Perm Resid Issues, Cancun INM

Discussion in 'Living in Cancun' started by V, Mar 7, 2013.

  1. V

    V I can choose my own title Registered Member

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    At this time, I'm only aware of two areas of uncertainty that those applying for Permanent Residency may face, here in Cancun. I'll write about the first area, now: these relate to qualifying through the four year, continuous residency path to permanent residency.

    One of the issues is whether INM will accept four years when part of it was served in FM2 before the new, hard cards were first issued (2010).

    It seems INM does not have a convenient way to ascertain the existence of years in continuous residency prior to that time. This means that, in some cases at least, they may insist on recognizing only the years served while in possession of the hard card: since the hard card states the number of prorrogas, it makes it easy for them to judge. If I were in this situation (and who wouldn't be, who went through the switch to hard cards), I'd ask for credit for the prior years, and attach copies of my residency booklet for the previous years. This is nice advice, but only useful for those who kept copies, as I did.

    The second also relates to the four year, continous residency criteria; that is, whether INM will accept years of continuous residency (which we can prove through copies as mentioned before) when part of the four years was served in FM3.

    The new laws make no distinction between FM3/2, speaking of both as "temporary residence," and stating that four years in "temporary residence" qualifies you for permenant residency, so they should credit all the years. You may need a lawyer's help in making this argument, but it is a sound one in my opinion, firmly based in the exact language of the new law.

    The third relating to qualifying on the basis of four years, continuous residency has to do with whether they will require proof of financial resources.

    The law does not make this a requirement for those going from FM3/2 to permanent residency, after four years of continuous residency, it merely states you must provide a letter, in proper form, stating that your conditions haven't changed since the date of your last renewal. If you cannot meet the new, stricter financial solvency requirements, get a lawyer to assist you in preparing the letter, and making this argument.
     
  2. hacienda b

    hacienda b Enthusiast Registered Member

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    I will find out about 2nd and 3rd issue in may / june this year
    in playa del carmen though.
     
  3. V

    V I can choose my own title Registered Member

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    My prediction is being borne out in other jurisdictions: if we had bigger readership I'm sure we'd also be getting reports of a similar nature.
     
  4. V

    V I can choose my own title Registered Member

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    That those who've been here in FM3/2 status for four years do NOT have to prove financial resources is one of the important benefits of the new law: anyone who has, but would run into trouble meeting the new, tougher financial requirements should seek professional help rather than submitting to a clerk's requests that they submit three months of financial statements.

    10,000 U.S. citizens are turning 65 daily and Mexico has decided to close the door, somewhat, to a potential flood of new immigrants with limited resources; but, those who've braved the INM wars successfully for the last four years have an edge which they should protect by not allowing their status to lapse and by relying on the exact requirements of the new law, as written, which exempts them from meeting the new financial requirements for permanent residency.
     
  5. V

    V I can choose my own title Registered Member

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    Foreign plated car

    Across the country, with lots and lots of foreigners applying for and receiving permanent residence status, a number of them have now reported having their foreign plated cars seized. This possibility had appeared in the reading of the old laws, which prohibited holding a foreign plated car unless you were, 1) any class of No Inmigrante, or 2) were an Inmigrante "Rentista," and was expected to apply under the new law, as well, but with the distinction being based on the Residente Temporal vs Residente Permanente of the new law.

    Anyone who is converting to residente permanente who has a foreign plated car will need to be prepared to deal with this issue.
     
  6. T.J.

    T.J. I can choose my own title Registered Member

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    Great info V,

    So does the 11-12-12 law specifically prohibit foreign plated cars for one who becomes a Residente Permanente? This sure affects me, come this October.

    I am wanting to sell my car anyway. Too expensive to Nationalize it, just to sell it.

    Thanks for this info.
     
    Last edited: Apr 13, 2013
  7. JeffandShannan

    JeffandShannan Enthusiast Registered Member

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    Hi TJ
    Do you know a good Customs Broker who can facilitate the Nationalization of a Foreign Plated Vehicle (Yes over 10 Years old and was built in USA)
    Thx
     
  8. V

    V I can choose my own title Registered Member

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    No, but going to the new Residente Permanente status moves you out of those migratory statuses which are permitted to operate a foreign plated, TIP car in Mexico. The laws which govern this are the customs laws. What follows is a quote from a relevant section.

    The new immigration laws merge the categories of no inmigrante and inmigrante rentista into what is now called Residente Temporal, and these are still permitted to have such a car, just as before: permanent residents are not, just as before.

    As I recall you are Inmigrante Rentista, and therefore permitted to have the car. Had you been Inmigrado, or any other category of Inmigrante, you´d have already had to deal with this issue under the old law.

    This will just be one more consideration in the decision whether to go for Residente Permanente at the first opportunity.
     
  9. V

    V I can choose my own title Registered Member

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    The customs duties would probably not be great if, as I recall, the vehicle is a 2006 model. You could consider paying that and going through the process. You´d get your deposit back, right?

    Another option, if you do decide to sell it, might be to take an expat buyer, holder of a temporary residence permit, to Belize with you and sell it to them there. They could then bring it in again as a TIP car, just as you did originally, and drive both you and the car back to Cancun.
     
  10. T.J.

    T.J. I can choose my own title Registered Member

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    There are two threads going on re the car import thing. I am going to follow this one.
     
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