Jump to content
Chapala.com Webboard

Archived

This topic is now archived and is closed to further replies.

Ajijic

Immigration Law Changes

Recommended Posts

Has anyone else heard of these really big changes?

http://www.visalawyerblog.com/global_immigration/

NOT implying changes are bad but certainly significant. If read correctly, means no more having to carry separate FM-3/2 visas for starters as your passport will have the information needed. But like anything in Mexico making change always leads to a lot of confusion so hopefully, the new processes are implemented well.

Share this post


Link to post
Share on other sites

They mentioned the changes last year and I've been trying to find this new manual and online they only have the old one. Changes seem to be good for the most part. Locally they've been making changes as well. I guess we will soon find out!

Share this post


Link to post
Share on other sites

Has anyone else heard of these really big changes?

http://www.visalawyerblog.com/global_immigration/

I don't see what is so big about these changes if they go through. They would seem to make doing business in Mexico from NoB easier than before, or about the same. What's the big deal?

Share this post


Link to post
Share on other sites

The big deal will be the learning curve for all involved including immigration. It might be a fine mess until all know the ins and outs. INAMI (Immigration) still has the download of the year 2000 manual on their web site. We are a little more than 2 months away from these changes and nobody knows the new procedures. Kind of like when they made local changes this year and people dropped off papers to immigration and then they gave them their papers back saying redo it but said nothing upon receiving the papers and checking them.

Share this post


Link to post
Share on other sites

I did read the manual. Lots of new forms. This will be a nightmare for all. A few things I saw that were changes:

1) You must apply for your FM2 or FM3 30 days from entering the country or be fined. you better plan on it upon entry and not get that bright idea later.

2) If your FM2 or FM3 is in process, the permission to be outside the country is good for 60 days, not 30 but now instead of having less than a week to respond to your request, they have up to 30 days. This looks like a big mess if there is an emergency but not if you know a month in advance you'll be gone but as most requests take a month, this really doesn't make sense unless they or you really screw something up.

3) FM3 holders will no longer have the benefit of a reduction of 50% of the required income if they own a home, only FM2 holders. So if this is you then make extra deposits or show extra income or you might be in a fine mess and now be able to renew your FM3.

4) Tourists and FM2 and FM3 holders will fill out the new FMM form upon arrival. I wonder what will happen if you left before may 1st and then arrive after, you'll have the old form to turn in plus a new one.

I'll still need to read it many times, take notes, chat with other attorneys and hope they have a class to explain the stuff.

Share this post


Link to post
Share on other sites

"1) You must apply for your FM2 or FM3 30 days from entering the country or be fined. you better plan on it upon entry and not get that bright idea later."--Intercasa

I'm don't understand the context of this comment. If you enter on an FMT (FMM?) and live for five months, couldn't one still apply for an FM3/FM2 a month before the FMT (FMM?) expires? Please explain, as no doubt many are interested. I was also under the impression that the carta de Tramite that you receive to explain why you don't have a Visa during the application/renewal period explicitly gives permission to leave the country without the actual Visa. Was I wrong to begin with (never tested this in reality) or is this another change. Thanks for your diligence in informing us.

Share this post


Link to post
Share on other sites

I did read the manual. Lots of new forms. This will be a nightmare for all. A few things I saw that were changes:

1) You must apply for your FM2 or FM3 30 days from entering the country or be fined. you better plan on it upon entry and not get that bright idea later.

2) If your FM2 or FM3 is in process, the permission to be outside the country is good for 60 days, not 30 but now instead of having less than a week to respond to your request, they have up to 30 days. This looks like a big mess if there is an emergency but not if you know a month in advance you'll be gone but as most requests take a month, this really doesn't make sense unless they or you really screw something up.

3) FM3 holders will no longer have the benefit of a reduction of 50% of the required income if they own a home, only FM2 holders. So if this is you then make extra deposits or show extra income or you might be in a fine mess and now be able to renew your FM3.

4) Tourists and FM2 and FM3 holders will fill out the new FMM form upon arrival. I wonder what will happen if you left before may 1st and then arrive after, you'll have the old form to turn in plus a new one.

I'll still need to read it many times, take notes, chat with other attorneys and hope they have a class to explain the stuff.

Share this post


Link to post
Share on other sites

Thanks InterCasa for the information, you know we have never really worried about proving income, with the 50% reduction, however guess we had better do that this upcoming renewal. Have they changed the minimum income or has it stayed the same. We don't have to renew until this fall, but with all these changes, that is a good thing!

Share this post


Link to post
Share on other sites

You've always needed a permission letter to travel. They actually have a new form for it. I read all the changes late last night. It is anybody's guess how it will all pan out in the end. The good news is that they apparently are buying camera equipment and will take photos there so soon no need to provide photos.

With the changes a husband and wife who own a home will have to show less income for an FM2 than an FM3 (FM2 400 times min wage + 200 for spouse = 600 x 50% = 300 versus FM3 250 + 125 = 375).

The new forms have bar codes. I'm wondering if instead of laser printing the forms will we have to pick up a bunch of them and hand write in the small spaces? Now it is easier to save the form and be able to make changes.

The more I read the more questions I have. I'll upload here the new forms for all to see in case you were curious.

INAMI 2010 Forms.pdf

Share this post


Link to post
Share on other sites
Guest PalapaGirl

Intercasa, maybe you can help me figure this out. At the end of January my husband had to go to the U.S., but his FM3 was in the process of changes in Bucerias. So, they gave him a letter to travel on.

When he returned through the airport at Guadalajara, he showed them his letter, but they told him it was no good. He would have to get a tourist visa. He argued repeatedly, but they said if he wanted to come into the country, he had to have a tourist visa. So, he filled one out.

Went back to Bucerias & explained the situation to them. They charged him a fine of over 1100 pesos for getting a tourist visa when he already had an FM3. He argued until he was blue in the face, but in the end he paid the fine. NOW we know that he should never have shown them the tourist visa. But does he have any recourse?

Share this post


Link to post
Share on other sites

The government here is like in the US, they give bad info and you are on the hook for it. Unfortunately you are at the mercy of untrained immigration people. I've argued with them before and got what I want but I speak Spanish and know how to ask. The fun is about to begin, trust me.

One thing I always told my people was if getting a tourist visa to write very sloppy and change your birth date and NEVER tell immigration here that you entered on a tourist visa if you have an FM2 or FM3.

Share this post


Link to post
Share on other sites

You will have an FMM form to have stamped to fly in and leave the stub when you fly out and there will be a letter to have stamped when your papers are in process and they will stamp you out and stamp you in. See the attachments from my prior post.

Share this post


Link to post
Share on other sites

"1) You must apply for your FM2 or FM3 30 days from entering the country or be fined. you better plan on it upon entry and not get that bright idea later."--Intercasa

I'm don't understand the context of this comment. If you enter on an FMT (FMM?) and live for five months, couldn't one still apply for an FM3/FM2 a month before the FMT (FMM?) expires? Please explain, as no doubt many are interested. I was also under the impression that the carta de Tramite that you receive to explain why you don't have a Visa during the application/renewal period explicitly gives permission to leave the country without the actual Visa. I just read the letter and that is what it says. Was I wrong to begin with (never tested this in reality) or is this another change. Thanks for your diligence in informing us.

Please try to answer my questions. What does "30 days from (para? antes de?) mean? Are you referring only to the initial application for FM3 or FM2 status or for renewals? Keep up the good work!

Also, what about the Tramite that you are given when you give up your Visa for renewal? The letter says that you may leave the country, and it doesn't mention having to get any other authorization. Yes I know about all of the other "stuff" about it depending on who is on duty, etc, but what is the law? Thanks again.

Share this post


Link to post
Share on other sites

Here is the text of the new regulations:

El extranjero con visa que le permita obtener una FM3 en México, deberá obtener la FMM en agencias de viaje, líneas aéreas o en los puntos de internación al país y entregarla debidamente requisitada en el punto de internación. La FMM, debe canjearse dentro de los siguientes 30 días a su internación, previo cumplimiento de los requisitos previstos para el "Trámite expedición o reposición de formas migratorias". Después de dicho plazo, la FMM no acredita legal estancia. Los derechos se pagan hasta el canje de FMM por FM3.

The above says that new FM3 applications (FM2 as well) must be done within 30 days. Now renewals also must be started 30 days prior to the expiration date.

When your visa is in process, you must ask permission, pay a fee and get a form to be able to leave. I posted the form. Did that answer it all? I'll try to go to a class on the new changes if offered but as of now I can only read and try to make sense of things without any clue as to how it will be applied.

Now this could make more sense if they mean visas issued at the consulates need to be done within 30 days but then they are supposedly doing away with that. Now the consulates could issue a new type of visa but then mention the FMM upon arrival and FM2 and FM3 to change it for so I'm a little lost on how it all will pan out in the end. The more i read it the more it looks like it may only apply to people not here already or who got permission from the consulate for a visa to get an FM3 or FM2 but then that would actually prejudice people who did so, defeating the purpose for them to do so. Lots of ambiguities / questions.

Share this post


Link to post
Share on other sites

Intercasa, we really appreciate your efforts in untangling the new rules.

Question on the 30 day requirement for applying for an FM3 in mexico.....what happens when you come into Mexico on a tourist visa and get that extended to 6 months. Can you then apply for an FM3 after 5 months, 30 days before the FMT (FMM) expires?

Share this post


Link to post
Share on other sites

I'm not sure now. After reading everything many times, it appears that it may be ok but then it talks about a visa to enter Mexico and 30 days to exchange for an FM2 or FM3. Best practice is to do it before the rules apply. I'm hoping that Immigration will give classes or explain everything. Too many gray area for now. Perhaps the visa it talks about to enter and get a visa is for countries that require a visa for entry. honestly, I don't know. The most sure options are to do it before May 1st, as in mid April or in June when the rules and policies are well known to avoid confusion.

With the changes, it is really hard, telling from just reading to see what is clear and what is not.

So many immigration agents have been giving conflicting information for years and that is for the guidelines that have been established for quite some time.

Probably the best advice I can give is to avoid as much as possible the transition period which takes effect May 1st, so get your documents a month before or a few months after as everybody will need to learn the new system.

Share this post


Link to post
Share on other sites

I'm not sure now. After reading everything many times, it appears that it may be ok but then it talks about a visa to enter Mexico and 30 days to exchange for an FM2 or FM3. Best practice is to do it before the rules apply. I'm hoping that Immigration will give classes or explain everything. Too many gray area for now. Perhaps the visa it talks about to enter and get a visa is for countries that require a visa for entry. honestly, I don't know. The most sure options are to do it before May 1st, as in mid April or in June when the rules and policies are well known to avoid confusion.

With the changes, it is really hard, telling from just reading to see what is clear and what is not.

So many immigration agents have been giving conflicting information for years and that is for the guidelines that have been established for quite some time.

Probably the best advice I can give is to avoid as much as possible the transition period which takes effect May 1st, so get your documents a month before or a few months after as everybody will need to learn the new system.

Thanks, Spencer. I'm not ready to come down just yet, but when I do, I was planning to use the "current" system, i.e., come in on a tourist visa, get it extended to 6 months, take a look around and then apply for the FM3 in Mexico before the expiration, as so many others have done. I hope this continues to be possible after May 1. Otherwise, it might be necessary to return to the border before the tourist visa expires, obtain another visa to re-enter and apply for an FM3 in Mexico within 30 days. Please let us know once this is clarified. Thanks again for your good effort at understanding these new rules.

Share this post


Link to post
Share on other sites

I am not sure I understand the money needed for an fm2/fm3

As I read it you are saying for an fm2 I need $1400 U.S and for an fm3 I need $1800 U.S. @12.5exchange rate

But this seems low I am trying to figure out how much is needed.

The second question is will they still except bank books showing deposits or do I have to prove then it came from pensions?

Can I go as a dependent under my wife fm2/fm3?

Thank you in Advance

Bikeguy

Share this post


Link to post
Share on other sites

The change I mentioned was that there was no longer the lower threshold for homeowners with an FM3 but there is for an FM2.

For an FM3 and not owning a home you need to show 250 times the minimum wage (57.46 pesos) or $14,365 pesos monthly deposits or foreign currency equivalent ($1,149.20 @ 12.5 to USD) or have an account with 172,380 peso balance. A dependent family spouse would have to show 1/2 that amount.

Showing deposits is fine, they don't care about the source, just that there are regular deposits of the amount needed.

Share this post


Link to post
Share on other sites

Thanks for the reply

One or two more questions. Does the dependent have to show income? Meaning my wife and I have a joint account in Mexico. Does my wife need her own bank account to show she has the income required,Or can I put in the required amount for both of us in the joint account.

Ron

Share this post


Link to post
Share on other sites

If she is your dependent then you show the income.

Share this post


Link to post
Share on other sites

The change I mentioned was that there was no longer the lower threshold for homeowners with an FM3 but there is for an FM2.

For an FM3 and not owning a home you need to show 250 times the minimum wage (57.46 pesos) or $14,365 pesos monthly deposits or foreign currency equivalent ($1,149.20 @ 12.5 to USD) or have an account with 172,380 peso balance. A dependent family spouse would have to show 1/2 that amount.

Showing deposits is fine, they don't care about the source, just that there are regular deposits of the amount needed.

If you choose to go the "or have an account with 172,380 peso balance" route for the FM3, then I assume it's still ok that the account is in a US bank. This means there are no regular deposits, just the total for the year. I'm glad to hear this is an acceptable route for those of us not yet on SS with regular monthly deposits.

Share this post


Link to post
Share on other sites

I did read the manual. Lots of new forms. This will be a nightmare for all. A few things I saw that were changes:

1) You must apply for your FM2 or FM3 30 days from entering the country or be fined. you better plan on it upon entry and not get that bright idea later.

2) If your FM2 or FM3 is in process, the permission to be outside the country is good for 60 days, not 30 but now instead of having less than a week to respond to your request, they have up to 30 days. This looks like a big mess if there is an emergency but not if you know a month in advance you'll be gone but as most requests take a month, this really doesn't make sense unless they or you really screw something up.

3) FM3 holders will no longer have the benefit of a reduction of 50% of the required income if they own a home, only FM2 holders. So if this is you then make extra deposits or show extra income or you might be in a fine mess and now be able to renew your FM3.

4) Tourists and FM2 and FM3 holders will fill out the new FMM form upon arrival. I wonder what will happen if you left before may 1st and then arrive after, you'll have the old form to turn in plus a new one.

I'll still need to read it many times, take notes, chat with other attorneys and hope they have a class to explain the stuff.

What are the time restrictions that you can be out of the country per year with an fm2 versus an fm3, and how does this affect the sale of your house either with an fmt or fm2 or fm3

Share this post


Link to post
Share on other sites

Currently FM2 holder can only be outside the country 18 months every 5 years.

As far as capital gains exemption, you cannot do it on an FMT, only with an FM2 or FM3 and there are other guidelines to follow.

Share this post


Link to post
Share on other sites

×
×
  • Create New...