Common Mexican Immigration Questions … as Answered by a Popular Mexican Lawyer

While reading the expat forums from around Mexico last week, I came across this item unanswered set of questions on Yolisto:

Need Immigration Lawyer:  
I contacted (Lawyer) Rodrigo and here is the responses I got from him.

A permenat visa is a one time process.  Which means that once you get this visa you do not need to do anything else ever again.

The Mexican goverment grants this visa in terms of income.  In order to get this you have to demonstrate at lease 3000 USD monthly deposits in your american bank account for the last 12 months. Or a 130,000 UDA investment assets of funds for 12 months.  Or a mexican home worth at least 130,000 in the offical accounting books value.

If you get a permanent visa you will subjected to import a car only permanently.  You can only import permently cars WITHOUT payiny tarrifs if they ar 8 or 9 years old, they pass a border environmental control and they were manufactured in US or Canada.  You can always permanently import any vehicle PAYING tarrifs.

If you permanently import a car as long as you pay the tarriffs you can import as may cars and motorcycles as you want.

Does this sound like anything we are being told?

Hope he is right.

Continue reading here …

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Further details on these issues can be found at:  Common Immigration Questions … and Answers by a Popular Mexican Lawyer   and  New Rules and Procedures for Immigration, Visiting, and Staying in Mexico
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

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15 Responses to Common Mexican Immigration Questions … as Answered by a Popular Mexican Lawyer

  1. Eddie Bice says:

    You said in an earlier article:
    ~ Residente Permanente offers the ease of a single, one-time application/registration.
    ~ There is only one payment needed for Residente Permanente vs. 4 years of Temporary Resident payments.
    ~ Residente Temporal card holders must change to Residente Permanente after four years of Temporary Residency anyway (or change to 6 month Visitor permits).”
    So, If I don’t have an income of $3,000 a month, I don’t qualify for a Residente Permanente??
    Does that mean I have to cross the border every 6 months and get a tourist visa? Or am I not understanding the procedures?

    • yucalandia says:

      Hi Eddie,
      Your basic understandings seem good. There are some legal work-arounds, though, but we need a little more information about your situation:

      What current INM permit do you have?

      What is the ” Prórroga # ” or ” Refrendo # ” on the back of your current INM card ?

      What is the expiration date of your current INM card / permit?

      Did you have any prior FM2’s or FM3s? If so, have you had any breaks, expirations, lapses, fines or penalties on any INM permit you had? (if so, please describe the details)

      Do you own Mexican real estate?

      Do you have any regular monthly income deposits, pension deposits, Social Security or VA benefits or disability benefits, or annuity payouts, bond-returns?

      Do you have any savings or investment accounts or retirement accounts?

      Where are you currently living?

      Depending on the answers to these questions, you may qualify for Residente Permanente – but it can depend on what INM office you apply at.
      All the best,
      steve

      • Eddie Bice says:

        Hi Steve,
        Thanks for responding to my email.
        My current INM permit is Residente Temporal.
        The Renovación # is 3.
        Expiration date is: 11/4/2014.
        I’ve been in Mexico 13 years. No breaks, expirations, lapses, fines or penalties.
        No real estate. I had a house but put it in my girlfriends name to save paying Fidecomiso.
        I have Social Security income.
        No savings or investment accounts or retirement accounts.
        Currently living in Bucerias, Nayarit.
        I apply at the INM office in Nuevo Vallarta.

      • yucalandia says:

        Hi Eddie,
        You will have completed 4 years on your permit when it expires April, 2014 – correct? I have not seen the new Residente Temporal cards to know if the “Renovación 3” means that you have completed 3 total renewals>>

        Formally, you will have until April 2014, completing 4 years as Residente Temporal, to qualify for Residente Permanente. Did you ask INM for a Residente Permanente when you applied this year, or did you simply apply for Residente Temporal?

        If you had real estate, savings, or other income (other than SSI), then the combination of these could qualify you, (if your local INM office is lenient like ours in Merida). You did save a bunch of $$ by not paying the Fideicomiso, but that choice likely seems to mean staying on temporary INM permit status until April 2015. Hopefully, INM de Nuevo Vallarta will not require proof of personal financial solvency from you then. The published rules say that you qualify for Permanent Residency then, but local INM offices and individual agents do sometimes require extra-legal proof of assets/income. Alternately, if you can prove that you are an official concubino of your girlfriend (essentially a Common Law spouse), then you qualify after only 2 years of estancia de concubino .

        Can you prove that you are her common-law spouse for the past 2 years, and will she sign-on as your sponsor?
        Happy Trails,
        steve

  2. Eddie Bice says:

    Steve,
    Yes, she and I have been together 12 years, but how am I going to prove that? I have pictures of her and I and her 2 daughters when we were all younger. Who and where do I go to, to prove that?
    Yes, she will sign-on as my sponsor. No one has ever asked that. Is that on a form that I fill out?

    • yucalandia says:

      Hey Eddie,
      You just ultimately went beyond our pay-grade. *grin*

      We only know that the May 2011 INM law specifically issued the right of Residente Permanente to concubinas y concubinos to “keep families together”. Concubinas y concubinos are accepted relationships in Mexico, but I don’t know what proofs are required to get INM approval.

      If you are good at working with your INM office, I would ask them – or – contact a good local abogado or Notario – since there may be state-specific requirements for meeting/proving estancia de concubino ???
      Happy Trails,
      steve

  3. Dave in Ont says:

    There seems to be something magical about having “Porroga 4” on the back of your no-inmigrante card! While on a fact finding mission to INM about 3 weeks ago, the gal told me that all I would require was my passport, existing residency card and a CFE bill (with copies) NO financial records would be required.

    Although our cards don’t expire until October, she offered to start the process immediately, that day. With our flights back to Canada already booked, I didn’t choose to start at that time. (the timing wouldn’t have been good) and I wanted to get our vehicle nationalized while it was still in Mexico legally.

    • yucalandia says:

      Hoooray for you, Dave !

      It means you have completed enough temporary residency years, and that you can go on to Residente Permanente, without proving any income, etc.
      or

      Booooo ! I can’t keep my TIP car anymore, or … to keep the TIP car, I have to make trips to the border with the car every 6 months for new Visitante permits and TIPs, or… I have go back home to a Mexican Consulate to start the Temporary Residence permit process, all over.

      WELL DONE !
      steve

  4. linda439712 says:

    I’m currently having my permanent residency card processed. I’ve been told by my facilitator that, where available, the Mexican constitution allows new residents to avoid having my 2004 vehicle nationalized in favor of putting UCD plates on my car. There are restrictions on where it can be driven. I am in Guanajuato and would be happy to just drive within the state. However, others disagree, such as the SAT representative. No word on what Aduana says. My facilitator is very adament that the Mexican constitution is allowing residents to go this route, similar to IMSS and Seguro Popular eligibility for foreign residents. Can others share their experiences? Our US Consul here has spoken with both Migracion and SAT and was told under no circumstances can permanent residents use UCD plates. One would think that’s enough of a confirmation to not consider UCD plates. Having said that, new registrants are given a letter *below from the Secretaria de Gobierno addressed to Presidente de la Union Campesina Democratica y firmantes authenticating the plates and apparently preventing seizure. I’d like to believe that includes new permanent residents but my gut tells me it’s only for Mexican nationals. Comments?
    https://picasaweb.google.com/112356734167514171105/UcdLetteer?authuser=0&authkey=Gv1sRgCNq31o-Ty93jLA&feat=directlink

  5. I would like to immigrate to Mexico, I live in Australia for 32 years originally from Chile / Australian Citizen I am close to get my pension. Where does Steve (Lawyer) located? we are a couple that we are goingl be ready to buy a property in Mexico etc financially independent, Can some one give some advise.
    Rene

  6. Lena says:

    Question, we are wondering about applying for a work visa since a school in Mexico wants my husband to teach English. However with the new laws, we are told we need to change our Tourist Status to Work status outside of the Mexico, so we are flying to the U.S. next month and are wondering what we need from the school here for the US embassy. We have emailed the US embassy but are wondering if you have any information about this.

    Thanks,
    Lena

    • yucalandia says:

      Hi Lena,
      The US Embassy effectively knows nothing official about this, and has zero responsibility for knowing. The Mexican Consulates are supposed to know, but they generally don’t, because these rules and laws are INM and Hacienda rules…. Contact INM and Hacienda to get the real answers…

      I plan to go down to INM in the next day or two, and I will ask for clarifications… In legal theory, yes, you are supposed to get an: entry to Mexico with permission to work visa … from a Mexican Consulate in your home country, before entering Mexico – but there may be good work-arounds for currently legal residents (or special visitantes – with permission to work) – work-arounds on which that I will work to find the official and practical details to do it easily… ??
      steve

    • yucalandia says:

      Hi Lena,
      I went to our INM office to ask about your situation. They said you need to apply at your Mexican Consulate for a:

      Visa de residencia temporal por oferta de Trabajo

      The Mexican school is supposed to give you a “carta oficial de oferta de trabajo“, on their official letterhead stationery. The letter must specify:
      – your name (as on your passport),
      – the name of the person making the offer of work,
      – the “typo de trabajo y typos de actividades“,
      – the “lugar de trabajo“,
      – the “periodo de trabajo“,
      – “cuanto trabajo
      – “monto de la renumeracion“,
      – “nomber y titulo de representante de la escuela

      and a “copia de la constancia de inscripcion del empleador ante el Instituto“,

      Plus, when you come to finish the process in Mexico, at INM, you will need:
      – “Original y copia de la identificacion oficial vigente de la persona fisica o del representante legal de la persona moral, institucion publica, academica artistica, cultural o deportivo en caso de que se trate de meicano, o tarjeta de residencia vigente en caso de que se trate de una persona extranjera.

      – “Orinal de la oferta de empleo en papel membretado en la que señale la ocupacion que desarrollará la persona extranjera conforme a la clasificacion de Sistema Nacional de Clasificacion de ocupaciones o el que en su momento sustituya a esta, temporalidad requerida, lugar de trabajo, y monto de la renumeracion.

      – a “copia de la constancia de inscripcion del empleador ante el Instituto“,

      – “Los requisitos para el sistema de puntos cuando se trate de residencia permanente“,

      – “Copia legible del pasaporte o documento de indentidad y viaje de la persona extranjera para el que se solicita visa.

      Hope this helps…
      steve

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