More Changes to Mexican Immigration Law Coming October 17, 2014

October 10, 2014:
The well-respected Mexican attorney, Lic. Spencer McMullen of Chapalalaw.com, offers this latest update to Mexican immigration rules and policies, based on the Oct. 10, 2014 DOF:
http://www.dof.gob.mx/nota_to_doc.php?codnota=5363602

“HUGE Changes today to Mexican immigration law
These changes apply to visas issued at Mexican consulates outside Mexico. I am assuming that there will be a publication soon applicable to people renewing within Mexico to harmonize the new lower financial requirements.

Reduced income requirements for temporary residence, new income / asset requirements:
Balances in bank 5,000 days minimum wage (67.29 pesos) $336,450 pesos or $25,164US
Monthly income 300 days minimum wage (67.29 pesos) $20,187 pesos or $1,510US
1. Original y copia de comprobante de inversiones o cuentas bancarias con saldo promedio mensual equivalente a cinco mil días de salario mínimo general vigente en el Distrito Federal, durante los últimos doce meses; o
2. Original y copia de los documentos que demuestren que cuenta con empleo o pensión con ingresos mensuales libres de gravámenes mayores al equivalente de trescientos días de salario mínimo general vigente en el Distrito Federal, durante los últimos seis meses.

Permanent residents have same income requirements but lower asset requirements:
Balances in bank 20,000 days minimum wage (67.29 pesos) $1,345,800 pesos or $100,658US
Presentar los documentos que acrediten alguno de los siguientes supuestos:
a. Jubilados o pensionados:
1. Original y copia de comprobante de inversiones o cuentas bancarias con saldo promedio mensual equivalente a veinte mil días de salario mínimo general vigente en el Distrito Federal, durante los últimos doce meses, o
2. Original y copia de los documentos que demuestren que cuenta con pensión con ingresos mensuales libres de gravámenes mayores al equivalente de quinientos días de salario mínimo general vigente en el Distrito Federal, durante los últimos seis meses.

Lic. Spence McMullen, Mexican licensed attorney (Cédula #7928026) and official court translator (Perito Traductor). Mx 376-765-7553″

We’ll report more details as they become available.
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For details on visiting or moving to Mexico, see our main immigration article at: ~ Current 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

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43 Responses to More Changes to Mexican Immigration Law Coming October 17, 2014

  1. igualla7 says:

    Is there anything taken into account for property ownership in Mexico?

  2. Dianne Davis says:

    So … Regardless of having a temporal residency for four years, an additional income requirement of over $100,000 sitting fallow in some bank is now in place to be considered permanent? This seems to indicate that once my temporary residency expires I will no longer be welcome in Mexico because my social security will only be around $1500 per month. Is this correct? This is very discouraging news!

    • yucalandia says:

      Hi Dianne,
      The standards described above are for first time applicants, who have not completed a prior 4 years of temporary residency.

      In other words, there are 3 paths to Permanent Residency:
      1. Complete 4 years of Temporary Residency, or
      2. Go straight to Permanent Residency by meeting the higher income and higher savings requirements, or
      3. Become a Permanent Resident as a family member or spouse of a Permanent Resident or Mexican citizen.
      steve

      • Dianne Davis says:

        Ahhh … Thanks, Steve, for clarifying that. I hear lots of “facts” around Ajijic, but I always refer to your website for the whole truth.

  3. Property ownership is taken into account but people have reported that getting them to use property has been problematic, we should see further publications and refinements in the next week or so for in country changes as well as the point system. As far as using property goes, here is the guideline published today in Spanish

    f. Bienes inmuebles en territorio nacional:
    Original y copia de Escritura Pública otorgada ante Fedatario Público que acredite que la persona extranjera es titular de bienes inmuebles, con un valor que exceda de cuarenta mil días de salario mínimo general vigente en el Distrito Federal.

  4. Rick says:

    What good are these new laws when some Americans and Canadians come here on a tourist visa and then stays after it expires? There is no enforcement. Some even then go on to open a business (and their only source of income) thus avoids paying taxes because they have no work visa. It can be seen around Lake Chapala all the time.

    • yucalandia says:

      Hi Rick,
      True, immigration fraud is a problem around the world – with 1,000’s sneaking into the USA and Europe annually.

      The new rules help legitimate honest applicants qualify to come & stay here,
      steve

      • Rick says:

        Steve I don’t mean to sound negative nor bad to Mexico or the new laws. I’m just venting from aggravation with seeing my Mexican friends go without work because of Americans or Canadians taking their jobs. I do realize this happens around the world and in America.

      • Wilma says:

        I agree with Rick 100%.

  5. mexicomystic says:

    However… it’s stressful looking over your shoulder , wondering if you’re going to get deported. Someday there may be a crackdown and these people may become a shining example of the ugly tourist. I came here in 68 and all I had was a tattered draft card, Now you have to have a passport with a bar code and other requirements… things change sometimes over night. If you do it legally you sleep better at nights, even if it costs more.

  6. txag84 says:

    Is it income AND money in the bank or is it income OR money in the bank? Do brokerage accounts count as money in the bank? I’d hate to have to cash stuff in just to have cash sitting somewhere earning .1%.

    • txag84 says:

      Also, thank you for posting this information.

    • yucalandia says:

      The personal fiscal requirements are met, if you meet any single requirement (retirement income OR savings accounts).

      “Money in the bank” is too precise, as the requirement is for savings. Bank accounts, savings accounts, retirement accounts all qualify. If you can convince the Consulate that a brokerage account is savings, which they are for some people, then yes, a brokerage account qualifies.
      steve

  7. richmx2 says:

    I take it these are for non-working visas. There are plenty of people like myself with nowhere near the income levels mentioned for the leisure-class visas. And, yeah, some of did come here as reverso mojados. Like our brethern headed the other direction, we sure as Hell did and do pay taxes. Besides withholding on my income (which I couldn’t collect), there was that pesky IVA you couldn’t avoid.

    • Wilma says:

      That would be good to know. When my husband formed a Mx. Corp. about 20 years ago we both got FMs as partners with no questions about income. For renewals we never had to show any assets or any income, just the current Corp. tax returns. The FM’s slowly evolved into Inmigrado and I don’t have to talk to them ever again.
      It did get to be a pain in the butt as we ended up having to file monthly returns, even if there was no business income or activity.
      From what I hear from friends that was always the case. It may now still be the same.

  8. Rose says:

    I was relieved when I read your clarification (here): “The personal fiscal requirements are met, if you meet any single requirement (retirement income OR savings accounts).” Sure do hope they’ll accept brokerage accounts, since that’s where the most of our money is – hoping (!) that those savings will “grow” during our retirement years.

    Do you know what the requirements are for a couple? Is it better if each person, in the couple-dom, applies as a single, rather than as a husband-wife team?

    Thanks for all your great communications!

    • yucalandia says:

      Hi Rose,
      The requirements are per individual. If each person has enough assets in their names to qualify, then both spouses could apply at the same time.

      If the couple has enough assets only under one name, under the last 2 years of INM policies, the individual who has enough $$ in their name (NAME ON THE ACCOUNT), then applies for residency (RT or RP). After that person gets their residency card, then the spouse applies for the same residency visa status under the INM Unidad de Familias provision (Unifying Families) and is automatically accepted. This is described in our main article on immigration listed at the bottom of the post above, under the subsections for Other Categories/Qualifications that Permit a Foreigner to Become a Residente Temporal or a Residente Permanente at: https://yucalandia.com/answers-to-common-questions/new-rules-and-procedures-for-immigration-visiting-and-staying-in-mexico/#Other%20Categories/Qualifications%20that%20Permit%20a%20Foreigner%20to%20Become%20a%20Residente%20Temporal

      Happy Trails,
      steve

      • Rose says:

        Thanks! A quick follow up question to this, please: Not that I even want to this of this possibly happening, but what if the one who applied for the residency dies? Does that become a complicating circumstance for the spouse who is still living there? If this were to bring potential headaches, I’m thinking it might make sense for each to get their own residency, if they can afford it. Thoughts on this?

        My husband, Jim, and I are hoping to retire to Mexico – most probably Guanajuato, or perhaps Queretaro – in about a year. We’ve just returned from again visiting these incredible cities. So wonderful!

        I really enjoy your website. Thanks for sharing such great information with us!

      • yucalandia says:

        Hi Rose,
        Since INM awards/approves the RT or RP visa to the spouse (under Vinculo Familiar pare Unidad de Familias) within just 2-3 weeks of application, and you get your visa card typically within 4-6 weeks after applying, it’s really unlikely that one spouse would die within those 2-3 weeks after the Vinculo Familiar application. It costs basically the same which ever way you apply (at the same time, or sequentially),
        steve

  9. Rose says:

    Again, this is good news, and I thank you for the clarification. Can you tell me this, please (and I’m sorry if it was already stated and I missed it): Do they accept brokerage (Schwab) retirement (IRA) accounts as the “bank” accounts? Muchas gracias!

  10. Sue says:

    So, DOES this mean that we will be able to go back to applying for our FM3s IN Mexico once again, or is it still status quo, and applications still need to be done at a Mexican consulate in our home countries…???

    • yucalandia says:

      Hi Sue,
      First, there are no FM3s for the past 4 years. There were “No Imigrante” visas (that replaced FM3s) for 2 years, and now there are Residente Temporal visas.

      Second, we have continued to be allowed to apply for getting a new Residente Temporal visa inside Mexico, when you have a Residente Temporal visa that is completing its 4’th year. You do this by allowing the existing 4’th year RT visa expire, and then go into your INM office, pay a modest fine for allowing the visa to expire, and apply for a fresh shiny new RT visa with 4 more years of eligibility.

      Third, If you have a TIP car, you must take the car to the border using a Retorno Seguro permit, surrender the old TIP, and get a new TIP to match your new RT visa.
      See our main article on Immigration for more details,
      steve

      • Sue says:

        Well, we ‘tried’ doing just that last year (re-applying for our temporal) in Progreso…
        We were told that we had to go back to our home country (CANADA) and apply there!
        All because when we came back into Mexico the agent at the counter refused to even look at our FM3 card and put us down as tourists! Not realizing this at the time, when the time came to re-new our Temporal card, she put the card info in to her computer and told us NO WAY…we HAD to reapply in Canada!!! That her hands were tied….Very by the book young woman!!! 😦

      • yucalandia says:

        Hi Sue,
        Many INM clerks do not know many of the rules, and are not aware of the route of allowing the old 4’th year of Residente Temporal visa to expire, and then pay a fine at your local INM office. As proof of this route, the INM law even lists the amount of the fine for doing this. (see our main article on Immigration to Mexico for details)

        This is one area where many clerks do not know the rules, so it can require the foreigner to explain the unusual procedure – and then if the clerk still balks, call in a supervisor or even a manager to explain what is possible.

        It is also possible that the INM Progreso is such a small satellite office that even the managers don’t know the minor rules – similar to the small Aduana office at the port not knowing the rules on temporarily imported cars – as it took having the Mexico City DF Aduana office to beat on the local Progreso Aduana clerks and manager for over 6 months to get them to finally change from their local policy to instead follow national rules on TIP cars.

        Sorry that it worked out that way for you,
        steve

  11. Pingback: Mexican Immigration Changes « Ensenada Gringo

  12. Dave Grundy says:

    Sue…I don’t quite follow you as to why the immigration officer would put you down as a “tourist”. When we LEAVE Mexico, we have to fill out an FMM form, both halves get stamped at INM at the airport or the border and then one half goes to the airline ticketing agent or stays with the immigration officer. The other half stays with us while we are out of Mexico and gets handed in when we return. Since we only have “half” of the FMM form when we return there is no option for the immigration officer to assign us “tourist” status.

    NOW, if you filled out a new FMM on the plane or at the border, then you were the one who made the mistake.

    As far as the gal at the Progreso office is concerned, Alejandra is the most helpful and knowledgeable INM official we have ever had the pleasure to meet. If she seems to be going “by the book” it is because she has to.

  13. anthonykruiser says:

    Hi Steve: This was just published in our local Pueto Vallarta newspaper, the shock is in the final paragraph, do you have anyknowledge on this?
    “As of 17 October 2014 the following changes have been reported:
    The economic solvency requirement for Mexico Residency was lowered by 80%.
    “Foreigners now are only required to provide bank statements showing an average monthly balance of the equivalent of $336,450.00 pesos, which is around $25,000.00 USD.

    ” If you are employed or receiving a pension, this amount was lowered to the equivalent of $20,187.00 pesos, which is around $1,500.00 USD.

    ” The Permanent Resident Visas will now only be issued to foreigners having a family link to a Mexican resident or citizen. We do not yet know if you are on the 4 year Temporary Status whether you will still qualify to proceed to Permanent Status.”

    • yucalandia says:

      Hi Anthony,
      The Puerto Vallarta report has several factual errors. The changes were actually made, published publicly in the DOF and widely reported all on Oct. 10, 2014, not Oct. 17, so this reporter is a week late in reporting the news. The new rules took effect on Oct. 17 – which is what we reported above.

      Next, the personal fiscal solvencia requirements were reduced for Residente Permanente savings balances by about 20 PERCENT.

      TEMPORARY residente bank balance requirements were reduced to 5000 days minimum wages, down from the previous 20,000 day requirement.

      Since the NEW LINEAMIENTOS (10/10/2014) include income or savings requirements that permit foreigners to qualify for Residente Permanente visas, it makes the last claim by the Puerta Vallarta newspaper completely false….

      Overall, we love to get reports like this one from the Puerto Vallarta newspaper, to get a sense of what incorrect rumors are floating around – and why some gringos write odd things on the internet (from reading incorrect sources).

      THANKS!
      steve

    • yucalandia says:

      Anthony,
      Another area where this Puerto Vallarta reporter misses reality is that the Oct. 10, 2014 changes to the Lineamientos are RULES FOR THE CONSULATES, and they do NOT replace the old Lineamientos for INM. and they clearly DO NOT REPLACE the 2010 IMN Law.

      The 2010 INM Law clearly states:
      Article 55, Item III
      Permanent residency can be awarded with less than 4 years of residency, if the applicant qualifies under the new Points System** (based on what special qualifications/abilities you can offer to Mexico).

      So, the PV reporter does not understand understand the hierarchy of Mexican Law, where the INM law supercedes the Lineamientos for Consulates…
      or
      the PV reporter simply does not know the INM Law of May 25, 2010.

      All the best, … and THANKS for the fun fun (but silly) PV article,
      steve

      • Hi Steve: Glad you had a giggle… I am now being told that folks NOTB who meet the revised financial requirements can proceed direct to Permanente Status without the Temp 4 years… true? Also: disclosure of bank statements: a couple with a joint account: is this sufficient for the 2 of them, even tho it only meets financials for one of them? And finally for today: A man on a tourist visa drove in thru, ie,Nogales, paid $400, knows he has to leave before the visa expires, wants to do so via, ie Guatemala … does he have to return to Nogales to get his deposit back or will he be ok heading out via southern border? Thanks for everything you do !

      • yucalandia says:

        Hi Anthony,
        I am now being told that folks NOTB who meet the revised financial requirements can proceed direct to Permanente Status without the Temp 4 years… true?
        This has been true since Nov. 8, 2012.
        Some Consulates were just a little slow to read & implement the law.

        Note: A few Consulates (like Boston) have previously turned away younger applicants. A few Consulates have required that any income be only from pensions. Phoenix, Chicago, Laredo, and Portland Consulates have been helpful and flexible. Boston, San Diego, and San Francisco Consulates have been inflexible and difficult and refused to follow INM rules. Now that the DOF has published SRE rules, maybe the difficult Consulates will come up to speed?

        Also: disclosure of bank statements: a couple with a joint account: is this sufficient for the 2 of them, even tho it only meets financials for one of them?
        Both the Consulates and the INM offices require that the financial statements have the name of the applicant on the top. – so no sharing assets to meet the requirements of 2 simultaneous applications – use the statements for one of the 2 people listed.
        but
        INM did make an easy path for spouses to qualify: Remember “Vinculo Familiar” para “Unidad de Familia”.
        The spouse with the financial statements in their name applies for Residency (Temporal or Permanente), and qualifies to come to Mexico to finish the process with their local INM office. The other spouse is encouraged to travel to Mexico with their qualifying partner, but the non-qualifying spouse enters Mexico on a standard 6 month Visitante visa.

        Once the primary (qualifying) applicant finishes their INM process, and gets their Residency card, that spouse then files a “Vinculo Familiar” application for “Unidad de familia” at their local INM office – to unify their family by automatically getting the remaining spouse THE SAME RESIDENCY visa. Both spouses (and family members qualify) then both have Residente Temporal or Residente Permanente visas.

        See these 2 sections of our main Immigration article for details: https://yucalandia.com/answers-to-common-questions/new-rules-and-procedures-for-immigration-visiting-and-staying-in-mexico/#Other%20Categories/Qualifications%20that%20Permit%20a%20Foreigner%20to%20Become%20a%20Residente%20Temporal
        and
        https://yucalandia.com/answers-to-common-questions/new-rules-and-procedures-for-immigration-visiting-and-staying-in-mexico/#Other%20Categories/Qualifications%20that%20Permit%20a%20Foreigner%20to%20Become%20a%20Residente%20Permanente

        And finally for today: A man on a tourist visa drove in thru, ie,Nogales, paid $400, knows he has to leave before the visa expires, wants to do so via, ie Guatemala … does he have to return to Nogales to get his deposit back or will he be ok heading out via southern border?
        He can leave at any border crossing that has a Banjercito office – to turn in his old TIP, and recover his deposit.

        Happy Trails,
        steve

      • anthonykruiser says:

        Hi Steve
        Our group have received email as follows and would appreciate your comments… she is a single female so the “family membership” won’t apply to her…

        “On October 21, 2014, I went to the Mexican Consulate in Calgary to begin the process for my Mexican Permanente Residente Card. My forms were all filled out correctly, I met the qualifications for the Retired category for Permanent Status, my papers were stamped and I was told to come back in 3 hours to pick up my card.
        I knew that one did not have to have a Temporale Status or a FM3 first in order to apply for Permanent. However in my excitement about my “Mexican page” in my passport, I failed to notice that the status said Temporale and not Permanent. In addition, no one even mentioned that though my forms said Permanente, they were going to make it Temporale.
        It appears the Mexican Government/Consulate made an announcement (October 17, 2014) that they would no longer be giving Permanente applications to those starting in Canada unless there was a family member with permanent residency in Mexico. As a result, those seeking Permanent Resident Status starting the application in Canada will be only be given temporale.
        I am now in the process of completely the residency card and while we will ask about having it changed to Permanent this is what I have been advised. I can go through the process to get the Temporale and then at any time before the year is up, apply to have it changed to Permanente while I am here in Mexico. That is what I will likely do.
        If I learn or experience any other things, I will be sure to share. At this point it looks like if you are wanting to start a Permanent Resident Card application in Canada at a Mexican Consulate it cannot be done”

      • yucalandia says:

        Hi Anthony,
        Bizarre.

        The latest SRE updated law (see above) clearly allows foreigners to qualify for Permanente at their Mexican Consulates.

        The official Toronto Mexican Consular website clearly allows generic Canadians to apply for Residente Permanente: http://consulmex.sre.gob.mx/toronto/index.php/en/services-to-foreigners/228
        Permanent Resident Visa
        Foreigners who wish to remain in Mexico indefinitely may apply in person for a Permanent Resident Visa at the Consular Office closest to their place of residence.

        … nothing about restrictions to only family members of residents of Mexico…

        Some nit-picky ultra-strict Mexican Consulates (like Boston, San Fancisco, and San Antonio) have added their own requirement that the Permanente applicant must be receiving some monthly pension/retirement payments – meaning that only formally retired people are allowed Permanente status at these Consulates – plus they have turned away some Permanente applicants solely because the applicant was young.

        Maybe she misunderstood why they bounced her down to Temporal since they might have denied her due to not being retired, or for not having pension income?

        You wrote:
        It appears the Mexican Government/Consulate made an announcement (October 17, 2014) that they would no longer be giving Permanente applications to those starting in Canada unless there was a family member with permanent residency in Mexico. As a result, those seeking Permanent Resident Status starting the application in Canada will be only be given temporale.

        Do you have any links or official publications that say this?

        We have seen nothing to confirm this proposal,
        steve

      • anthonykruiser says:

        I have to say I’m pretty confused! . This woman did say in her email that she met the retired requirements. What was amazing (to me) was they said she could go back in 3 hours to pick up her card!! I’ll ask this person and get back to you, but I suspect not. We had another member arrive here having started paperwork in Canada and locally would only allow her a one year temp visa when she wanted to pay for 4 years! And then we had the couple, American, who started their paperwork and paid – and had to pay all over again down here to finalise it, despite showing proof of payment…The local office was charging a 1,000 pesos “admin fee” to process but lately that seems to have stopped…”manana” !

  14. Claudia says:

    Please use my new e-mail. . .

    Sent from my iPad

    >

    • yucalandia says:

      Hi Claudia,
      Any tracking or automatic email updates are not controlled by us at Yucalandia – they are our webhost’s activities: WordPress.

      You need to go into your WordPress account and change/update your email there.
      steve

  15. Pingback: Making it all legal in Mexico

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