Immigration Law Mexico

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Last Updated: June 19, 2013

Becoming an Expat in Mexico...

How long can you stay in Mexico for? What papers do you need to stay in Mexico? Can visitors work in Mexico? How to become a permenant resident in Mexico? You are most likely curious about all of this! Either you are heading down to Mexico for the first time as a visitor, but maybe you want to work while you are there. Or you have been to Mexico, and like many, you never want to leave. Well you are in luck, there are various steps to take and most of them are quite easy. Read below, an article I found online from a Yucatan Blog that outlines the processes and new immigration laws quite well.

Forms, Applications, Renuals of Visas for Mexico
Instituto Nacional De Migracion 
inm.gob.mx

Official Government Immigration Information
Diario Oficial de la Federación of Mexico
dof.gob.mx
 

"Dec. 22 Update:  There are reports from INM offices around Mexico that the New INM Law will begin implementation on Jan 2. 2012...

...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:
“Article 53. Visitors, except those for humanitarian reasons and those who have links with Mexican or regular resident alien in Mexico, can not change status of residence and will have to leave the country at the end of the period of stay authorized.“

Various immigration experts from around Mexico are taking this clause at face value, meaning Tourists & Visitors will not be allowed to change their residency status (toResidente Temporal or Residente Permanente) while they are in Mexico, and must leave the country at the end of their 180 days, under the new law. This position has been confirmed by a report on Mexconnect:
“…a top immigration lawyer (says) that it is true that we can no longer change our “tourist” to “working” without leaving the country.” Mexconnect Forum

This is the first reported step of INM implementing the sections of the New Law that apply to expats. Let’s hope they further modify or clarify this policy in INM’s upcoming yet-to-be-released new Regulations (El Reglamento) to describe how expats can begin the Residency Application process by applying online before they travel or apply at their Mexican Consulates, and then continue their applications within 30 days of entering Mexico?

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.

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Quoted Content Source: http://yucalandia.wordpress.com/living-in-yucatan-mexico/new-immigration-law-published-for-mexico-the-article/

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