. To obtain Mexican citizenship it takes from 3 to 6 months.

    49. May 28, 2012

      Hi Adriana,

      I wrote to you a year ago asking about the documents that a Permanent Resident needs to show when entering and leaving the country. I have always shown my FM2 along with my Carta de Declaratoria de Inmigrado (issued some 4 years ago), plus of course my UK passport. Is this still what Inmigración requests? Is my old FM2 still accepted?

    50. May 29, 2012

      Nigel, yes it is still accepted.

    51. Breezy
      July 7, 2012

      I have had my FM2 for 4 years and will renew in January. I am wondering if I can then apply for citizenship right after I receive it. I just read that it can be done after 4 years…is this true? Also, I have read that if you are over 65 you do not have to take the test on Mexican History…is this true? Thanks for all the help that you have given.

    52. July 9, 2012

      Breezy, the new Immigration rules published in May 2011 say after 4 years with FM2 you can apply for Mexican citizenship; however those rules have not entered into effect yet, so the old rules are still applying and those say you have to show you have had your FM2 for 5 years. After you have completed 5 full years with FM2 you can apply for Mexican citizenship within the next 6 months. No matter the age, you have to take the test on Mexican history, but it´s just 5 written questions!

    53. Breezy
      July 9, 2012

      Thanks for the information, you have cleared up some confusion.

    54. Abdul Azeem
      July 15, 2012

      Hi ,i’m an immigrado with four years with my FM2,i live with my fiance for almost two years in Mexico and we have a two months old daughter born in mexico (Mexican citizen). My fiance is a FM3 holder which expired about a month ago,she has not been able to renew it and is currently not working due to the pregnancy and the baby.
      Now my question is, is there any way she can switch from FM3 to FM2 by means of our daughter or by means of being dependant on me as an immigrado.
      Is the above possible without her renewing her FM3 if not , what would be the best way of renewing her FM3 without paying the multa for not renewing on time and taking into consideration the fact that she is currently unemployed at the moment due to the baby.

      Best regards

    55. July 16, 2012

      Abdul, for late renewal, she will have to pay penalties, either if she renews her FM3 or if she changes to an FM2, because she´s been “illegal” in the country. She can switch to FM2 as your economic dependant. However, you have to be married in order to apply for this type of visa, because you have to show your marriage certificate. If she renews her FM3 she will have to show bank statements with minimum income of 1,200 USD monthly. If she does not have that amount because she´s not currently working, then she can apply as your economic dependant and you will have to show income of at least 900 USD monthly dlls to support her plus the money to support you if you are “rentista”, which is 1,800 USD monthly. If you need additional information or help for the procedure, please e-mail me at adriana@yucatanyes.com.

    56. J
      August 7, 2012

      I’m an owner of a home in Los Cabos for five years. I have been getting my FM3 and FM2 in Rosarito, MX out of convenience and have been using my friend’s property in Rosarito as my address for the paperwork. Is it necessary to renew my FM2 in Los Cabos since that is where my property is?

    57. August 9, 2012

      J, Immigration rules state you should apply for your visa in the office closer to where your domicilie in Mexico is, so, if your domicile in Mexico is in Los Cabos, you should apply in the Los Cabos office.

    58. August 25, 2012

      Dear sirs

      iam searching seriously to Immigrate To new mexico and need your help on this matter

      please provide Me the requirements and the expenses

      rgds

    59. Raj
      August 28, 2012

      When will the new regulations take effect?????

      What is the status of the new regulations?????

    60. August 28, 2012

      Humer, there are different types of visa in order to immigrate to Mexico, each with different requirements and expenses. Our advice is that you download our Immigration Guide which will give you a better idea of the visas there are so you can choose the one that fits your needs: http://www.yucatanexpatriateservices.com/category/expatriate-guides. If after purchasing and reading through it, you still have questions, please contact me at adriana@yucatanyes.com

    61. August 28, 2012

      Raj, according to the last information we received from Immigration authorities in Mexico city, the new regulations may take effect between December 2012 and January 2013.

    62. Raj
      August 28, 2012

      Thanks Adriana

    63. Prashanth Joshi
      September 19, 2012

      Hello ,

      I have Mexico business visa which is valid up to November 2012, I need FM3 for my work to work more than 6 months .

      I had applied for Work Permit in Mexico . At first time it got rejected.

      So I applied for another time. Now on INM website its status is going fine but my VISA consultant told me that It will also get rejected as Processes / Rule are changed because of which I need to aggain apply within 30 days of FMM expires.

      Is this information true?

      I have several questions in mind
      1. If it is rejected after my Business Visa or FMM expires (FMM has 180 days written) Can i apply again though .
      2. Will I be deported in condition Business Visa / FMM is expired
      3. Any good Suggestions

      Thank in Advance !

    64. September 20, 2012

      Prashanth Joshi, unfortunately we cannot provide you with accurate information because we are not familiar with your specific situtation; however, we can tell you that if your application is rejected after your FMM expires, you´ll have to leave the country; Immigration will provide you with a letter instead of the expired FMM and will give you an amount of days to leave. If you are applying in Yucatan, we could have an appointment in which you could explain us a little bit more so we can give you some suggestions. If you need more information, please contact me at adriana@yucatanyes.com

    65. Orm
      October 23, 2012

      Hi

      Thanks for the article, it’s a great help.

      Can I assume that the type of visa you will require is to be stated at the entry point. Whereas before it’s possible to enter on an FM-T and then apply for an FM-3.

      Now do we need to make it clear when we arrive at the airport that we are entering under a Visitor or Temp Visitor status and then we have a specific amount of time to go to INM and put the application in?

    66. October 24, 2012

      Orm, at the entry point in Mexico you´ll have to inform to Immigration officers what is the purpose of your trip and if you are entering under a visitor, temporary or permanent resident status; after that within the next 30 days you have to go to the nearest Immigration office to your domicile and get the card (just in the case of the temporary and permanent visas).

    67. Nigel Cundale
      October 25, 2012

      Hi Adriana,

      I last posted on May 28th about inmigrados showing an FM2 along with their passport when leaving/entering the country. Although you say it’s still valid, the INM airport officials told me I’d HAVE TO get a Permanent Residence card. They obviously aren’t very happy to keep stamping FM2’s.

      Do you have a weblink that specifies the process for changing from inmigrado to permanent resident?

      Many thanks once again.

    68. Susan
      October 25, 2012

      Hey there! what are the penalties for not renewing your Fm2 on time? thanks for the help!

    69. Susan
      October 25, 2012

      is it possible to be deported if i go to INM and try to renew it!

    70. Yucatan Expatriate Services
      October 26, 2012

      No, you will not be deported… you will have to pay a fine, however.

    71. Susan
      October 26, 2012

      As a pensioner and owning land (fidiecomiso), can I get Immigrado status without having lived in Mexico ?

    72. October 26, 2012

      Nigel, a permanent resident card will be valid starting Nov. 9th and it will replace the inmigrado status you have. At this time it is still “Inmigrado” card. You could change the FM2 booklet you have for the “Inmigrado” card now or wait until Nov. 9th to get the permanent resident card, although it has not been estalished yet how this process will be.

    73. October 26, 2012

      Susan, penalties can go from 1 to 100 minimum salaries (62.33 pesos is the minimum salary in 2012) although we do not know the criteria Immigration uses to determine the penalty for each case. In our experience, if you delay in renewing one month for example, penalties will be between 1,500 and 2000 pesos.

    74. October 26, 2012

      Susan, to get the current Inmigrado status you need to show you have had FM2 for 5 years. The new rules however, say 4 years as a temporary resident (among other options). We still don´t know if you can get permanent residency just by being a pensioner and owning land without having lived in Mexico, this is something that will be treated in the yet to be published “Manual de Criterios”.

    75. andres
      November 9, 2012

      hola , me gustaria saber si la nueva ley de inmigracion favovoreceria a los cubanos q actualmente se encuentran detenidos en mexico y no seran deportados a cuba ? gracias

    76. December 1, 2012

      is there a charge for the permanent resident status after having an FM3 for over 5 years

    77. December 4, 2012

      Marion, the charges to change from temporary residence to permanent residence are: $ 1,000 pesos for the process fee at immigration and if it is appoved the fee for permanent residence is $ 3,815 pesos.

    78. Yucatan Expatriate Services
      December 4, 2012

      Andres, esta información tendría que tratarse por caso y directamente con Migracion.

    79. IRFAN RASHID
      January 10, 2013

      According to my understanding now we have FM2 so when we renew we will not get FM2 again, or ?
      i have a mexican child here too so i will be able to get mexican passport in 2 years.

    80. January 11, 2013

      Irfan, if you have had the FM2 (and/or FM3) for less than 4 years, you will be applying for a temporary resident visa; if you have completed 4 years with FM2 (and/or FM3) you will be applying for a permanent resident visa. Also if you can fulfill the minimum income requirement you could apply for permanent resident visa and given that you have a Mexican child you can also apply for permanent resident visa.

    81. Tiffany
      January 24, 2013

      Hello,

      Are there any updates on the new laws for acquiring a temporary resident visa? I’m moving to Mexico in August and I’d like to apply for the temp. resident visa before the 180 day restricted visitors visa.

      Have the requirements for the temp resident visa been posted yet? I am a freelance consultant, not a retiree on a pension…do I need to maintain a minimum monthly income?

      Thanks!

    82. January 28, 2013

      Tiffany, the guidelines of the law were published on November 8th 2012. We invite you to subscribe to our newsletter where you will be notified when we publish our Immigration Guide, which will describe the new Immigration laws. We will publish it within the next month.

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