Thursday, November 29, 2012

New Rules and Procedures for Immigration, Visiting, and Staying in Mexico




yucalandia.wordpress.com

Nov. 28, 2012 Updates
Effective Nov. 9, 2012: The INM started using the 2011 Law (Ley de Imigracion), with the regulations spelled out in the Reglamento, refined by the details in 2 separate Lineamientos.     All together, these paper bombs occupy roughly over 400 pages of government-speak legalese in Spanish.
This article describes and summarizes the new issues visitors and foreign residents are currently working with when visiting or living in Mexico, including: How to Apply for Temporary Residency (Residente Temporal) or Permanent Residency (Residente Permanente).
Since INM is changing and adjusting procedures daily as they implement the new Law, we will be UPDATING THIS ARTICLE REGULARLY to track the ongoing changes.**   As the changes settle down, and as Regional INM offices issue rulings and clarifications, there willbe a consistent set of procedures for using the 2011 “new” INM Law. In the meantime Yucalandia is using:
~ this NEW master Immigration to Mexico and Visiting Mexico article   ~
to cover all the current procedures and details on How to Do It .   Our older articles and posts on The New INM Law, etc  have very valuable comments so we maintain them.  The old FMM, FM2 & FM3 article is still maintained, because EVERYONE who still has an FM2 or FM3 are still bound by the terms of their current INM permit,  until these old FM2s and FM3s expire – meaning we have 2 sets of laws and rules in operation until Nov. 9, 2013. The following sections describe the current “new” basic requirements and procedures.
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**November 26, 2012 Update
There is news out of SMA INM that INM will be shifting to now consider total time spent on our INM permits, when we apply for Permanent Resident. This reliable source (a professional facilitator who works with gringos and INM), says that the previous INM permits have to be continuous, with no break between visas/permits, no expired permits, and no fines on their permits.    We are told this is a national change.   Mexico City will be reviewing the requests.
This means that if you had 3 years on a FM-3 and completed 1 on a FM-2, together they would meet the requirements for Residente Permanente
We are still  waiting to hear final confirmations of this info – out of D.F.’s INM office, but if this is correct, then things become much easier for expats wanting to stay here on Permanent Residency cards.
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Back to the Main Article:
The 2011 INM “New” Law basically has 5 new categories of immigration permits for Mexico: VisitanteVisitante EstudianteResidente Temporal, and Residente Permanente, and Visa*.   The titles of each type of permit describes what it is for: Visitor, Temporary Resident, and Permanent Resident.
***Want to go into the details and definitions of each type? Jump down to specific descriptions and definitions listed several “page-downs” below.***
For now? Let’s just jump into how to file for residency for people who already have an FM2 or FM3:
Go to the current INM webpage for applications, and enter your personal information into the INM computer database at:
INMs Online Site for Applying for an Residente Temporal, Residente Permanente, or extensions of them: (http://inami.gob.mx/index.php/page/Solicitud_de_Estancia).  We provide you translations of the applicable important fields, and direct you on which options to choose, like “Renew my Temporary Residency” … But because these instructions are quite long,   we moved these instructions on filling-out the online form… to the very end of this article.  (We welcome you to hold the “Ctrl” key and hit “End” to go there in just 2 key strokes.)
Basically, on this INM webpage, you enter your personal information, check the boxes to apply for the status or changes you want, and get a Pieza Number:  Print the page with thePieza Number or write down the number.   The specific answers to common questions on the INM OnLine application, again, are listed at the end of this article.
At the end of the on-line application process, there is an option where you can push a button that displays the information you entered and lets you save it as a pdf file. If you print this page and bring it with you to your first INM visit, INM can more quickly verify & confirm your personal information.
Things to take along with you to your local INM office in Mexico:
1. A letter addressed to your INM office’s delegado requesting the type of INM permit (visitor or residency card) you want (see below). Note: ” Residente Temporal ” (described below) is the official name of the category that corresponds to the old FM3 No Inmigranteand the old FM2 Inmigrante).   This letter may not be necessary at all INM offices under the new rules…  Existing FM2 and FM3 holders are encouraged to bring in a letter describing that they want a “Renovación” of their existing INM permit.
2. Your passport and copies of the first key pages of your passport,
3. A copy of a comprobante (Telmex, JAPAY, CFE etc bill) to prove your address (or renters can bring a letter from your landlord),
4. New applicants should bring copies of either the most recent 6 or 12 months of bank / financial statements to show income deposits … pension deposits …. or on-going average balances … that prove your fiscal independence as described below in the section: Various Types of Proof of Financial Independence for Residency Applicants:***
Applicants who are doing a  “renovación” renewal of their existing FM2 or FM3, generally do not have to bring in bank statements on the first trip to INM.
5. Your current INM permit or card (keep a copy for your personal use while INM processes your app. You may need official proof of an FM2 or FM3 with the police or other Mexican authorities while INM is processing your application). If you are applying for your first Residency Card, and went to your home Consular office, they gave you an actual visa that you need to bring with you to your INM office in Mexico.
Related Hint: it is good to keep an extra foto- copy of your INM permit throughout the year, because it is much easier to replace a lost permit if you have a copy.
6. Bring Your Pieza Number (from your INM web application) and possibly your personal info page that you might have printed from the INM website.
7. If you have applied for the Residente Temporal from outside of Mexico, then bring your Visitante permit you got from INM when entering Mexico, along with the Visa form given to you by your Mexican Consulate back home. (Applicants who lose their Visitante permits generally pay a fine.)
Some INM offices are also now having applicants complete a Formato Básico on their first visit. During a later visit to INM, they will request that you bring ID fotos: 2 front and 2 right profiles, infantile size color fotos, – as always – with hair pulled back from your face (no bangs) and hair off your ears, and no jewelry – where they use the fotos to make your new laminated Residency Card.
One significant change made by the 2011 “new” law is:
Visitors inside Mexico on tourist / Visitante permits CANNOT apply to change immigration status while still inside Mexico. Visitantes must apply at a Consulate in their home country ~ or a country where they have a valid residency permit ~ first ~ to make any changes in their immigration status (estancia), or to apply for their first Residente Temporal or Residente Permanente status.   The Mexican consulates accept applications, but do not issue Residency permits. Instead they just start the Residency process, and they give you a temporary Visa document to fly into Mexico with.   Visitantes make their applications and pay fees at their local Mexican Consulate, generally in their home country,   and then the Consulate issues a special temporary Visa  for the Visitante to submit with your passport when you next enter Mexico. Visitantes then have 180 days to travel to Mexico to continue the process.   After going to Mexico, Visitantes must then visit their local INM office within 30 days of entering Mexico to complete the process of getting their Residente – Tarjeta de Residencia permit.
As a part of this process, after your Consulate issues the special Visitante visa to come to Mexico and apply for residency, then new Residency applicants  do go online to enter their personal data on the INM website, using our instructions listed at the end of this article.
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Notes:
*In the 2011 INM law, “Visa” is not a general term for a permit to stay in a country (as used in English), instead, “Visa” is a special entry permit issued by Mexican Consulates prior to traveling to Mexico. Visas are issued to people wanting Residency in Mexico, or to people from countries with no immigration treaties with Mexico.
**There are special procedures for foreigners who are fleeing persecution, seeking asylum, etc.. These applicants are titled “visitante por razones humanitarias” in the 2011 “New” Law. Since the procedures for asylum seekers and political refugees are very different and lengthy, we do not describe them in this article. Please see either an attorney or the 2011 Law, Reglamento, and Lineamientos for descriptions of the T’s and C’s and how to apply.
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Your First Visit in Mexico to your INM Office: 
Complete the previously described on-line application, bring the correct documents, and INM will typically accept your submissions and print you a NUT number along with a password on your first office visit. KEEP THE NUT and password, as you will need them. Your previous online application is only for entering information, and it does not qualify as applying for a residency card/permit. Your official application date (or renewal date) is the date of when your local INM office issues you the NUT & password. The NUT number signifies that you have actually formally started the application process, which is important if you are trying to beat a deadline for an expiring INM permit (card).  If your application is a first time application, INM may ask you to pay a one-time $1,000 peso application fee.  You simply take the INM notice with the $1000 peso fee, to any Mexican bank, pay the bank the fee.  The Bank will give you a Notice/Receipt that documents the successful payment of the fee.   Take that Notice with you to INM on your next visit.
You then go home and wait, daily checking the INM website, using your NUT & password to monitor the status of your application. INM will notify you to come back into the office to … get your payment document to take to a bank and submit payment, (you pay a one-time $1000 peso application fee for Residente Temporal), to get the list of ID foto requirements, answer outstanding/unresolved questions, and newbies may be asked to submit 2 letters from Mexicans certifying that you are not an ax murderer, etc.
*grin*
Later, after they approve all your documents, they will have you return for fingerprinting, and they give you another form to take to the bank and pay $3,185 pesos for one year of aResidente Temporal permit. You can pay for up to 4 years to avoid future INM visits. The fee schedule is listed further down in this article.
~ easy peasy ~
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Entering Mexico with Children
Both the US Customs and Border Patrol (CBP) and the Canadian government advise bringing a notarized letter from a parent who is not traveling with the children. The letter should certify that the children have their parent(s) permission to travel with the other parent. https://help.cbp.gov/…w/parental%20consent.
CBP advises:
“… There is not a CBP Form letter, however, the parental consent letter should include: Who, What, Where, When, Why, and contact information for the absent parent(s). 
Having the letter notarized is not necessary but highly recommended. For frequent border crossers, the letter should not exceed one year. It is recommended to have the letter in English. …” https://help.cbp.gov/…ntal%20consent/sno/1
The Canadian Govt also advises that parents taking children to Mexico:
“…travelers visiting Mexico with children should carry:
a valid passport for each child as required above;
if a child is traveling with only one parent, a notarized authorization signed by the other parent;
if a child is traveling with a person other than a parent, a notarized authorization signed by both parents stating the name of the adult travel companion;
The child’s long-form birth certificate if the name of only one parent appears on it.
 …”
* Note => No pre-approved visa is needed to enter Mexico as a tourist from the following countries: (Just bring your passport and fill out a Formato Basico at any port of entry.)
If you are a citizen of Andorra, Argentina, Aruba, Australia, Austria, Bahamas, Belgium, Bulgaria, Canada, Chile, Costa Rica, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hong Kong, Hungary, Ireland, Iceland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Puerto Rico, Romania, San Marino, Singapore, Slovakia, Slovenia, Spain, South Korea, Sweden, Switzerland, The United States of America, Uruguay or Venezuela ~ then you need no pre-approved visa, and just travel to Mexico and get your “visa” (actually it is an INM permit) when you arrive in Mexico.
Citizens of all other countries must get prior Mexican Gobierno approval to enter Mexico. (Prior approval = getting an actual visa from Mexico to approve their entry into Mexico,before traveling.)
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What Can I Bring Into Mexico:
Take a look at our article on What You Can Bring Into Mexico at:http://yucalandia.wordpress.com/answers-to-common-questions/what-can-i-bring-into-mexico-mexican-customs-rules-the-article/ . The article includes links to official Mex. Gob. websites that describe the process. If you need a government website in English, (but it’s information is a little out of date) check out this joint INM & Aduana webpage pamphlet describing the general rules for entering Mexico – in English:http://www.sectur.gob.mx/work/models/secturing/Resource/14119/ingles.pdf. Basically, you are allowed personal items (clothing, toiletries, etc), plus $300 per person in dutiable goods (with receipts) by plane and $50 per person by car. Importing by seaport, or importing over $3,000 USD in dutiable goods requires using a customs agent. Forbidden Items: Fresh fruits, fresh or cured meats, fresh vegetables, grease, cheeses, guns, bullets, knives that are not utilitarian (obvious kitchen knife = OK, but K-Bar military knife = NOT). Personal prescription medications generally require a written prescription from the doctor, and pills in the original bottles. US Schedule 2 and Schedule 3 drugs can be problematic to import.
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Various Types of Proof of Financial Independence for Residency Applicants:
Note:  ALL income or property value INM requirements are applied as Mexican Peso amounts based on your application date’s current General Minimum Wage for Mexico City.      For our reader’s convenience,   we do provide the  $$$ requirements using the Nov 2012 Minimum Wage figure ($62.33 pesos per day) and a rough 13:1 Peso to USD exchange rate.
**Residente Temporal Income or Deposits or Bank Balance Requirements:
(Manual/Lineamientos Article 41)
Documentation of Proof of Financial Independence by Average Bank Balance: Provide 12 months of original bank or investment account statements (plus copies) as proof savings/investments, to show minimum Average Monthly Balance amounts equivalent to twenty thousand days of the general minimum wage in the District Federal for the previous twelve months…
… Average Monthly Balance of at least : about $96,000 USD (exactly$1,246,600 MXN pesos) at $13:1 MXN:USD for Residente Temporal.
or Using Method of Monthly  Deposits of Income or Pension Receipts: (Resident Temporal)
~ Have minimum pension or salary deposits/income that is the equivalent of four hundred days worth of the current minimum wage in the Federal District, for each of the previous six months – with original and copies of original bank statement for one Residente Temporal.
Current DF general minimum wages of $62.33 MXN pesos per day, converted at the current exchange rate of 13.00 pesos to US dollars, for 400 days of wages:
~ About $1,920 USD (exactly $24,932 pesos) per month of regular Deposits ~to qualify for Residente Temporal
This is a significant bump up from the previous $1,200 USD per month expectation, but
~ ALMOST ALL INM offices are NOT requiring proof of income from existing FM2 or FM3 holders…   and   ALMOST ALL INM offices are dividing the income requirements in HALF for applicants who own property in Mexico – which lowers the bar to just $950 USD in income requirements for typical expats already living in Mexico:  a 25% REDUCTION in income required….   Sweeet ~  They want us to stay !
Residente Temporal Income or Deposits or Bank Balance Requirements for Family Members of a Mexican Citizen:
Using average minimum required monthly Account balance for 6 months: 300 days x $62.33 MW = $18,699 pesos for Residente Temporal applicants, ($480 USDs @ 13:1).
Using minimum required monthly pension or income: 100 days x $62.33 MW = $6,233 pesos for Residente Temporal applicants, documented by 6 months of Bank statements($480 USDs @ 13:1).
or
Using Method of Owning Real Estate Property in Mexico: (Residente Temporal)
~ Own/have real property trustee rights, with a value equivalent to forty thousand days of general minimum wage in the Federal District, with original and copy of written proof from a Notario. At the current $13:1 MXN:USD exchange rate, this translates to:
… About $192,000 USD (exactly $2,493,200 pesos) worth of property for one Residente Temporal.
Note that by our readings of the Lineamientos, this real estate ownership clause applies to applicants who are here on “humanitarian reasons” (refugees & asylum seekers) or for foreigners whose INM permit expired or who committed “activities not authorized” by their current INM permit.
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Re Spouses and Dependents Effects on the Income/Deposit Requirements:(Residente Temporal)
A good Mexican lawyer has noted in our comments on Surviving Yucatan that dependents or multiple applicants in the same family are factored in by adding: “another 100 SMG ($62.3 x 100 = $6,230 pesos or $500 USD) for (Residente Temporal) based on a bond with another (primary applicant Resident Temporal).
This formula comes from the Lineamientos, Tramite 5: Visa de Residencia Temporal: Requisito IV: Section d, Item 1, iii.
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Residente Permanente Income or Deposits or Bank Balance Requirements:
(Manual/Lineamientos Article 44)
Documentation of Proof of Financial Independence by Average Bank Balance: Provide the 12 months of original bank statements (plus copies) as proof of income or savings/investments, to show equivalent to twenty five thousand days of the general minimum wage in the District Federal for the previous twelve months…
… Average Monthly Balance of about $120,000 USD (exactly $1,558,250 pesos) at $13:1 MXN:USD for Residente Permanente.
or
Using Method of Regular Deposits of Income or Pension Receipts: (Residente Permanente)
~ Have minimum pension income that is the equivalent of five hundred days worth of the current minimum wage in the Federal District, for each of the previous six months – with original and copies of original bank statement. This translates to:
… about $2,400 USD (exactly $31,165 pesos) a month of regular deposits for one Residente Permanente.
Re Spouses and Dependents Effects on the Income/Deposit Requirements:(Residente Permanente)
A good Mexican lawyer has noted in our comments on Surviving Yucatan that dependents or multiple applicants in the same family are factored in by adding: “another 100 SMG ($62.3 x 100 = $6230 pesos or $500 USD) for (Residente Permanente) based on a bond with another (primary applicant Resident Permanente).” Here at Yucalandia, we could not find a reference/citation in the Lineamientos to support using this Spouse/Dependent clause in the Residente Permanente sections of the rules. I think we need to hear from Lawyer Freimuth about where he found this information, or maybe we misunderstand how Spouses and Dependents of Residente Permanentes are handled? Put that one on the To-Do list….
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Need Help ??
The INM now answers questions over the fone:
Immigration Hotline
01-800-004-6264
24 hours / day and 7 days a week.
They answer quickly and a few speak English.
Special Thanks! to John Garvin for being persistent to ferret out and share this tasty update.
Why did John call them?
To find out that: “the time on a FM-3 does not count. Time on a FM-2 does count towards Permanent Resident.
This confirms what Cancun INM agents told us last week, but it contradicts reports about how 2 other regional INM offices have initially answered this key question.
Thanks John!
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Issues Related to Foreigners with Foreign Plated Cars in Mexico:
Since auto import permit issues are controlled by Aduana, there is no news yet about howAduana / Banjercito will decide to change their import permit policies to fit the newResidente Temporal and Residente Permanente categories created by INM in 2012. Further, since the Reglamento still does not cover all the specifics of how the 2012 INM law will be implemented, we will all have to keep waiting a little longer to see the specifics that are currently published in INM’s new Manual.
So far, we have only rumors (hopes) that there might be a brief vehicle “amnesty” (as has happened in the past), to allow foreigners to resolve any problems with their Aduana permits, as they re-align the Aduana/Banjercito rules to accommodate the new INM categories and new INM rules. The option to pay for up to 4 years of Residente Temporal will sure make the current annual Aduana permit renewal a whole lot easier. Pay once now for a 4 year INM permit, and get 4 years registered (padded onto) your Aduana vehicle permit’s expiration date.
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INM Permit (Tarjeta de Residencia) fees from Article 80, Ley Federal de Derechos (D.O.F. Sept. 4, 2012):
Artículo 8o. Por la expedición del documento migratorio que acredita la condición de estancia se
pagarán derechos conforme a las siguientes cuotas:
I. Visitante sin permiso para realizar actividades remuneradas …………………… $295.00
II. Visitante con permiso para realizar actividades remuneradas ……………… $2,350.00
III. Visitante Regional ……………………………………………………………………………… $295.00
IV. Visitante Trabajador Fronterizo ………………………………………………………… $295.00
V. Visitante con fines de adopción ………………………………………………………… $2,280.00
VI. Residente Temporal:
a). Hasta un año ………………………………………………………………………………. $3,130.00
b). Dos años …………………………………………………………………………………… $4,690.00
c). Tres años ………………………………………………………………………………… $5,940.00
d). Cuatro años ……………………………………………………………………………… $7,040.00
VII. Residente Permanente …………………………………………………………… $3,815.00
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Bored with too many details? The Mexican Embassy in Denmark has provided even more significant details, including the specific requirements for how to import household goods into Mexico.
Read about this at the end of this article.
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Interested in Working In Mexico? General INM Qualifications for Working in Mexico
by type of INM permit:

Check out the Lineamientos:
Artículo 60. Las condiciones de estancia que cuentan con permiso de trabajo son las siguientes:
I. Residente temporal cuando se adquiera por oferta de empleo;
II. Residente permanente;
III. Visitante con permiso para realizar actividades remuneradas;
IV. Visitante trabajador fronterizo, y
V. Visitante por razones humanitarias
Article 60 roughly translates as:
Article 60. Conditions/Applicants allowed to have a work permit are:
I. Temporary resident with valid documentation of a job offer from a Mexican employer;
II. Permanent residents are approved to work.
III. Visitante permit holders with permission to engage in paid work activities;
IV. Formally approved guest workers in the Border region, and
V. Visitante permit holders in Mexico on humanitarian grounds
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Overview: (Why a “New” Law)
The main focus of the new 2011 Ley de Migración was clearly directed towards improving protections and documenting protections and rules targeted to migrants from Belize, Guatamala, Honduras, etc as they traverse Mexico (on their way north?).
The new law has bundles of changes affecting ex-pats that dwarf the May 2010 INM rule changes, and some of them affect expats living in Mexico and visitors to Mexico. If you enjoy reading pages of legalese in Spanish, enjoy translating:
LEY DE MIGRACION PARA MEXICO
For starters, here’s a partial list of some of the new interesting twists:
No more FM2′s or FM3′s, no more stand-alone Non-Inmigrante & Inmigrante categories, and there’s a tweaked Inmigrado category (now called Residente Permanente). Tourists and other typical Visitors descriptions have not changed much, but the rules for applications have changed.
Instead of the old “Inmigrante” & “No Inmigrante” (FM’2 & FM3′s), there are 4 new categories:
***”Visitante“: 6 Types: Non-Working Visitors (tourist), Working Visitors, and Visitors for Adoptions, Humanitarian, etc. 180 day limit. See Chapter 2, Article 52, Items I – VI of the Law for descriptions of all 6 types.
***”Residente Temporal“: Covers the old “No Inmigrante” (old FM3) , 4 year limit per Residente Temporal permit, Work Permit possible, Leave and Re-enter as many times as desired. This also seems to include the old “Inmigrante” FM2 “Rentistas” ***
See Chapter 2, Article 52, Item VII
***”Residente Temporal Estudiante“: Covers Student Studies, Research, Training, including working on university degrees.
See Chapter 2, Article 52, Item VIII
***”Residente Permanente“: Several types: Covers the old “Inmigrado” and a few special “No Inmigrantes” (the old FM3s for asylum seekers & refugees ), and it appears to cover working “Inmigrantes”**. It allows indefinite stays, no need to renew, and includes the right to work, with no approvals or work permits needed.
See Chapter 2, Article 52, Item IX
and Transitorios, Sexto, I – VI (see more below)**
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Other Categories/Qualifications that Permit a Foreigner to Become a Residente Temporal:
~ Having a familiar bond with another Temporary or Permanent Resident or a marital (or equivalent) bond with a Mexican (parent. child, or spouse of a Mexican citizen),
~ Owning (or Fideicomiso) at least $2,493,200 MXN pesos of real estate property in Mexico (about $195,000.00 USD),
~ Participating/Owning at least a $100,000.00 USD share in a Mexican company,
~ Owning over $100,000.00 USD of heavy equipment or machinery in Mexico, … or …
~ Operating a business in Mexico and that legally creates at least 5 jobs for Mexicans.
Meeting any of these qualifications is enough to apply for a Residente Temporal card.
Readers desiring more details and specifics can read either Mark Topliss’s copy of the applicable section of the Transitorios in the Lineamientos in the comments below this article, or they can go to the original text at Tramite 5: Visa de Residencia Temporal: Requisito IV: Section d, Items 1 – 3 : at http://dof.gob.mx/nota_detalle.php?codigo=5276967&fecha=08/11/2012 Google Translate does a passable job of translating this text if you want to drag and drop.
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Other Categories/Qualifications that Permit a Foreigner to Become a Residente Permanente:
~ Having a familiar bond with another Temporary or Permanent Resident or a marital (or equivalent) bond with a Mexican (parent, child, or spouse of a Mexican citizen),
~ Having a parent-child bond with another Permanent Resident, … or …
~ Having enough points awarded for exercising some special skill that benefits Mexico, though the points system has not been officially defined yet.
Meeting any of these qualifications is enough to apply for a Residente Permanente card, along with accompanying requirements, like spouses of Mexicans must prove that they have been married for at least 2 years and also have completed 2 years of Residente Temporal while legally married.
Again, special thanks to Solomon Freimuth** for his fine efforts in identifying these additional qualifying factors towards getting Residency. As an informational and educational website, Surviving Yucatan is not a legal source of material, while Attorney Freimuth’s advice carries the burden of being legally accurate, so, we believe a visit to either use Solomon’s services or to use his website** are good things – but different from our mission here at Surviving Yucatan.
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**To read a sharp Mexican Attorney’s carefully studied and INM verified expert views on the Reglamento, the 2011 Law, and the Lineamientos, see: My Mexican Lawyer: New Mexican Immigration Law comes into effect in November ~ http://dof.gob.mx/nota_to_imagen_fs.php?cod_diario=248552&pagina=1&seccion=1 andMy Mexican Lawyer: Getting a visa to live in Mexico and My Mexican Lawyer: Changing or renewing FM3/FM2 to Temporary or Permanent Resident Card … by Attorney and Surviving Yucatan contributor Solomon Freimuth.
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Specific Legal References for Significant Changes That Affect Expats:
Expats outside of Mexico who have no FM2 or FM3, now begin the Residency Application process by applying online before they travel or apply at their Mexican Consulates, and then continue their applications within 30 days of entering Mexico.
Permanent residency can be granted after just 4 years of Temporary Residency vs. the previous 5 year FM2 requirement.
Permanent residency can also be granted after 2 years of marriage or common law relationship with Mexican citizen, (with such marriage also recognized by the Mexican Government by successfully registering a foreign marriage with your Registro Civil). Such Permanent Residency also depends on the applicant successfully completing 2 years of Temporary Residency (concurrent with the marriage). See Article 141 of the Reglamento for more details. Current reports from INM say that prior FM2 years count towards the temporary residency requirements to apply for Residente Permanente.
Article 53. Visitors, except those for humanitarian reasons and those who have links with Mexican or regular resident alien in Mexico, can not change status of residence and will have to leave the country on or before the end of the period of their authorized stay.
Article 55, Item II
Permanent residency can also be granted to concubinos/concubinas after 2 years of Mexican bliss (as a part of the 2 years of Temporary Residency). Concubines are the Mexican legal version that is similar to partners in US Common Law marriages – but without any social stigma.
Article 55, Item III
Permanent residency can be awarded with less than 4 years of residency, if the applicant qualifies under the new Points System** (based on what special qualifications/abilities you can offer to Mexico).
Article 57
There are new ID cards, called “Tarjeta de Residencia” (as “Temporal” or “Permanente”).
Article 28, Item XXVIII
**Mexico has introduced a new Points System for permanent resident applicants who would like to be granted residency before the standard 4 year temporary residency requirements. The Points can be awarded based on level of education, work experience, skills in areas related to the development of science and technology, international surveys, and the skills to develop activities that are required by Mexico. Article 57, Item II.
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All current Inmigrado and No Inmigrado permits (FM2′s &FM3′s) will remain valid until their expiration dates (see your “Vencimiento” on page 7 of FM2′s = Fecha de Caucidad), and people holding current FM2′s and FM3′s will only have to comply with the new rules when they apply for renewals when the new system is finally implemented.
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Additional information on how the new categories line up with parts of the old categories:
The Diario Oficial website includes a Transitorios section (listed after Article 162 in the 2011 Law) that governed the period between May 26 and whenever INM issues and implements the new regulations.
On the issue of “Permanente Residente” / old “Inmigrado”, the new law’s Transitorio section reads:
After Article 162: “Transitorios, Sexto: VI. Los extranjeros que hayan obtenido la calidad migratoria de inmigrado, se equipararán al Residente permanente. “
This translates to:
” VI. Foreigners who have obtained the immigration status of “inmigrado”, are deemed equivalent to Permanent Resident status. “
Continuing on the issue of “Permanente Residente” / and some “No Inmigrantes” (some of the old FM3s), the new law reads:
After Article 162: “Transitorios, Sexto: IV. Los extranjeros que hayan obtenido la calidad migratoria de No inmigrante, dentro las características de asilado político y refugiado, se equipararán al Residente permanente;
This translates to:
“IV. Foreigners who have obtained the immigration status of “No inmigrante” (old FM3), who meet the characteristics of political asylum and refugees, are deemed equivalent to Permanent Resident status.”
Going to the issue of “Temporal Residente” / some “Inmigrantes” (some old FM2s, including “Rentista”(?) ), the new law reads:
***After Article 162: “Transitorios, Sexto: V. Los extranjeros que hayan obtenido la calidad migratoria de Inmigrante, dentro las características de rentista, inversionista, profesional, cargo de confianza, científico, técnico, familiar, artista y deportista o asimilados, se equipararán al Residente temporal, 
This translates to:
“V. Foreigners who have obtained the immigration status of “Inmigrante” (old FM2), who meet the characteristics “Rentista” (financier), investor, professional position of trust, scientific, technical, family, artist, sports athelete or similar, be equated to Temporary Resident status. Note that Inmigrante Rentista, Inmigrante Cientifico, etc have special legal meanings as, typically people who are not working, or are working as unpaid professionals.
These refined sub-categories and definitions make some sense, and offer some continuity with past categories and more definitions within the new law.
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Immigration Requirements that Relate to Becoming a Naturalized Citizen:
Once you become a Residente Temporal, then following the 4 year qualification period, you may change to full Permanent Residency (Residente Permanente) status or apply to become a Naturalized Citizen.* When your Naturalized Citizenship status has been approved, you are entitled to full rights (e.g. access to IMSS illness benefits) and responsibilities (e.g. pay income taxes) as any other Mexican citizen, and you can work freely etc. Naturalized citizens are also allowed to vote in Mexican elections.
Current versions of SRE’s official rules and regs for becoming a naturalized citizen can be found at: http://www.sre.gob.mx and SRE’s Webpage on Citizenship Requirements (http://www.sre.gob.mx/index.php/carta-de-naturalizacion-por-residencia)= Note that citizenship applications are made before the expiration of the Inmigrante (FM2) – with at least 6 months left on the current INM permit.
Since the early 1990′s, official written US Govt. policy is that as long as you do notformally renounce your US citizenship by going to a US Consulate and submitting a written renunciation, then you do not need to surrender your national passport, (under either Mexican or US law), whether you remain a resident-alien or apply for citizenship. You can continue to use your US/Canadian passport when you return to your home country for visits, which allows you to also return to your home country to live there again. Use your new Mexican passport to enter Mexico, and use your existing Canadian/US passport to enter your home country. While it may sound tempting, do not try to use your Mexican passport to enter various European countries, because Mexico does not necessarily have visa agreements with all European countries. Check each country’s visa requirements before traveling.
Becoming a Mexican citizen, while maintaining US citizenship, means that such US citizens are not required to have foreign real estate trusts (Fideicomiso) to own property in border or coastal areas. This is significant in that Fideicomisos are costly ($500 – $600 USD per year) and they must also be reported to the US IRS =&gt. Becoming a naturalized citizen can hence mean potential savings from having no Fideicomiso fees, and to avoid unnecessary for future rather complex US tax reporting, plus, if you sell your Mexican property for a profit you may avoid significant tax liabilities. For more information on (avoiding/reducing) Mexican Capital Gains taxes, see: Capital Gains Taxes on Mexican Properties
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Mexican Embassy Replies to Questions from some very helpful Danes:
This section describes specific issues around shipping in goods.
Do we need a license/permit or similar form from the Mexican embassy in Copenhagen before we ship the goods? If yes: How do we go about this?
~ Official Embassy Reply:
Concerning (importing) your household goods, indeed you require a permit from the Embassy so that your goods can be (imported) tax free from customs into Mexico. The requirements to obtain such permit are:
– Packing list (three copies), containing a detailed description of all items, the address in Mexico where they will be delivered and your former address in Norway, and duly signed in original.
If the importation is (permanent):
- Copy of your valid passport and immigration card; (hence, you should obtain the visa before the permit)
- Place where you will live in Mexico (including address);
- Proof of payment of the fee.
If the importation is temporary:
- Copy of valid passport and visa or temporary resident card;
- Place where you will live in Mexico (including address);
- A letter (signed) where you (promise) to the return of the goods abroad and that, in case of changing your address in Mexico, you will notify the custom authorities;
- Proof of payment of the fee.
Second Question:
Is there a time limit where I have to enter Mexico after you have issued the permit? Is there a time limit where the goods have to arrive in Mexico after you have issued that permit, and we have arrived in Mexico?
Mexican Embassy Answer:
The residence permit expires on the date specified in the permit. There is no time limit for you to enter Mexico during that period, but you have to obtain a resident card in Mexico within the first 30 days of your stay.
There is no expiration date on the certificate of household goods.
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APPENDIX 1

Specific Answers to Common Questions on the INM On Line Application:
Go to the INM Website page to log in your personal data and your desired actions/changes at Immigrants Form for Filing Applications for Changes in Immigration Status
General Notes:
When entering Personal Information, enter your name exactly as it is on your passport. Items with a ” * ” are mandatory. Also note: in your name, dates, addresses, phone numbers etc: DO NOT ENTER periods ” . ” or dashes ” – ” or parentheses “(999)” in the fields or the form rejects them.
e.g. If your name is John J. Smith, enter a “J”, because entering “J.” causes a rejection by the automatic format checker.
Let’s get this party started ! Go to the INM webpage and you will see:
Question 1: “¿Qué desea hacer?” … ~ What would you like to do? ~
Especifique” … ~ Choose specific options ~
Change from Visitante to Residente Temporal:
~ Choose “Canjear o reponer documento migratorio
… ~Exchange or replace your immigration document status. ~
then
Question 2: ~ Choose “Canje de FMM por Tarjeta de Visitante o de Residente
… ~ Exchange an FMM for a Visitor’s Card or for a Residency Card ~
Then fill in your personal information into the rest of the form. Note that if you have no CURP, then INM will assign you one later. Current FM2 and FM3 holders have their CURP listed on their current INM card.
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Extend/Renew an Existing Residente Temporal:
Question 1: ~ Choose “Extender la estancia” … ~ Extend the stay ~
Question 2: ~ Choose “Expedición de Tarjeta de Residente por Renovación
… ~ Process Renovating / Renewing My Residency Card ~
Before filling out the rest of the boxes of personal information, you are offered a tasty box “Conozco mi NUE” to click…
… ~ I know my NUE ~ the official number listed on your current FM3 card.
If any of your personal data has changed, do not choose this option.
Clicking on this box opens a pop-up form to enter:
- Your NUE number from your current INM card;
- Your Birth Date and
- A warbled CAPTCHA code (to prove you are a human),
After entering your NUE etc, then select “Buscar” … ~ Search ~
Choosing this route pulls up all your previous personal data, and automatically fills it into your renewal application.
*****
Change from Residente Temporal to Residente Permanente:
Question 1: ~ Choose “Cambia condición de estancia” … ~ Change my status ~
Question 2: ~ Choose “Cambio de condición de residente temporal a residente permanente
… ~ Change my residency status from temporary resident to permanent resident ~
Before filling out the rest of the boxes of personal information, you are offered a tasty box “Conozco mi NUE” to click…
… ~ I know my NUE ~ the official number listed on your current FM3 card.
If any of your personal data has changed, do not choose this option.
Clicking on this box opens a pop-up form to enter:
- Your NUE number from your current INM card;
- Your Birth Date and
- A warbled CAPTCHA code (to prove you are a human),
After entering your NUE etc, then select “Buscar” … ~ Search ~
Choosing this route pulls up all your previous personal data, and automatically fills it into your renewal application.
*******
Change of Address
Question 1: Choose “Notificar Cambios (residentes temporales y permenentes) 
… ~ Notify INM of Address Changes for Temporary or Permanent Residents.
Question 2: Choose “Notification de cambio de domicilio
… ~ Notify INM of Changes in Home Address
Before filling out the rest of the boxes of personal information, you are offered a tasty box “Conozco mi NUE” to click…
… ~ I know my NUE ~ the official number listed on your current FM3 card.
If any of your personal data has changed, do not choose this option.
Clicking on this box opens a pop-up form to enter:
- Your NUE number from your current INM card;
- Your Birth Date and
- A warbled CAPTCHA code (to prove you are a human),
After entering your NUE etc, then select “Buscar” … ~ Search ~
Choosing this route pulls up all your previous personal data, and automatically fills it into your renewal application.
*******
Personal Information:
~ Apellido: Your last name exactly as listed on your passport.
~ Nombre(s): Your given name(s) exactly as listed on your passport.
~ Fecha de Nacimiento: Birth date.
~ Sexo: Mujer = Woman, Hombre = Man
~ Estado Civil Actual: Casado = Married, Soltero = Single, Viuda = Widow etc.
~ Lugar de Nacimiento: Place of Birth. Pais = Country, Estado = State or Province, etc
~ Nacionalidad actual: Country of a your current passport.
~ Passport or other documents: mostly obvious
~ Pais de expedición: Country you left from.
Domocilio del Extranjero en Mexico: Foreigner’s Home Address in Mexico
~ Calle = Street
~ Número exterior = House number
~ Número interior = Unit no., letter, or apartment no. , if any
~ Colonia = Neighborhood name
~ Estado = Choose your state
~ Delegación o municipio = Choose your city or municipality
~ Código Postal = Postal code
Click “Guardar” after checking that all your entries are correct and all “*” fields are entered. Next: A PDF file of your completed data form will be offered for you to save, print, and take a copy with you to to the INM office.
Applicants who want a lawyer, family member or other person to handle their application, receive notifications, etc then can fill out the big box at the bottom of the form.
Si usted quiere agregar personas autorizadas es necesario que lo efectúe con el botón ‘Agregar persona’” ~ If you want to add authorized people, then it is necessary to click the Add People button. Be sure to click the “Guardar” button after entering any authorized people to act on your behalf, to save those names.
If you have dependents, enter them in this comments box to notify INM of your status as their parent/guardian for their applications. There is a button to click to open a section that describes the information requirements for minor children and dependents
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Sources and References for this article:
LEY DE MIGRACION PARA MEXICO
In addition to the official Gob. de Mexico link supplied above, there is also a copy of the same new law at this website:
New LEY DE MIGRACION PARA MEXICO in Spanish
The Reglamento was issued for the May 2012 “New” Law in Sept. 2012. Here is a link to an official version of the Reglamento:
http://dof.gob.mx/copias.php?acc=ajaxPaginas&paginas=todas&seccion=PRIMERA&edicion=248552&ed=MATUTINO&fecha=28/09/2012.
The new INM Lineamientos can be read online at:
http://dof.gob.mx/nota_detalle.php?codigo=5276967&fecha=08/11/2012
The new INM Permit Application Rules are reported here:
http://dof.gob.mx/nota_detalle.php?codigo=5276966&fecha=08/11/2012
If you want summaries of the sequence of previous changes (finally taking effect on Nov. 9, 2012), describing the details that affect tourists and expats in Mexico, please see our previous Article on the May 2012 New Immigration Law at:
New Immigration Law Published for Mexico
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This article is meant as a public service announcement, not as legal advice, and this article will be updated as understandings and interpretations of the new law develop.
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Please Continue to Make Comments and Replies to Help Keep This Information Current!
Disclaimer: This information is not meant as legal advice. It is for educational and informational purposes only. Government policies vary between States and offices, and Mexican Government officials have broad discretion in how they individually enforce policies, so, your personal experiences may vary. See a professional for advice on important issues.
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry


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