Please note that our main article with the most current information is at: New Immigration Law Published for Mexico
We are maintaining this Jan 2, 2012 slightly dated article because it also contains a good Q & A section with an INM official.
As a long-time observer, author, and writer on expat issues, Carol Schmidt has a good history of digging to the bottom of key issues affecting expats in Mexico. Carol has contacted the official in charge of the San Miguel Allende INM office with a series of questions on Mexico’s New Immigration Law, and she offered us a chance to publish her questions and the INM official’s answers. We are grateful for the opportunity to publish the results of Carol’s efforts.
Carol reports:
“Apparently we have three or four more months under the current immigration law. What is new is the amount of the fees for the various services for 2012. He also verified that it is legal for those on what are now called tourist permits to leave Mexico and return on a new 180-day permit indefinitely. Tourist permits are going to be called: Visitor with no lucrative activity. But all may change under the new regulations in three or four months.
I didn’t get all my questions answered but the director was most gracious in answering my lengthy email. Apparently we have three or four more months under the current immigration law. What is new is the amount of the fees for the various services for 2012. He also verified that it is legal for those on what are now called tourist permits to leave Mexico and return on a new 180-day permit indefinitely. Tourist permits are going to be called: Visitor with no lucrative activity. But all may change under the new regulations in three or four months. “
Here’s Ms. Schmidt’s full report:
(This is published with the understanding that you give Carol Schmidt credit for anything readers report or use.)
Official word from SMA INM Director on coming visa changes!
——————————————————————————–
I emailed the head of the SMA immigration office, Lic. Clemente Villalpando, Delegado Regional en Guanajuato, Instituto Nacional de Migración, with a list of questions regarding the coming changes in the immigration laws.
Here are his complete responses, IN CAPITAL LETTERS, to my original email questions. He expects it will be three or four more months before INM offices have the new regulations in hand before he can know all the answers for sure.
He verifies that the old FM3/no inmigrante and FM2/inmigrante visas will be combined into a new Temporary Resident visa, and the previous inmigrado card will be replaced by a Permanent Resident card. It will take only four years on a Temporary Resident visa to qualify for a Permanent Resident visa.
So we will continue to wait until the new regulations are released for the rest of our answers. I hope his gracious response helps to ease some expats’ concerns. Until the new regulations are released in three or four months, the current laws apply.
Carol Schmidt
==========
….I have several questions now about the new INM laws that were announced last May, that were to be implemented when regulations interpreting the laws were written and released. That was supposed to have happened within 180 days, or some time in November. [Now there is much uncertainty about when the regulations will be released and the new laws implemented.
I would appreciate your responses to my questions, not only for my website but for other expats who would like to know from an authoritative source what is happening with the proposed changes.
1) I have heard that the new regulations have been released and the SMA INM office will begin operating under the new INM laws Jan. 2, 2012?
TODAY IS THE FIRST DAY IN OPERATIONS. BUT THE NEW LAW IS DOES NOT APPLY AT ALL. WE ARE WAITING FOR DE PUBLICATION ON THE DIARIO OFICIAL DE LA FEDERACION OF THE “REGLAMENTO” (RULES AND PROCEDURES) MEANWHILE WE CONTINUE WITH THE ACTUAL LAW.
2) Is this an accurate summary of what the new laws say:
The no inmigrante (old FM3) and inmigrante (old FM2) visas will be combined into one, called temporary resident.
NON INMIGRANTE AND INMIGRANTE WILL BE THE TEMPORARY RESIDENT.
INMIGRADO WILL BE PERMANENT RESIDENT.
WE HAVE TO WAIT FOR REGLAMENTO IN ORDER TO KNOW EQUIVALENCES.
Expats can apply for permanent resident (like the old inmigrado) after only four years on a temporary resident visa.
YES
Those who are married to Mexicans can apply for permanent resident after only two years on a temporary resident visa.
YES, THOSE WHO ARE MARRIED WITH A MEXICAN CAN APPLY FOR A PERMANET RESIDENT ONLY IF THEY HAVE TWO YEARS AS A TEMPORARY RESIDENT.
Others may apply for permanent resident status earlier based on a point system, with points given for money to be invested, special skills or training they bring to Mexico, and volunteer service they perform.
THE POINTS SYSTEM IS NOT CLEAR SO FAR. IT IS NOT APPLYING UNTIL WE HAVE REGLAMENTO.
There will still be the FMM form for all foreigners coming into and exiting Mexico, compiled for statistical purposes.
YES
There will still be a place on the FMM for those who are coming into Mexico just for 180 days, as a tourist.
YES BUT WE WILL NOT CALL THEM TOURIST ANY MORE. THE PROPER TERM IS GOING TO BE, VISITOR WITH NO LUCRATIVE ACTIVITY.
It will still be possible for expats who do not have enough income under the temporary resident visa requirements to come in on an FMM, stay in Mexico for 180 days, then exit Mexico and come back in immediately on a new 180-day FMM, this process to be repeated indefinitely.
YES
The new minimum monthly income requirement for a foreigner to qualify for the temporary resident visa will be 250 times the Mexico City minimum daily wage, which in 2012 is $62.3 pesos, or $15,573 pesos a month minimum monthly income.
That is equivalent to $1,137 USD at a rate of 13.7 pesos to the dollar. But the SMA INM office will continue to use $1,200 USD as the minimum monthly income requirement for a temporary resident visa.
YES, MORE OR LESS. IT DEPENDS ON EXCHANGE RATES.
An expat will be able to get a work permit under the temporary resident visa. This will require an additional fee of
$1451 + 550 pesos at application.
PRORROGAS RENEWALS FOR A NON INMIGRANT, NON LUCRATIVE ACTIVITIES 1451, AND 2356 FOR LUCRATIVE ACTIVITIES
REFRENDOA RENEWALS FOR A INMIGRANT: 3,140.
The fee for obtaining a temporary resident visa will be $1451 pesos in 2012.
The fee to apply for a permanent resident visa will be
FROM $3,139 in 2012.
There will be no renewals required of a permanent visa card. It will allow working. Aduana will not allow holders of a permanent visa card to import a foreign plated vehicle.
The paperwork required for a new temporary resident visa will include:
a) Proof of sufficient income, i.e., $1,200 USD minimum monthly income, documented by the three most recent months’ bank statements
b) Proof of residency, such as a utility bill.
c) Four photos in color, infantil size, no hair on forehead, ears showing, no jewelry or glasses.
d) A letter of application.
e) Original and copies of US passport and any recent INM visa or FMM paperwork.
THE SAME SO FAR, WITH REGLAMENTO WILL CHANGE.
It will only be possible to apply for a new temporary resident visa within Mexico. Mexican consulates within the US and Canada will be able to help foreigners do the first step in applying for the temporary resident visa, but the process must be completed within Mexico at the INM office closest to the foreigner’s new home within Mexico.
YES
The first step in the application process will continue to be online at the website now used for FM3 and FM2 applications and renewals. The SMA IMN officde will continue to have computers available at the office to assist those who need to use the website for their application or renewal.
YES
After the first year application, proof of income and residency will no longer be required for the next three years. What is required is a letter signed by the visa holder that all information on the original application is still valid.
YES, SO FAR
After four years on a temporary resident visa, a foreigner can choose to go back to starting over on year one of a new temporary resident visa. It is not necessary to move up to permanent resident.
YES, SO FAR
Those who own property in Mexico or who are dependents on the primary visa applicant need only have half the minimum monthly income requirement. To qualify for this deducation, a marriage certificate or birth certificate or adoption papers is required to prove dependency. A deed is proof of property ownership.
YES, SO FAR
SOME OF THIS WILL CHANGE WITH THE NEW REGLAMENTO. WE ARE EXPECTING THREE OR FOUR MONTHS TO HAVE IT. “
* * * *
Feel free to copy while giving proper attribution: Carol Schmidt & YucaLandia/Surviving Yucatan.
© Steven M. Fry
Read-on MacDuff . . .
Pingback: Mexican Immigration Rules: January 2, 2012 Update | Surviving Yucatan
Excellent reporting. Hopefully the transition will be smooth and we will all spend less time pulling at our hair in the INM office.
For my friends who are permanent or temporary residents of Mexico. Update on changing immigration laws.
Pingback: Immigration Changes – FMM, FM2, FM3 – Summary » Jaltemba Jalapeño
My wife and I are returning to Cozumel on Feb 4th 2012, our FM3 will expire at the end of Feb. what documents will we need to renew our FM3 or now Temporary resident? We have a foreign plated jeep on the island and the vehicle permit expires in May, if we notify the IMN of our visa status renewal than we should not have to take our jeep across the border and back to get a new vehicle permit correct? Thanks you for all the good info.
Hi Keith,
You will need the things listed in our main immigration article: http://yucalandia.wordpress.com/living-in-yucatan-mexico/moving-to-mexico-fmm-fm2-or-fm3/
~~ Your FMM or your current visa (FM2, FM3 or the new ID card). Your visa must be current if you are renewing. Your FMM must not be more than 30 days old (maybe? – remember: “TIM”). (This is Mexico = “I don’t think we’re in Kansas anymore, Toto”.)
~~ A letter stating what it is you are trying to accomplish. (See letter(s) below.)
~~ A copy of the pages of your passport.
~~ Proof that you have sufficient income to support yourself (and any dependents). (Some INM offices are requiring this, others: not.) This could be 3 months of bank or investment account statements, with your name on them, showing balances equivalent to 250 times (FM3) or 400 times (FM2) the official minimum wage in Yucatan ( $56.7 pesos/day for 2011 Zone C and $62.33 pesos per day for Zone A for 2012). SALARIOS MINIMOS 2011 and SALARIOS MINIMOS 2012 . This translates to 2012 minimum monthly income required for an FM3 (No Inmigrante) will be $15,583 pesos, and for FM2 (Inmigrante), it will be $24,932. (2011 minimum monthly income requirements for a single person: FM3 = $14,175 pesos & FM2 = $22,680 pesos.) Each additional dependent increases the requirement by 50%. Some INM offices are approving reducing the financial requirements by ½ for FM2 applicants and their dependents, if you can show proof of home ownership in México (fideicomiso), but acceptance of this exemption is not universally approved. (Remember, “TIM”: “This is México.”)
~~ “Comprabante”: Proof that you are living in Mexico i.e. a phone bill, JAPAY, or a CFE (electric) bill with your name and Mexican home address on it, or a bill with your apartment’s address and a letter from your landlord saying that you rent the property at the given address. A letter from your lawyer stating that you are in the process of purchasing property, listing the address, may also be sufficient.
~~ Your Pieza Number from your online application.
To help clear your understanding of a temporary imported vehicle and its permit: INM has nothing to do with your car’s permit – except that your car permit’s expiration date is changed to match your INM visa expiration date. When you renew you FM3 at INM, then, GO TO ADUANA IN PERSON, and take your new FM3 card to INM, with copies of your vehicle information, registration, and Temporary Import permit, and a letter describing that your visa has a new expiration date – as described in our article – so, Aduana can update their computer data base to show the correct date for your vehicle’s Temporary Import permit. Our Aduana office has been giving expats a letter to carry in their car showing the new/updated car permit expiration date.
steve
corrected e-nail address.
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I have had my FM-2 for two years and I have been married to a Mexican for 10 years. Can I apply for my citizenship now? Or would I be better off by having a permanent resident card that does not need to be renewed. I am mainly interested in being able to come and go without restrictions or renewals. It would be nice to have duel passports but that is not necessary.
Dennis,
Our local INM office proposed the same route for me when I asked about permanent residency. The permanent resident route supposedly will require 4 years of a prior FM2 status. I’ve read varying reports on how long the Citizenship approval requires. Some expats on the internet report 1 year to 18 months, others report 3 – 5 years, while a few report more than 5 years for SRE to come through with the approval.
Does the timeframe affect your plans>?
steve
I had a FM3 for five years and am currently on my second renewal of my FM2. Under the new laws, will I be able to switch to permament status when I renew later this year? It sounds like YES but I am wondering if they will only take into account my FM2 or if they wil consider my total time in the country.
thanks,
Brad
Brad,
Many of us have been wondering about the same thing for the past 9 months. We’ll have to wait for the Regladora to be published for the final word. A common current expat interpretation is that only FM2 years will we used to qualify for the new Inmigrante Permanente category…
Quien sabe?
steve
THanks for your insight!! I suppose we must just continue to wait and see.. I can´t wait until I do not have to renew every single year!!!
Another thought to consider.. I know banks are much more willing to give credit etc. to those with an FM2.. I wonder how the new classifications will affect that?? .
Thank you for taking the time to maintain this exceptional and valuable website-it appears to be the most accurate and insightful of all I have seen~real nuts and bolts, no-nonsense advice. Your forum provides a real service for people like me and countless others who may never acknowledge the value of your work.
In spite of all your quality info- I remain unsure of my best approach to our anticipated move to Mexico, probably 2nd Q of 2013.
Our situation is this:
I am a U.S. citizen, 66 yrs old. My wife is Mex. citizen and she also became a permanent resident of the U.S. after our marriage. My wife owns a home in Mexico. I am thinking that my Wife’s status as a Mexican citizen may be helpful in some situations but not all.
I own a 2011 vehicle purchased and registered in the U.S. The vehicle is in my name only but that could be easily changed to either put in both names or only hers if it would make a difference.
If I could script my entry into Mexico, it would include:
1. Entry documents that would permit me to keep my present vehicle w/o significant duties/taxes;
2. Entry documents that would permit me to bring my household goods w/o significant duties/taxes;
3. Entry documents that would permit me to work or own a small biz.
I understand and accept that my ‘script’ may not relate to reality and I am certainly willing
I clearly understand that by selling my car here in the States and buying a vehicle in Mexico, it will eliminate part of the problem, but I bought my car new and maintain it faithfully and would like to keep it if possible-I don’t know if the notion of a dealer Certified Used Car exists in Mexico?
Our plan is to move to Cuernavaca and set up a small biz.
I am looking for advice on how best to plan ahead and hopefully make the right choices on making the move.
I don’t know which immigration status I should apply for. I read some discussions that say I can come as a retired person but I wouldn’t qualify for a work permit. Would I be considered a “worker” and need a work permit if we either buy or start our own business in Mexico? If we become self-employed, are there other issues I need to deal with and / or plan for?
Will my wife need to show her financial ability to support me in any way? She has not worked during our marriage and could not show any proof of income from activity in Mexico or the U.S. We have joint bank account here in the U.S. and we live in a community property state but she has no work history we could demonstrate.
My wife will be returning to Mexico after living abroad for 5+years. She still has her home etc there. Is that going to be an issue for her or us? Is that something we should consider NOT disclosing? Will it be of benefit in avoiding payt of duty?
I’m sure my situation is not unique but making the right choices seems is important – I’ve lived in Brasil, Paraguay and Costa Rica so I’m no stranger to how daunting these moves can be and how important it is to fully understand the options.
Thanks in advance for any guidance on these issues.
Marshall
when does the new residency card gp into effect, and do I lose all the accrued time I aleady have from being in Mexico for the lsat 7 years?….will I automatically go to permenant reisdent?
Hi Rich,
Some regional INM offices are changing over to the new rules and new law on Nov. 1, others by Nov. 9, and yet others have not announced when they will initiate the new rules. Contact your regional office to find out their current plans and schedule for implementing the May 2012 law.
… or … Tell us the city of your closest INM office, and maybe another reader knows when your office is scheduled to make the changes.
Re Qualifications & Requirements for the New INM Categories:
There is no definitive word on whether FM3 holder’s years will count toward the 4 year requirement to qualify for Residente Permanente, but some experts consider it unlikely that FM3 years will qualify. Other experts are hoping that FM2 years will count towards qualifying for permanent residency, but I think it is worth noting that neither the Transitorios of the new law, nor the Reglamento have text/guidance/instructions specifically describing the rules on this issue.
By saying nothing, we would then default to the letter of the law, which means that INM likely intends to follow the basic 4 years of Residente Temporal permits before allowing the transition to Residente Permanente for ordinary applicants. (???) Our best understandings are that there have been no formal official pronouncements by INM on what the final policy will be.
Since we don’t know your income status, nor do we know whether you are married to a Mexican, nor do we know how long you have been outside of Mexico, don’t know if you are a refugee, don’t know if you have special abilities or special training that gives you award points towards accelerated approval, etc., we really cannot say whether you will automatically go to permanent residency.
steve
Have you read our article on the New INM Law?
http://yucalandia.wordpress.com/living-in-yucatan-mexico/new-immigration-law-published-for-mexico-the-article/
We have had our FM3 since November of 2005 and with the new regulations want to get our permanent residence card. The immigration office here in Manzanillo issues us a temporary residence card and told us that since we have had our FM3 for 9 years we have to wait 1 more year to get the permanent status because we are in the second term of our FM3??? They are just discounting the first 5 years we have one. Any answers you can give me
Hi Sandie,
If you looked at the NUE numbers of your previous FM3′s, you would find that you had one FM3 (with its own NUE) for the first 5 years (expiring in Nov. 2010). That FM3 ended, and you applied for a new FM3, with a different NUE ID number.
By Nov. 2013, your will have completed 3 years on your current FM3. People who follow the INM rules (including our May 2011 article on the “new” INM law) have known since May 2011 that the INM law requires completing 4 years on a temporary INM permit, before qualifying for a permanent residency card. Manzanillo is simply following the May 2011 INM law.
If you have sufficient average monthly income (about $2,500 USD a month) for the past 6 months, or if you have sufficient annual savings per person (about $125,000 USD in total average monthly balances) for the past year, then you qualify for Residente Permanente cards, this Nov.
steve