"New Immigration Regulations"

Discussion in 'Living in Cancun' started by V, Sep 4, 2011.

  1. V

    V I can choose my own title Registered Member

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

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

    rawkus I can choose my own title Registered Member

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

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

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

    Windknot Regular Registered Member

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

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

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

    V I can choose my own title Registered Member

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

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

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

    Windknot Regular Registered Member

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

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

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

    V I can choose my own title Registered Member

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

    If you look at the first post in this thread, you can see some of the criteria they will apply to such an application: in addition, I expect they will consider such things as my time in country, my facility with the language (oh, well), home ownership in country, bank balances, nature of my work, and the opinion of my professional associates (good, I hope).
    _____________________
     
    Last edited: Sep 7, 2011
  7. V

    V I can choose my own title Registered Member

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    Permanent Resident

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

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

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

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

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

    Rawkus wrote:
    Gringation has said married couples are being offered FM2 status, without any time spent in FM3: anyone who is renewing from an FM3 in the months before the implementation of the new immigration rules should seriously consider applying for an FM2 as a way to improve your chances of moving to Permanent Resident in the shortest possible time; which, for you, if no credit for time spent in FM3 is given, may mean a two year wait in the new Temporary Resident status.
    _____________________
     
    Last edited: Sep 12, 2011
  8. Windknot

    Windknot Regular Registered Member

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

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

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

    V I can choose my own title Registered Member

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

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

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

    As for eligibility for FM2 status under the old law- again, this is nothing I've spoken about on this thread, where the focus has been the new law, not yet in effect, and how it may be applied.
    ______________________
     
    Last edited: Sep 16, 2011
  10. SamCancun

    SamCancun Guru Registered Member

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

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