This post makes reference to those regulations that were published May 25, 2011: they make interesting reading..., and here are some of my observations.... Like many things touted as "new," these regulations appear to me to largely resemble the former regulations, but some things do jump out at me. The categories of visas, and migratory documents I mention here are not the complete list; they are just the ones in which the readers may be most often interested. The reader should bear in mind that the following has yet to be implemented in the offices of INM across the country as it requires orientation and retraining of staff in the new regulations, among other things. Implementation will not begin until near year's end, as I understand it, at the earliest. Visas Passport holders from those countries with which Mexico has treaties allowing visa free entry/exit will continue to have that privilege, with stays of up to 180 days. There are multiple purposes for which you may enter for the 180 days, including non-remunerative activities (travel), and remunerative activities (business), just as before. [Keep in mind, visas are documents issued by embassies and consulates: those documents issued within the country by INM are migratory documents, and examples of the later are FM2/3s.] Visas can be applied for, and obtained, outside Mexico, in such categories as, "Visitor without permission to engage in remunerative activities", "Visitor with permission to engage in remunerative activities", and "Temporary Student", all with a validity of 180 days; "Temporary Resident", with or without permission to engage in remunerative activities, with a right to enter and stay for up to four years; and, "Permanent Resident". Interesting to me is the fact that both the "Temporary Resident" and "Permanent Resident" visas carry with them the right to bring family members with you, including your spouse, your children, your concubine (if you have one as recognized under Mexican Law), and your mother and father; and, like you, they can ask for, and receive, permission to work. Migratory Documents To avoid confusing the reader, this would be a good time to comment further on the subject of migratory documents. The terminology, FM3 and FM2, referring to certain migratory documents, was part of the former regulations: it's possible this designation will be retained under the new regulations, but no where in the new regulations do I see use of this terminology, so it may go. An FM3 was permission to reside in Mexico temporarily, and said so on the back of the card. The change worth noting is that "Temporary Resident" documentation will now be issued with a right to remain in the country for up to four years, rather than one. This is in keeping with a speech given by President Calderon in which he expressed dismay that people who wanted to live lawfully in Mexico, long term, had to go through a cumbersome and expensive, annual renewal process. An FM2 was permission to reside in Mexico permanently, and said so on the back of the card, though it too had to be renewed annually, so it was hardly permanent, in reality. When it comes to the "Permanent Resident" status under the new regulations, this is where some really interesting changes are made: permanent now appears to really mean permanent, and the criteria for obtaining this status have been greatly liberalized. (The old status of "Inmigrado" appears to have been eliminated.) _________________ Here are some of the ways you can move to "Permanent Resident" status under the terms of the new regulations: notice that 2,3, and 4, have no requirement to spend time in "Temporary Resident" status, prior to applying for "Permanent Resident" status. 1) you have spent four years in a "Temporary Resident" status*; 2) you have children born in Mexico; 3) you are a retiree with a pension from a foreign government, foreign organization or company, and it provides enough income to sustain you in Mexico; 4) you are qualified for "Permanent Resident" status, on the basis of a point system (to be established). The big changes are that a retiree can go immediately to "Permanent Resident" status, as can those who qualify on a point basis, and never have to renew, again! The point system to be established will, at a minimum, take into account the following: educational attainment; work experience; special aptitudes for the development of science and technology; "international knowledge" [not defined further], and aptitudes for the development of activities that Mexico requires. I suspect it will also include extra points for financial resources, including ownership of property in Mexico, though this is not spelled out. "Permanent Resident" status will carry with it a right to apply for permission to perform remunerative work, something the former "Inmigrante" (FM2) required, but "Inmigrado" status did not. The new regulations make it clear that foreigners have the right, without regard to their migratory status, to open bank accounts in Mexico. Those holding migratory documents have 90 days in which to notify INM of any change in their nationality, marital status, address within the country, or place or type of work performed. This is more liberal than the former regulations, which gave just 30 days to make these reports to INM. On the whole, the changes made appear to be in a very positive direction, and I look forward to seeing the actual implementation! Merry/Happy Christmas, perhaps??? Well, perhaps not altogether. There are some rules that, if implemented, could prove disruptive in the short run for many- psychologically, if not otherwise. These rules, called "transitional" in the law, involve reclassifying some of those who now hold FM3s or FM2s. For some, this may be, or seem to be, an advantage; for others, a disadvantage. It will, at least, make the task a little harder for the staff at INM, trying to explain what's happening, and why, to all those who already have migratory documents. I'll try to go into it in more depth, next post; or, if you wish, you can read the link, below, near the end of the document, entitled, "Transitorios": look for "Sexto". For more of the details, click here DOF - Diario Oficial de la Federación _________________________ *The issue I have (which may be answered somewhere in the 29 or so pages of the text!) is to what extent people will be given "credit for time served" in the earlier categories of migratory documents, once the new regulations are fully implemented. I'm hopeful they'll count it all, for those to whom it matters. With the more liberal rules relating to "Permanent Resident" status, and the possibility of applying directly for it, without any preliminaries, I'm hopeful of qualifying for that, under the new rules, and escape having to go through annual renewals, as I now have to do. _________________________
Thanks for taking the time to not only research the information, but to present it in an easy to read way. I'll be needing to renew my FM3 by March, and I want to start teaching English at the college level, so it looks like it'll be a 4-year FM3 renewal (woo-hoo!) AND a faster, easier way to get through the Mx. employment regulations. I could be one happy Canadian snowbird soon!
Thanks, Davi. The "transitional rules" that I mentioned earlier can cause confusion in the following way: they reclassify people who now hold immigration documents according to a formula set out in, "Transitorios, Sexto", a part of the new regulations. This will be a little distressing for some of us, as it will require us to reapply for the new documentation, using the categories and criteria applied for their issuance. Here, again, are the new categories: "Visitor without permission to engage in remunerative activities", "Visitor with permission to engage in remunerative activities", and "Temporary Student", all with a validity of 180 days; "Temporary Resident", with or without permission to engage in remunerative activities, valid for four years; and, "Permanent Resident". To give examples, under the transitional rules, a person on an FM3, whether they have permission to work or not, will be reclassified to, "Visitor without permission to engage in remunerative activities". This will force them to go to immigration to get reclassified under the new system. For many, the forced changes will represent an improvement in their status "in country". For example, those who are retirees, and have been classified as "Visitante Rentista" will be able to apply for Permanent Resident, relying on the same documentation they have used before and, under the new rules, never having to apply for a renewal. Who could object to that? Others of those who held FM3s (with or without permission to work), will be applying for "Temporary Resident (with, or without permission to work)"; but, the new document will be good for four years! Again, not a bad trade! Most who now hold FM2s will also find themselves reclassified to "Temporary Resident"; some will have the option of applying for Permanent Resident under the criteria I mentioned in the first post, but others will be stuck in their new classification and will not be so happy, aside from the fact that their new documentation will not require renewal for four years! INM staff will go nuts trying to deal with irate customers who won't understand why they are losing the status they've had, in country, for years, in some cases; but, change will occur. The exact details remain to be worked out, and remain to be seen! _________________________ The above scenario represents my understanding of the new regulations, as published in May this year, and a way in which they may be applied, in practice: the regulations are subject to change, and the interpretation subject to human error. None of the proposed changes has yet been implemented and will not, therefore, affect renewals, or issuance of original immigration documents that occur prior to implementation. _________________________
So, why is Mexico making the changes we've talked about? I can see three, main reasons for it, 1) to reduce the disparate treatment of applications for immigration documentation that existed across the country; for example, in which one state required four renewals of an FM3 before allowing one to apply for an FM2, while others allowed applicants to go directly to FM2; 2) to make the process less expensive and less burdensome to those who wish to live legally, in Mexico; and, 3) to harmonize Mexican Immigration Law with world standards. Many of you will have heard of the point system for Permanent Resident status used in some highly developed countries, now Mexico is adopting a similar approach. I mentioned on another thread that one of the criteria we employed in choosing Mexico from a list of places we considered relocating, was the cost and complexity of the immigration process: Mexico came out high on this test. Now, it will be even better! :mexicoflag:
It's a pity, but like any new law, there seem to be some sections which say, or imply, somewhat contradictory things. For example, at one point in the 29 pages of immigration law it says that Permanent Residents may work (making it similar in this respect to the old Inmigrado status); in another section it says Permanent Residents may seek permission to work, making it more like the former FM2. Also, I've suggested on this thread, that it may be possible to change your status, in country, after you get reclassified in accordance with Transitorios, Sexto. However, Article 53, says that those who are reclassified to Visitor status- most of those who now hold FM3s- cannot change their status in country, and must leave within 180 days. What is odd about it, although it appears on its face to have general application to all who are reclassified to Visitor, is that it is placed within the part of the law dealing with Permanent Resident status! Perhaps the drafters meant to limit its application to those who wish to go from their reclassified "Visitor" status, directly to Permanent Resident, but it would seem a bit odd to me to apply it only to that class of applicants. As the new laws and associated regulations get closer to implementation, questions like these will be addressed, and clarified.
(Uh, oh, T.J. must have clicked on the link to the 29 pages of new INM law.) First, take your aspirin and put in your eye drops- then, you'll be able to better appreciate that, once you've applied for and gotten your Permanent Resident status, you'll never have to visit the INM offices, ever again! No, more, re-new-als!! :daveandmo:
Well V, I hope they are doing this when my FM3 is expiring at the end of Oct. Of course I have a trip to the states planned in Nov so will probably have to get that darn last minute letter again.
Hi, G., the news is not that bad for you either, Miss FM2: your next immigration document will be good for four years; then, you can go to P.R., too! (T.J. gets to because he's old, old, old!) Just kidding, but he's a Visitante Rentista, now, so he can go to P.R., next time.
