Insider’s View on FM3 (No Inmigrante) Visas – The Article

While waiting briefly in line for my annual FM2 renewal, I talked with a fellow whose attorney described an interesting view of the FM3 – which might explain a number of the confusing or illogical ways that it has been applied. The attorney worked for INM for years after he finished law school, and based on his insider’s view: He says that the FM3 was not intended for use by Canadian and American retirees.

He says that when NAFTA was kicked-off, the Mexican Inmigraction officials believed that there would be many American professionals coming to Mexico to help set up maquiladores / fabricas near the border. These professionals were expected to come to Mexico for several months at a time – working to set-up the businesses, returning to the US, and then later coming back to help the factories continue to run. INM assumed that these American professionals would come and go, hence needing their cars here for temporary stays – and then driving back across the border.

They assumed that some of the gringos would decide to set up households in Mexico, which explains why you get your FM3 first, and then have 6 months to bring down your stuff – as a professional traveling back and forth. They further assumed that these permits needed to be set up for annual extensions, up to 5 years, while the professionals kept going back and forth between Mexico and the USA. This is also why there were no restrictions on the time allowed outside of Mexico for this special intermediate “resident” visa.

The FM2 was designed for “normal” residents intending to live or stay in Mexico – and hence the restrictions on keeping foreign plated cars and on extended stays outside of Mexico, because the FM2 type of “resident” was expected to make a long term commitment to staying here – which is also why FM2′s are set up to expire after 1 year plus just 4 annual renewals, with NO additional FM2s, but instead you become a naturalized Citizen, an Inmigrado, or you drop back to the FM3 – temporary resident status.

INM did not imagine that so few US professionals would take advantage of the FM3, and they did not imagine that there were so many flocks of US and Canadian snow-birds and retirees who would like to come to Mexico for longer than simple tourist stays.

All of this explains the evolving nature of the FM3 and FM2 – as the INM tried to adapt to how Americans and Canadians were using them – and it explains the future changes to the new “Residente Permanente” and “Residente Temporal” – where these new categories really cannot align in a 1:1 way with the old FM3 and FM2 ‘s , because the old FM3s and FM2s were kluges – initially designed for 2 specific groups of Americans – while the reality turned out very differently.
???

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
Steven M. Fry

9 Responses to Insider’s View on FM3 (No Inmigrante) Visas – The Article

  1. Pingback: Insider’s View on FM3 (No Inmigrante) Visas | Surviving Yucatan

  2. Ric Hoffman says:

    While your information makes for good reading, I disagree with the information provided by your source.

    The impetus for NAFTA actually began with President Ronald Reagan, who campaigned on a North American common market. In 1984, Congress passed the Trade and Tariff Act. Prior to NAFTA, Mexican tariffs on U.S. imports were 250% higher than U.S. tariffs on Mexican imports. Click here for more information: http://useconomy.about.com/od/tradepolicy/p/NAFTA_History.htm

    The current LEY GENERAL DE POBLACIÓN was published in January 1974 and has under gone several revisions (1976, 1988, and 2009 for example) but all the while establishing two Calidades: No Inmigrante and Inmigrante. The last major revision to the law was published the same day as the Ley de Migración, 25 May 2011. This revision deleted chapter III, which governed migración since it is now governed by the new Ley de Migración

    Ric Hoffman
    61609 Pátzcuaro, Michoacán, México

    • yucalandia says:

      Ric,
      Agreed, neither he nor I meant to imply that it was the impetus for NAFTA. He described the post NAFTA world as explanations for some of the intervening peculiar policies of FM2s and FM3s.
      steve

  3. Karen Roy says:

    I confused by this statement. “Which is also why FM2′s are set up to expire after 5 years, with NO renewals…”. You seem to imply that the FM2 is a 5 yr. visa and does not have to be renewed annually. I wish that was true.

    • yucalandia says:

      Karen,
      Communication is a dicey business, so I fixed the language… You have a single FM2, which (as you know) you can renew 4 times. After the 4′th renewal, you cannot renew it again (completing the 5 year max lifetime of the FM2). Formal INM rules say: You then go on to either Inmigrado, Citizenship, or FM3.
      steve

  4. Angela says:

    Thanks! This is very useful information. When I met retired expats living in San Miguel de Allende they all told me that I would need an FM3 but this was several years ago. It sounds like the FM2 is the better option for me. Thank you for clarifying and I would appreciate more articles like this. It’s been very helpful for me.

  5. Pat Palfrey says:

    Can a Mexican on an U.S. tourist visa drive a American car back down to Mexico with him ?

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