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LEY DE MIGRACION PARA MEXICO


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#1 Warden USA

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Posted 14 June 2011 - 09:49 AM

This post is just a preliminary report on the aspects that affect expats, because even though the Ley de Migracion was published today, the associated regulations with specific requirements (El Reglamento) for the new Immigration law have not yet been published. This means that INM has no procedures in place yet for how to apply the new law, nor do they have instructions for issuing the new "Tarjeta de Residencia" cards.

The new law has bundles of changes affecting ex-pats that dwarf last May's changes.


LEY DE MIGRACION PARA MEXICO



For starters, here's a partial list of some of the new interesting twists:

No more FM2′s or FM3′s, no more stand-alone Non-Inmigrante & Inmigrante categories, and there's a tweaked Inmigrado category. Tourists and other Visitors descriptions have not changed much.



Instead of the old "Inmigrante" & "No Inmigrante" (FM'2 & FM3′s), there are 4 new categories:
"Visitante": 6 Types: Non-Working Visitors (tourist), Working Visitors, and Visitors for Adoptions, Humanitarian, etc. 180 day limit. See Chapter 2, Article 52, Items I – VI of the Law.for descriptions of all 6 types.

"Residente Temporal": Covers the old "No Inmigrante" (old FM3) , 4 year limit per visa, Work Permit possible, Leave and Re-enter as many times as desired. This also seems to include the old "Inmigrante" FM2 "Rentistas" ***
See Chapter 2, Article 52, Item VII

"Residente Temporal Estudiante": Covers Student Studies, Research, Training, including working on university degrees.
See Chapter 2, Article 52, Item VIII

"Residente Permanente": Several types: Covers the old "Inmigrado" and a few special "No Inmigrantes" (the old FM3s for asylum seekers & refugees ), and it appears to cover working "Inmigrantes"**. It allows indefinite stays, no need to renew, and includes the right to work.
See Chapter 2, Article 52, Item IX
and Transitorios, Sexto, I – VI (see more below)**

* * * *



Other Items Affecting Ex-Pats:
Permanent residency can be granted after just 4 years of Temporary Residency.

Permanent residency can also be granted after 2 years of marriage or common law relationship with Mexican citizen, (with such marriage also recognized by the Mexican Government by successfully registering a foreign marriage with your Registro Civil). Such Permanent Residency also depends on the applicant successfully completing 2 years of Temporary Residency (concurrent with the marriage).
Article 55, Item II

Permanent residency can also be granted to concubines after 2 years of Mexican bliss (as a part of the 2 years of Temporary Residency).
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.
Article 57

There will be new ID cards, called "Tarjeta de Residencia" (as "Temporal" or "Permanente").
Article 28, Item XXVIII

Mexico will also introduce a new Points System for permanent resident applicants who would like to be granted residency before the standard 4 year temporary residency requirements. The Points can be awarded based on level of education, work experience, skills in areas related to the development of science and technology, international surveys, and the skills to develop activities that are required by Mexico. Article 57, Item II.

Since it took nearly a month for local and regional INM offices to digest and implement the far-less-dramatic May 2010 changes, and some of last years immigration policy changes were not fully worked out until the following August, we suspect that it may take another 6 months before most of the dust settles on this round of changes. This would fit with the new law's requirement that the INM issue implementing regulations within 180 days from the May 25, 2011 publication of the Law.

There have been no formal announcements yet of when the new changes will take effect, but in the meantime the Transitorios section (described below), should govern INM processing of new applications filed after May 25. All current applications and renewals filed before May 26 fall under the old rules, just like they did with applications and renewals filed before the May 2010 changes. All current Inmigrado and No Inmigrado visas (FM2′s &FM3′s) will remain valid until their expiration dates (see your "Vencimiento" on page 7 of FM2′s = Fecha de Caucidad), and people holding current FM2′s and FM3′s will only have to comply with the new rules when they apply for renewals under the new system.

In addition to the official Gob. de Mexico link supplied above, they also have a copy of the same new law at this website:

New LEY DE MIGRACION PARA MEXICO in Spanish



We offer both links, because El Gobierno de México regularly and abruptly shuts down some their new webpages.



Our Crack Legal Staff

The web version of the new law is 25 pages long, which means it will take some time for the legal beagles to sniff-out all the implications.

* * * *

Additional information on how the new categories line up with parts of the old categories:
The Diario Oficial website has been updated and is up and running. The Transitorios section (listed after Article 162) govern the period between May 26 and whenever INM issues and implements the new regulations.

On the issue of "Permanente Residente" / old "Inmigrado", the new law's Transitorio section reads:
After Article 162: "Transitorios, Sexto: VI. Los extranjeros que hayan obtenido la calidad migratoria de inmigrado, se equipararán al Residente permanente. "

This translates to:
" VI. Foreigners who have obtained the immigration status of "inmigrado", are deemed equivalent to Permanent Resident status. "

Continuing on the issue of "Permanente Residente" / and some "No Inmigrantes" (some of the old FM3s), the new law reads:
After Article 162: "Transitorios, Sexto: IV. Los extranjeros que hayan obtenido la calidad migratoria de No inmigrante, dentro las características de asilado político y refugiado, se equipararán al Residente permanente;

This translates to:
"IV. Foreigners who have obtained the immigration status of "No inmigrante" (old FM3), who meet the characteristics of political asylum and refugees, are deemed equivalent to Permanent Resident status."

Going to the issue of "Temporal Residente" / some "Inmigrantes" (some old FM2s, including "Rentista"(?) ), the new law reads:
***After Article 162: "Transitorios, Sexto: V. Los extranjeros que hayan obtenido la calidad migratoria de Inmigrante, dentro las características de rentista, inversionista, profesional, cargo de confianza, científico, técnico, familiar, artista y deportista o asimilados, se equipararán al Residente temporal, "

This translates to:
"V. Foreigners who have obtained the immigration status of "Inmigrante" (old FM2), who meet the characteristics "Rentista" (financier), investor, professional position of trust, scientific, technical, family, artist, sports athelete or similar, be equated to Temporary Resident status. Note that Inmigrante Rentista, Inmigrante Cientifico, etc have special legal meanings as, typically people who are not working, or are working as unpaid professionals.

These refined sub-categories and definitions make some sense, and offer some continuity with past categories and more definitions within the new law.

Special thanks to Alan from Merida and Ric Hoffman for their contributions and updates.



This article is meant as a public service announcement, not as legal advice, and this artilce will be updated as understanings and interpretations of the new law develop.
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#2 lakeheron

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Posted 14 June 2011 - 10:35 AM

Well, whatever. Seems complicated to me.

#3 saege007

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Posted 14 June 2011 - 11:02 AM

Nothing about changing permanent residency to Citizenship.

#4 MountainGal

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Posted 14 June 2011 - 11:02 AM

It will be interesting to see whether the 4 years will date back to the original FM3 or would we have to start from scratch with the new "temporary resident" status. Hopefully the extra money spent and time waiting as FM2 will not be just wasted.

#5 jaime.molina

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Posted 14 June 2011 - 11:07 AM

Well, whatever. Seems complicated to me.


The universal rule for bureaucrats all over the world: why do it simple when you can do it complicated?

#6 Chapala Payaso

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Posted 14 June 2011 - 02:08 PM

"Nothing about changing permanent residency to Citizenship." Imigracion does not handle applications for citizenship. The department of relacions exterior does that. Different department altogether.

#7 seewee

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Posted 14 June 2011 - 02:35 PM

For RENTISTA--like most of us--there is hardly any changes. Except for calling it differently. Since last year, FM-2 and FM-3 do not exist, and now with the new law the terms Non-Inmigrante and Inmigrante are being replaced by temporal and permanente. The main change is in our favor: which is a shorter time limit (4 years instead of 5 years) for applying for permanent residency of (inmigrado) which term also is cancelled.

Please correct me if I'm wrong.
People are usually more convinced by reasons they discovered themselves than by those found by others.

#8 HappyInMex

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Posted 14 June 2011 - 02:38 PM

This post is just a preliminary report on the aspects that affect expats,

Hey, thank you so much for posting this.

#9 MountainGal

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Posted 14 June 2011 - 02:48 PM

For RENTISTA--like most of us--there is hardly any changes. Except for calling it differently. Since last year, FM-2 and FM-3 do not exist, and now with the new law the terms Non-Inmigrante and Inmigrante are being replaced by temporal and permanente. The main change is in our favor: which is a shorter time limit (4 years instead of 5 years) for applying for permanent residency of (inmigrado) which term also is cancelled.

Please correct me if I'm wrong.

O.K. I was loose with my names. As I understand it, the new law eliminates the distinction between FM3/non-inmigrante and FM2/inmigrante. Now there will be only one category - Temporary (can't recall the exact name), which will lump FM3 and FM2 (non-inmigrante and inmigrante) together. So, yes if you are FM2 (inmigrante) and have been paying more $ and waiting for your 5 years to be up, what happens next?

#10 Ajijic

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Posted 14 June 2011 - 02:52 PM

Of course much more to come but for starters a big change:

"Residente Permanente": Several types: Covers the old "Inmigrado" and a few special "No Inmigrantes" (the old FM3s for asylum seekers & refugees ), and it appears to cover working "Inmigrantes"**. It allows indefinite stays, no need to renew, and includes the right to work."

We all patiently await rules on foreign plated cars.

I can see if a home owner and living here full time one will go to the Residente Permanente status.

Nationalizing NAFTA and non-NAFTA made cars without leaving your home regardless of where you live in Mexico. Full refund if documents do not arrive.


#11 seewee

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Posted 14 June 2011 - 08:54 PM

O.K. I was loose with my names. As I understand it, the new law eliminates the distinction between FM3/non-inmigrante and FM2/inmigrante. Now there will be only one category - Temporary (can't recall the exact name), which will lump FM3 and FM2 (non-inmigrante and inmigrante) together. So, yes if you are FM2 (inmigrante) and have been paying more $ and waiting for your 5 years to be up, what happens next?

If you are presently holding an inmigrant permit (old FM2 version)you will be eligible to become a permanent resident (old inmigrado version) after 4 years instead of 5 years.
People are usually more convinced by reasons they discovered themselves than by those found by others.




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