New Changes to Immigration Laws |
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There have been some major changes to Mexico’s Immigration laws that will affect all foreigners visiting Mexico or living in Mexico either part time or full time. This will be a simplified description of what is going to change and how it will affect us.
First, the immigration classifications known as the FM-T,3, 2 and Inmigrado are going away and will be replaced by basically three main classifications which are VISITOR, TEMPORARY RESIDENT AND PERMANENT RESIDENT. Some of these classifications have sub-classifications but they generally deal with either temporary or permanent working permits. For simplicity, I am not going to discuss these sub-classifications in depth or, in some cases, not at all.
The VISITOR classification is just about what it says. It is a visitor’s permit, good for 180 days. In some circumstances, a person with a VISITOR permit may be allowed to work but it is generally intended for regular tourists.
The next classification is that of TEMPORARY RESIDENT. The TEMPORARY RESIDENT can, with permission, engage in remunerative activities, with a right to enter and stay in Mexico as desired. The card is good for four years before needing to be renewed.
The last classification is that of PERMANENT RESIDENT. It appears that this classification is going to replace the former Inmigrado classification and is actually a real “Permanent Resident” status. There are many advantages of obtaining a PERMANENT RESIDENT status, the main one being that you never have to go to an immigration office to renew your document again. With a PERMANENT RESIDENT classification, the holder has the right to apply for permission to perform ruminative work, something the former “FM-2 didn't but the former Inmigrado did.
There are many ways a person can obtain a PERMANENT RESIDENT status. Here are the four main ways:
1. You have spent four years in a “Temporary Resident” status. (NOTE: There is still some confusion on how people will receive credit “for time served” in the prior classification but this should be clarified by the time the new regulations are implemented); or
2. You have children born in Mexico; or
3. You are a retiree with a pension from a foreign government, foreign organization or company, and it provides enough income to sustain you in Mexico; or
4. You are qualified for “PERMANENT RESIDENT” status on the basis of a point system (still to be established). The point system will, at a minimum, take into account the following: educational achievement, work experience, special aptitudes for the development of science and technology, International knowledge (not further defined), and aptitudes for the development of activities that Mexico requires. While it has not been spelled out as yet, it is anticipated that additional points will be awarded for financial resources, including ownership of property.
The new regulations also are more liberal in reporting requirements. Under the new regulations, holders of migratory documents will now have 90 days (instead of the former 30 days) to notify INM of any change in their nationality, marital status, address within the country, or place or type of work performed.
Mexico appears to be making the changes for three main reasons. First, to reduce or eliminate the variations in the way migratory documents have been processed in the past. Secondly, to make the process less expensive and burdensome to those who want to live in Mexico, and Thirdly, to bring Mexican Immigration law current with world standards.
So to summarize, the new changes allow the VISITOR to remain in Mexico for 180 days, the TEMPORARY RESIDENT for four years before renewal and the PERMANENT RESIDENT permanently (no renewals… ever).
The two main things foreigner still can’t do are to own property in the “forbidden zone” (100 km. of an international border or 50 km. from an ocean) and vote. You will need to naturalize to do those things. Baja is entirely in the “forbidden zone” so until that law is changed, foreigners must still rely on a fideicomiso or a corporation to own property.
If you have any questions, please do not call immigration. They are going to be swamped for a while and they don’t have many of the answers yet. Remember, these new regulations have not yet been implemented but you can expect them to be soon.