Jump to content
Chapala.com Webboard

Just want to make sure I have this correct


Recommended Posts

Actually, there is a law. It basically says that your TIP is current as long as you have a current FM2/3. If you let them run out, the TIP is VOID!!!

When you apply for a Permanente or Temporal, your FM2/3 runs out.

From my reading, if you get a Temporal or a Permanente then your TIP is no longer good.

The only way that I see out of this "gray area" is to drive a MX plated car.

Not exactly true. If you get a Residente Permanenet your TIP has expired [vehicle needs to be removed or if applicable nationalized on the border and a Safe Return permit to go north is needed] but if you get a Residente Temporal Rentista some ADUANA offices, for example in Queretaro and Puerto Vallarta now, are giving letters you fill out to extend it and the ADUANA offices there are sending these letters to their Mexico City office to review and approve or not approve a renewal of the TIPs. So far no fines for being even 2 months late are given out, yet.

Also some Residente Temporal newbies approved outside Mexico at a Mexican consulate have had 30 day TIPs they got at the border with the visa in their passports renewed inside Mexico once getting their Residente Temporal Rentista cards. Also with these visas in passports they will give a 30 day TIP to those that were approved for Residente Permanente, but they cannot renew the 30 day TIP. vehicle needs to go back to the border when they get their INM card.

So in conclusion it appears Residente Temporal Rentistas can have TIPs.

Link to post
Share on other sites
What I find most interesting is this: You know how there are all these "wise", Mexico old-timers on these foro who advise newbies considering moving to Mexico and say things like, "Well, you really need to be able to roll with the punches"....."you gotta retain a sense of humor".....and ...."you have to be ready for changes, 'cause they'll throw 'em at you".

Where are they now? Especially the ones who've been living here PERMANENTLY with foreign plates for years and years?

Should be pinned to the top of the board. Congratulations Travis, you said it much more diplomatically than I ever could.

Mexico is offering Permanente with no proof of financials for most of us and at a damn reasonable price. All they ask in return is what almost every country demands from their foreign population - that you drive a car plated in your adopted country (after a reasonable amount of time has passed).

Great post Travis

Link to post
Share on other sites

Re: Valid Insurance.

I know this post will get massacred by all the machete wielders out there masquerading in civility, but I'll post anyway.

I called my agent's office in Tucson (Seguros Tepeyac) and asked what happens to my Mexico vehicle insurance if I import my vehicle.

She said, as long as I get my original title back from Aduana or from whoever does my importation, then my insurance is still good. In other words, I will have the Mexico registration but I will also have the old U.S. title and the Mexican insurance coverage is still in effect for the U.S. titled vehicle while it is driven in Mexico.

I have asked her to send me an official letter through the mail and she said I will have the letter in one week.

I post this not to substantiate anything, or to create argument, only to suggest that anyone should refer to his or her agent to ask the questions.

1. If my vehicle is illegal because the TIP expired, is the insurance still good? (I need to ask this one myself.)

2. If my vehicle is imported, is the original insurance still good as long as I can produce the evidence of the original title?

3. If question two turns out positive, then when my policy expires or comes up for renewal, will I need to find a new insurance company or agent for my imported vehicle? Some of the border agents might differ in what policies they can write.

Peace

Link to post
Share on other sites

Sorry, but I'm not understanding this. You say ''I must coerce my wife into driving it north and getting an amount that might hardly pay for the trip''. So I'm assuming the car is worth less than 2 or 3 grand. So why not just park it here and throw away the keys and buy a MX car? Would you be spending all this time fretting if your $2,000 car was stolen? What's the difference, really?

Am I missing something?

Actually, we may just mothball that car and keep it, in case we ever must actually leave Mexico. Then, we would get the safe exit letter at the appropriate time. Yes, we do have a Jalisco plated car and have had it since 2007, so she does have wheels.

You did not miss a thing. :)

Link to post
Share on other sites

O.K.

San Xavier Insurance out of Tucson (Seguros Tepeyac agent) just gave me some answers.

1. If the TIP is expired, the insurance is still in effect. However, if the vehicle is confiscated, the insurance does not cover confiscations.

2. She did send the letter. It is enroute and I should have it by end of May from my mail forwarder (If I keep the original title or get it back from the aduana, my insurance is still in effect applied to that U.S. titled vehicle.)

3. Yes, San Xavier will continue to issue insurance for my Mexico registered vehicle after the current policy expires in December.

Link to post
Share on other sites

Cedros: True for the 5 years on FM2. However at the end of the 5 years that person becomes "'Inmigrado" or by the new term "Residente Permanente."

If you have a Temporal your TIP is valid.

Actually, according to the WRITTEN law, it is not.

If you read the law, it specifically says that as long as your FM2/3 is valid, the TIP is tied to it and is valid.

If you go get a Temporal, you no longer have an FM2/3. If you go get a Permanente, you no longer have an FM2/3 since it is illegal to have 2 visas at the same time.

There is no written LAW that says a TIP is good with a Temporal or not good with a Permanente visa.

I have talked to the Aduana hotline in MX City and gotten all kinds of answers. Some say that a NOB plate and Permanente is OK, some say no.

The only way to be really safe is to drive a MX plated car. Anyone with any visa can drive one........

Link to post
Share on other sites

Your Importada Temporal remains current so long as your present visa is current, including its extensions.

That is the way I read the law. So, the interpretations may be subject to variation. When one visa ends and one must move to another in the natural course of events, is that an extension? Common sense says yes. Yet, some would argue ( and may love to do so) that it is an entirely new visa and, therefore, not an extension.

Link to post
Share on other sites

Actually, according to the WRITTEN law, it is not.

If you read the law, it specifically says that as long as your FM2/3 is valid, the TIP is tied to it and is valid.

If you go get a Temporal, you no longer have an FM2/3. If you go get a Permanente, you no longer have an FM2/3 since it is illegal to have 2 visas at the same time.

There is no written LAW that says a TIP is good with a Temporal or not good with a Permanente visa.

I have talked to the Aduana hotline in MX City and gotten all kinds of answers. Some say that a NOB plate and Permanente is OK, some say no.

The only way to be really safe is to drive a MX plated car. Anyone with any visa can drive one........

Since the FM2/3 have not existed for about 3 years your argument makes no sense.

Link to post
Share on other sites

Yes, I was "forced" to go to permanente. I had a 4 on my noinmigrante card. Before, the card was good for 5 years. There was no information out there regarding the fact that we would not be given a choice after 4 years. In the past, people who were planning to apply for permanente had ample time to remove or import their vehicles. If I had known my car would then be illegal, I would have taken it out before I got to that point. Actually, I would never have imported a japanese car under a tip a year and a half ago, but at that time, the immigration laws had not changed. Of course, I had the "choice" to return to Canada, apply for "temporal" at the consulate. Hardly a choice- I run a business here, cannot leave in the middle of busy season, have to secure a house and dog-sitter, and cannot apply for "lucrativo" status at a consulate. Plus I have a serious back injury which makes driving even half an hour painful, let alone 8 days to Canada. I notice that all those who have been so cavalier in their posts about taking their vehicles out talk about "we", i.e. they have a partner, which would make it easier to get the car out (take turns driving, one person stay in Mexico, so you don't have to find responsible house and pet sitters, etc.). I am 63 year old single woman, and yes, this situation is going to cost me A LOT. Don't know why Aduana doesn't just charge us like $1500US for permission to keep out vehicles here. I'd be happy to pay that.

Link to post
Share on other sites

PS. you can import a Japanese-made vehicle between Canada and US. So don't get why Mexico says it is against NAFTA rules. Also, in 2007 or 2008, Mexico allowed Japanese vehicles to be imported under a tempoaray amnesty. So obviously it is not against NAFTA law. I think the Mexican car manufacturers are driving this- guess they think we will all go out and buy brand-new cars, not.

Link to post
Share on other sites

Here is a recent post on another thread by "Ajijic" regarding this mess.

Posted 17 May 2013 - 03:41 PM
May 17, 2013
At 2:30 PM my wife called Aduana 01-472-103-5400 ext 61356 and spoke with Lic. Irma Carolina Gonzalez. My wife asked, in Spanish regarding a Permanent Resident who has a foreign plated car and she said the car is legal. She stated, only when their is an official change of law posted in the Diario Official de la Federacion (DOF) and then on Aduana's web site will anything be different. Again she directed all with a concern to their web site and to print out the page.
The issue was clearly stated to ensure no misunderstanding. A Permanent Resident can have a foreign plated vehicle at this time.
This is the third call over a period of 6 weeks and each time talking with a different person and always same answer.
I still contend that nobody knows nuthin' regarding this. Everybody is running around like chickens without heads and meanwhile the weasels are stirring the pot just to get your business and doing monkey business..
Link to post
Share on other sites

seewee you say "The rules for cars have not changed either. It has always been that permanent residents could not drive a foreign plated-car." I thought those who had a non working FM2 could drive a foreign plarted vehicle.

An FM2 could drive. FM2 was not a permanent status--Inmigrado was. Inmigrado could not drive.

Link to post
Share on other sites

I am in the process to go permanente and I took my car to the borber and had it made Mexican and have appointment to get my plates on June 3 and the process will have taken 18 days and I am legal. I can even recomend the broker that I used and he says he can even get it done sooner, BUT you must go to the border.

Link to post
Share on other sites

These phone calls were discussed on another form. The caller posted a ladies name then that was made over a month ago. Another poster called that lady and she said no such thing about a week after he posted this info, . So maybe you call and find out what this new other lady says NOW! Try the first lady also. Why not?

Other ladies name is here:

" Posted 26 April 2013 - 11:43 AM [on this forum here someplace]

"Being a Permanent Resident with a foreign plated car I personally, while somewhat stressed over the issue, will not panic. Very recently when my wife called Aduana 01 55 58 02 0000 ext 61361 she spoke in Spanish with Mariana Gonzalez, Operaciones Aduanera. My wife used my example, a foreign plated car and Permanent Resident. The call was about 5 minutes. Mariana stated if Permanent Resident and legally in Mexico, car is legal and it can not be confiscated based on what I have posted. She stated in my situation our car is legal. She directed my wife to the following web site which states in bottom right it is current. I realize this situation is fluid but as I noted we will not panic. Others can certainly do as they please including calling the number above."

http://www.aduanas.sat.gob.mx/aduana_mexico/2008/vehiculos/141_10028.html

Here is a recent post on another thread by "Ajijic" regarding this mess.

Posted 17 May 2013 - 03:41 PM
May 17, 2013
At 2:30 PM my wife called Aduana 01-472-103-5400 ext 61356 and spoke with Lic. Irma Carolina Gonzalez. My wife asked, in Spanish regarding a Permanent Resident who has a foreign plated car and she said the car is legal. She stated, only when their is an official change of law posted in the Diario Official de la Federacion (DOF) and then on Aduana's web site will anything be different. Again she directed all with a concern to their web site and to print out the page.
The issue was clearly stated to ensure no misunderstanding. A Permanent Resident can have a foreign plated vehicle at this time.
This is the third call over a period of 6 weeks and each time talking with a different person and always same answer.
I still contend that nobody knows nuthin' regarding this. Everybody is running around like chickens without heads and meanwhile the weasels are stirring the pot just to get your business and doing monkey business..
Link to post
Share on other sites

Since the FM2/3 have not existed for about 3 years your argument makes no sense.

Strange, I had an FM-3 that ran out april 4 of this year.

I applied for a Permanente on March 4th and still haven't recieved it.

I don't have a visa at the moment..........

In the meantime, I'm getting my car nationalized at the airport. That is the only solution that I know is legal.

From what i read anyone can drive a MX plated car, no mater what visa you have

Link to post
Share on other sites
Posted on The SAT ADUANA website sited by gringohombre:
"Permit limits

The terms of the permit are:

"For foreigners

The term is given to return the vehicles is the effect of immigration status, its extensions, extensions, endorsements or change of nonimmigrant visa status to immigrant financier [rentista], provided there is continuity in migration status granted in accordance Law of matter so that the term of temporary import permit vehicle may be credited with the official document issued by the immigration authorities, without requiring authorization from the customs authorities."

Plazos del permiso:

Los plazos del permiso son los siguientes:

"Para extranjeros

El plazo que se otorga para retornar los vehículos es el de la vigencia de la calidad migratoria, sus prórrogas, ampliaciones, refrendos o cambio en la calidad migratoria de no inmigrante a inmigrante rentista, siempre y cuando exista continuidad en las calidades migratorias otorgadas, conforme la Ley de la materia; por lo que la vigencia del permiso de importación temporal del vehículo se podrá acreditar con el documento oficial que emita la autoridad migratoria, sin que se requiera autorización de las autoridades aduaneras."

Also there:

"Obligation to register and return the vehicle

If you have the temporary importation of a vehicle [TIP] you can not make the sale of it in Mexico and will make their return out of the country.

The return of a vehicle in all cases should be performed before presenting his personal vehicle operating Banjército CIITEVen modules output customs, which will give your proof of return and must keep. If you are Mexican living abroad, you can make multiple entries and exits with your vehicle during the term of temporary import permit, existing under warranty or, if necessary, request the cancellation of the warranty and get a refund of the deposit amount.

If you performed this procedure on their return abroad at Banjército modules along the border, the General Administration of Customs, may authorize the cancellation of the permit is made in any of the modules Banjército in consulates, announcing by this dates page and consulates that can carry out the return of the vehicle.

If you do not return the vehicle, your guarantee will be and Banjército transfer the amount to the Federal Treasury, no later than the second banking day following the day on the expiration of the term of the temporary. If you left a deposit and get an extension, expansion or endorsement of its quality or change in noinmigrante visa status to inmigrante rentista, provided there is continuity in migration categories, so that it does not become effective must present personally in any of the 49 customs of the country in free format a letter giving notice of that fact within 15 working days following the day on which he shall have been granted an extension, expansion, endorsement or change in immigration status of inmigrante to inmigrante rentista and must attach a copy of proof of such proceedings, and the temporary import permit [TIP] of the vehicle and, if appropriate, the admission card.

If for some reason can not return the vehicle on time, you are encouraged not to drive, since it will be illegally in the country and may be subject to penalties and seizure of the vehicle.

At the moment we have the opportunity to return your vehicle, you must make the process called safe return."

http://www.aduanas.sat.gob.mx/aduana_mexico/2008/vehiculos/141_10028.html

" Obligación de registrar y retornar el vehículo

Si realizó la importación temporal de un vehículo usted no podrá realizar la venta de éste en México y deberá realizar su retorno al extranjero.

El retorno de un vehículo en todos los casos se debe realizar presentando su vehículo ante el personal de Banjército que opera los módulos CIITEVen las aduanas de salida, en el cual le darán su comprobante de retorno y deberá conservar. Si usted es mexicano residente en el extranjero, podrá realizar entradas y salidas múltiples con su vehículo durante la vigencia del permiso de importación temporal, amparado por la garantía existente o, en su caso, solicitar la cancelación de la garantía y obtener la devolución del monto del depósito.

Si no realizó este trámite a su regreso al extranjero en los módulos de Banjército ubicados en la frontera, la Administración General de Aduanas, podrá autorizar que la cancelación del permiso se realice en alguno de los módulos de Banjército en consulados, dando a conocer mediante esta página las fechas y los consulados en que se podrá llevar a cabo el retorno del vehículo.

Si usted no retorna el vehículo, su garantía se hará efectiva y Banjército transferirá el monto a la Tesorería de la Federación, a más tardar al segundo día hábil bancario siguiente a aquel en que haya vencido el plazo de la importación temporal. Si usted dejó una garantía y obtiene prórroga, ampliación o refrendo a su calidad o cambio en la calidad migratoria de no inmigrante a inmigrante rentista, siempre que exista continuidad en las calidades migratorias, para que la misma no se haga efectiva deberá presentar de forma personal en cualquiera de las 49 aduanas del país un escrito en formato libre, dando aviso de dicha circunstancia, dentro de los 15 días hábiles siguientes a aquel en que le hubiere sido otorgada la prórroga, ampliación, refrendo o cambio en la calidad migratoria de inmigrante a inmigrante rentista, debiendo anexar copia del comprobante de dicho trámite, así como del permiso de importación temporal del vehículo y, en su caso, la tarjeta de internación.

Si por alguna razón no puede realizar el retorno del vehículo en tiempo, se le sugiere no conducirlo, ya que el mismo se encontrará de manera ilegal en el país y podrá ser sujeto de sanciones y embargo del vehículo.

Al momento en que tenga la oportunidad de retornar su vehículo, deberá realizar el trámite denominado retorno seguro."

Now where does this rule state that an IMIGRADO can have a TIP?

Link to post
Share on other sites

Archived

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

×
×
  • Create New...