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David K
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Location: San Diego County
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SF&H had posted a question to me about providing links... while I just did a search, when I came back, he/she removed the reply...?
Well, not to let my side work be wasted... here is my reply:
Just did a quick search for you, and found this on the first page that opened, this was below the paragraph for tourists needing a tourist card, so
obviously a different visa when you live in Mexico vs. going on a vacation:
U.S. citizens who plan to work or live in Mexico, must request the corresponding Mexican visa at the Mexican Embassy (1911 Pennsylvania
Avenue N.W., Washington, D.C. 20006; telephone (202) 736-1000) or at any Mexican consulate in the United States.
the link: http://www.visitmexico.com/en/mexico-airports-and-entry-requ...
Here is another link:
An FM3 allows the person to bring in household items and to keep a car with foreign plates without having to drive back to the border every 6
months. There are different types of FM3s. Some give permission to work for specific companies, others to work at specific professions or businesses.
These can be very difficult to get. Usually people apply for the FM3 Rentista...
If the FM3 "allows" that, then without an FM3, it is disallowed, yes?
The link: http://tomzap.com/living.html
More at that link: Many foreigners want to come to Mexico for periods longer than those permitted under the typical tourist visa. For those
who are interested in spending more than three months in Mexico year after year, it's wise to get an FM-3 visa which will permit one to enter Mexico
with household goods and carries with it permission to stay for the one year after which the visa is issued.
Again, I think the names of the visa may be different now, but the classification of tourist vs. part-time resident and the rights and abilities
should be the same, yes?
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danaeb
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David - you are confusing residency status with property ownership rights. If you have property under a fideicomiso, there are no residency
requirements. In order to enter into a contract for purchase, you must show a current entry document (FMM or greater). If you choose to move your
household goods down, under the old FM3 or the new classifications, you have a one-time exemption on import duties. Other than that, there is no
connection between your FMM status and your on-going property rights.
Experience enables you to recognize a mistake every time you repeat it.
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23S52N
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David, I am going to go way out on a limb here. Firstly we are going full circle in guessing what actual Mexican law is, rather than actually quoting
verbatim from a statute...ergo full circle guessing about returning FMMs.
From my latest understanding of immigration law in Mexico, an FMM is the correct document for those who stay in Mexico less than 180 days, regardless
of property ownership.
I would be interested in hearing from those who can cite CURRENT Mexican immigration statutes, not 2 years or older, which seems to be a habit on this
site. No offence intended to your input, David.
Regards,
Keith
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David K
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Not at all Keith, it's all about getting the facts right with me.
As I said, I have no inside scoop, but using logic with what had been the case before... that a tourist is a person on a vacation and not one who goes
back to the same home year after year, with personal property left there between trips. A tourist card does not give property rights to people without
some kind of resident visa.
But, it's Mexico, as many will say here and the rules will depend on who you talk to, not an Internet site!
[Edited on 5-1-2016 by David K]
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SFandH
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Quote: Originally posted by 23S52N  |
From my latest understanding of immigration law in Mexico, an FMM is the correct document for those who stay in Mexico less than 180 days, regardless
of property ownership.
I would be interested in hearing from those who can cite CURRENT Mexican immigration statutes, not 2 years or older, which seems to be a habit on this
site. No offence intended to your input, David.
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From: http://consulmex.sre.gob.mx/seattle/index.php/visas-requirem...
FMM:
This type of visa is for you if:
You are traveling to Mexico for vacations, transit, business, technical activities, artistic activities, scientific activities, sport activities,
correspondent or journalist, Ministers of religion.
You will be in Mexico for up to 180 days.
You don't Have a work authorization.
Temporary Resident:
This type of visa is for you if:
You are traveling to Mexico for retirement, investments, professional activities, technical activities, artistic activities, scientific activities,
and sport activities or as a minister of religion.
You will be in Mexico more than 180 days.
[Edited on 5-1-2016 by SFandH]
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23S52N
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I appreciate your input, David, but I will refer you to Danaeb's post above yours. I agree with his input, which i think is based on more recent
statutes than yours. FMMs, IMHO, are the proper documentation for property owners who spend less than 180 days in Mexico....all others are for those
wishing to take residency past the 180 days.
.............and SF&H's submission which was posted as I typed.....correct for NOT more than 180 days for the FMM.
regards,
Keith
[Edited on 5-1-2016 by 23S52N]
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Alm
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| Quote: Originally posted by 23S52N |
From my latest understanding of immigration law in Mexico, an FMM is the correct document for those who stay in Mexico less than 180 days, regardless
of property ownership. |
All we have to go by is brief quotes of general nature.
It 's like saying that AK-47 is the correct weapon when you need to defend yourself from dozen attackers. Yeah, and you'll go to jail if you do.
Normally, a tourist is not supposed to leave anything behind. It "seems" that buying a land is not considered a violation in itself. But there are
limits - for a tourist - on what you are allowed to own and how to use it. Note that it's only land and/or structure. Not a car, ATV, furniture,
bedding etc etc that you bring and leave there several times a year.
At the same time, being a tourist affects your legal rights - which "should" mean it affects some of your property rights. Would you be 100% positive
that this isn't so when and if it comes to court action?
At the same time, establishing de-facto residence in Mexico can - not should but can - affect his status NOB in more than one way, depends where he is
from and how much time he spends at his Mexican residence.
Though I would like to get this convoluted thread back on track. It seems that only 7-day FMM need to be returned now. What about return of 180-day
FMM? At least, what is legally required? I realize that interpretation by moody INM officer will still be the last word 
[Edited on 5-1-2016 by Alm]
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Jack Swords
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Thanks to this thread I just returned our FMMs to Instituto De Migracion in Tijuana. I try to do this, but forgot.
Now to add to the confusion: our sailboat has been in its slip at Marina de la Paz for 17 years. We originally had a 10 yr import permit, and renewed
it when that time was up. All we have ever had was an FMM as we don't need more time in Mexico. We are allowed to bring in repair parts etc. for the
boat under that permit. This is a sizable chunk of property that sits in that country. Long time ago a boat was bonded under the Marina's
responsiblity, but now it is done through an individual import permit.
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SFandH
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| Quote: Originally posted by Alm |
It seems that only 7-day FMM need to be returned now. What about return of 180-day FMM? At least, what is legally required? |
The most official position, because it is stated on the back off the FMM itself, is that you must turn it in when you leave Mexico.
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willardguy
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| Quote: Originally posted by SFandH | | Quote: Originally posted by Alm |
It seems that only 7-day FMM need to be returned now. What about return of 180-day FMM? At least, what is legally required? |
The most official position, because it is stated on the back off the FMM itself, is that you must turn it in when you leave Mexico.
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my take, for what ever reason...they collect em on airplane flights?? and to simplify things they just made one FMM form. other than that its just a
non issue, other than to keep the baja message boards in business.
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SFandH
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| Quote: Originally posted by willardguy | | they collect em on airplane flights?? and to simplify things they just made one FMM form. other than that its just a non issue....to simplify things
they just made one FMM form. |
That's the problem, you nailed it. One size does not fit all. What are people that cross a couple of times a month for a day or two or a week in the
border region supposed to do?
The old rules where you didn't need a FMM unless you went further south made a lot of sense. There are 10s maybe 100s of thousands of people that have
families/friends a few miles apart on both sides of the border and crossing is a regular thing.
Also, it's not a non-issue if you're not on an airplane because if you walk across at TJ, they require you to have a FMM. It's something new.
[Edited on 5-2-2016 by SFandH]
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Alm
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I "think" they are making waves with return of 7-day form because they have to work for it now . You get free 7-day FMM, stay 180 days and don't return it. Gobierno is missing money.
In the past they didn't care, but now they have to do more work, issuing FMM to everybody, including short trips.
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BajaNomad
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Thread Moved
5-2-2016 at 05:24 PM |
TMW
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I got this response from Discover Baja today.
Hi Tom,
We had a meeting with Mexican official a few months ago and they told us directly that the FMM’s didn’t have to be turned in and to let them know if
any officer was requesting them.
I forwarded your e-mail to the immigration office in Tijuana. As soon as I have a response I’ll let you know.
Maythé
Smile
Discover Baja Travel Club
(619) 275-4225
(800) 727-2252
(858) 458-0722 Fax
www.discoverbaja.com
www.facebook.com/discoverbaja
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surabi
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Almost everyone who has posted here is confused about what an FMM is. It is NOT a tourist visa. It is a migratory document which Mex. immigration uses
to track foreign exit/entry. When flying in, everyone except Mex. citizens are required to fill one out. It is VERY IMPORTANT to check the correct box
on it- tourist, temporary resident, or permanent resident (FM3 and FM2 are terms that no longer exist) and point out your residency status to the
immigration officer at the airport. Once you have residency status, you must NEVER enter as a tourist. This is illegal and will result in your losing
your residency status and having to start over.
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Udo
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Of course, once you have residency status, one will never need a tourist visa again.
Udo
Youth is wasted on the young!
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surabi
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If you were referring to my post above yours, you missed all of what I said. There is no "tourist visa", except maybe the 7 day one some folks get
(I've never seen one of those, so don't know).
There is an FMM, on which you are either listed as a tourist, or a temp or permanent resident. If you have residency, you don't need to show your
card entering or exiting when driving if no one stops you. However, you must do so if you want $ back on a TIP deposit you paid.
If you fly in or out, you need to fill out the FMM no matter what status you have. And if you are ever considering applying for Mex. citizenship, it
is important to have the documentation of your entries and exits, as the amount of time you have spent out of Mexico in a certain amount of years is a
determining factor in eligibility.
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surabi
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| Quote: Originally posted by 23S52N | David,
I would like to know your reasoning, experience, knowledge, behind this statement. Why is owning property in Mexico for a foreign national be any
different than a Canadian owning property in the US or vice versa? I bought my property in BCS in 2011 and lived there with an FM3 for a year.
Changes in my life dictated that i can only live part of the year there. So i go down on a 180 day FMM and then return to Canada. I have my
Fideicomiso, ......I enjoy both countries, Mexican immigration law will not allow me (to my latest knowledge) to acquire a temp resident card. Even
if it did, why would i want the extra expense and paperwork?
I can understand not wanting to go through the expense and paperwork of becoming a resident if there is no reason for you to do so, but I don't
understand your statement that Mexican immigration law will not allow you to acquire temporary residency. Are you a convicted felon, or what?
Otherwise, it is just a matter of meeting the income requirements. There is nothing about being a temporary or permanent resident that is based on how
long you reside per year in Mexico.
Your statement perplexes me......
Keith |
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karenintx
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Have had my RP for 3 years. Every time I fly out of Mexico I am required to fill out a FMM. The lower part of the form is collected at the gate
before boarding the plane then when I fly back into the country I am required to give the INM agent the top part of the form.
It is the same form tourist fill out, only difference is I do not have to pay the Mexican tourist fee. I am required to pay Mexican airport tax just
like Mexican citizens do when they fly out of any airport in Mexico...it is part of their airplane ticket.
Back in the day of FM-3's, we flew out of SJD so we filled out the required forms. We were bring a car back so once we crossed the Mexican border (@
Nogales) we stopped to turn in the required paper work, get our Fm-3 stamped and bought the TIP that was required since we were going to catch the
ferry from Los Mochis/Topolobampo to La Paz.
Even when I had a FM-3 I was required to fill out a tourist form when flying out of a Mexican airport.
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fdt
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| Quote: Originally posted by John M |
BajaGeoff posted late last year: "The FMM does not have to be returned to an immigration official when leaving Baja California by land."
John M |
Yesterday I brought a group of newzelnders and australians for a day in Tijuana and as I was with the group while they filled out the FMM's (Forma
Migratoria Multiple), I was approached by the immigration supervisor and he asks me if I am the tour guide for the group, I answer yes, just for the
day, he then starts laughing and said I should have known it was you. Turns out (I didn't recognize him at first, we change with age I guess), it was
my buddy from Southwestern College, Eduardo Tavera. Long story short, he told me no one is required to return the cards/ visas/ forms, since there is
no booth set up for that purpose, to just throw them away. So there you have it, next time just tell them the supervisor in Tijuana told you.
A well informed Baja California traveler is a smart Baja California traveler!
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David K
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Awesome answer Ferna!
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