Bruce R Leech - 12-2-2004 at 07:57 AM
The following information is a brief overview of the legal / immigration / immigrating requirements for residency in Mexico or for working in Mexico.
How long are you planning to stay?
Once you have answered this question you then have to decide which of the following applies in your particular case. Due to the size of this article
we have only included the information that may answer the most frequently asked questions about visas for Mexico.
A Brief Stay (less than 6 months), Visiting Mexico
Tourist Visa for Mexico:
The tourist visa or FMT is granted to those visiting Mexico for a period of up to six months. If you are already in the country and your visa was
granted for a period shorter than six months, you can request an extension of the term. It is recommended you request this extension fifteen days
prior to the expiration of your visa.
Where to get a Tourist Visa:
At any Mexican Consulate, a travel agency, at the border or when traveling by plane you will be provided with one, depending on your nationality.
How to fill it in
You will be asked to provide certain information such as your full name, place and date of birth, gender, destination, reason for your visit and so
on. You will not have a problem filling in these blanks.
In case you would like to request the extension of your FMT
These are the DOCUMENTS YOU SHOULD HAVE IN HAND FOR THE PROCEDURE:
1. Your passport and a photocopy.
2. The original FMT
3. A letter requesting the extension of the term.
Things you should keep in mind
1. Upon returning to your country, you will have to return the FMT to the authorities. Keep it in a safe place so you don't lose it.
2. The tourist visa for Mexico does not allow you to work in the country.
3. Please note that certain nationalities have a restricted entrance to the country. In such cases you must be invited by a family member, a friend,
or a corporation. Request the visa from the Mexican authorities. The visa will be granted as long as all the requirements are fulfilled.
Business Trip
Please refer to the information provided herein above.
Staying for More than 6 Months
What are you planning on doing here?
When you have decided you want to stay for extended periods of time or are thinking of immigrating to Mexico you may request from the authorities the
corresponding immigration permits, which are the FM2 and the FM3.
FM3
As a holder of an FM3 you are allowed to stay in the country as a NON IMMIGRANT for a period of one year. This permit may be renewed annually. After
the fifth year you may be interested in acquiring the next immigration status (IMMIGRANT) or simply continue as an FM3 holder.
FM2
This document applies to the IMMIGRANTS. As an immigrant you're not a permanent resident but you are eligible to apply to become an INMIGRADO
(permanent resident - for residency in Mexico).
Advantages and Disadvantages of the FM2/FM3: Things you should consider.
1. FM3: As a NON IMMIGRANT you don't acquire residency rights.
2. FM3: You are entitled to leave and enter the country freely.
3. FM2: You must note that as an immigrant you have a restricted number of exits from the country. In the case that you leave the country for more
than 18 months in a period of 5 years, you will not be able to apply for the INMIGRADO (permanent resident) status. In case you stay outside the
country for more than 2 years you will lose the immigration status of an immigrant.
4. In both cases (as a IMMIGRANT and a NON-IMMIGRANT) the law considers almost the same immigration qualities (Caracter?sticas Migratorias), being
able to perform almost the same lawful activities.
5. Both have to be renewed annually. We recommend that you take all the necessary precautions for the term not to expire. You should request the
renewal 30 days before the expiration date.
Need Working Visas for Mexico? FM2 or FM3
You will need a permit granted by the ministry of Interior (Secretar?a de Gobernaci?n). To obtain one you will need to fulfill certain requirements.
According to Mexican Law, foreigners may only perform those activities expressly authorized by the Ministry. You are allowed to perform any activity
as long as it's legal and honest. This includes the ability to work in the country.
Both as an FM2 or FM3 holder, you may be authorized to perform several activities. These are the most common:
Business or Investor (FM2 or FM3)
You may have considered investing in Mexico and therefore you wish to learn about possible investment options. Or, you might just come down to invest,
supervise an investment, represent a foreign company or perform certain commercial activities.
As an INVESTOR: You must note that there is a minimum investment amount as well as the obligation to demonstrate that the investment is beneficial to
the country's development.
Scientists and Techinicians (FM2 OR FM3)
In these categories you will have to provide all the documentation that proves to the satisfaction of the authorities that you have the skills and
knowledge to perform these activities.
Professionals (FM2 OR FM3) You will have to provide the authorities with all the papers that can prove you have the knowledge and skills to perform
the specific professional activities. The applicant must demonstrate that the skills are not met in the workforce in Mexico.
High level management (FM2 OR FM3)
If you were appointed as a director to a company or to assume a key position you will need to obtain this immigration permit.
Members of the board (FM3)
When you need to attend to a board meeting of one or more corporations, this is the migration status you request to the Mexican authorities.
Staying in Mexico without working?
Students (FM3)
Students are admitted for periods of one year for as long as the course lasts. They may not leave the country for more than 120 days every year.
Students have to prove to the authorities that they have a regular income to satisfy their needs. The status obtained when applying for the permit is
that of a non-immigrant.
Retired (FM2 OR FM3)
If you have decided you want to live in Mexico without performing any specific activity you may acquire this immigration status as long as you can
prove to the satisfaction of the Mexican authorities that you will live on the income brought from abroad or earned from Mexican-based investments.
What about the family?
Family members (FM2 OR FM3)
Both as a non-immigrant or an immigrant, your family members may obtain the permit to enter the country as your economic dependants.
In such case you will have to provide the authorities with copies of your immigration papers, as well as information that proves your income.
Your family members may be able to work or perform any lawful and honest activity whatsoever if they obtain the corresponding permit. The immigration
status would then change to any of the abovementioned ones.
Do I need immigration papers while staying in Mexico?
According to the Mexican Law all your immigration papers must be in force and the information in them contained must be updated during your stay in
the country. In case they expire or the information is not provided to the authorities within 30 days of the event that modifies such information, you
will be liable for fines and other penalties. It is highly recommended that you keep this in mind.
Is it hard to get these documents?
You may try doing it yourself. Yet, if you are not familiar with the paper work, the Mexican governmental offices, the bureaucracy and especially the
language, it would be wise to ask for help.
How much does it cost to obtain my immigration papers?
Every procedure generates a cost. Rates change every six months and may be paid for at any bank in Mexico. You will have to fill in certain official
forms to make the corresponding payments. These may be requested at any migration office or you can even buy them at a stationary store.
How long does it take to obtain my immigration papers?
Be ready to wait for approximately 30 working days before obtaining your immigration papers (FM-2 and FM-3).
Bruce R Leech
Please Visit Our Web site AT www.mulegebaja.com
FM-3
An FM-3 is a one year permit to reside in Mexico. This document makes the holder a No Imigrante (Non-Immigrant) like the tourist card but, unlike the
tourist card you are allowed to live in the country for an extended period of time. The document must be renewed each year as long as you continue to
reside in Mexico. After your fifth year you can either upgrade to an FM-2 or simply request a new FM-3. The following information applies to persons
who will be considered Rentistas, meaning you will not work in Mexico.
You may apply for an FM-3 at any Mexican Immigration Office within Mexico, or at any Mexican Consulate.
Step 1
You will need to submit the following:
A letter in Spanish addressed to the proper immigration authorities - check with your nearest Mexican Consulate about this. The body of the letter
must include your full name, current address, a request to change your immigration status from Tourist to FM-3, and a statement to the effect that you
have annexed all pertinent paperwork.
A current and original tourist visa
Your passport.
Proof of income. This figure changes constantly. It is based on minimum wage (250 times the
minimum wage in Mexico City) and fluctuates with the exchange rate. The current amount is $8,700.00 pesos per month for the applicant and $4,350.00
pesos per month for each dependent. This proof could be in the form of a bank statement showing your investments generate that amount or more, it
could also be a letter from your consulate stating you receive social security, a pension, etc.
The administrative "Fee" of $680.00 Pesos.
Proof that the required amount of income is being deposited into a Mexican bank account. Include the last three months' statements but be prepared to
show more if it is requested. The monthly income requirements are reduced by 50% if you own and reside in your Mexican home. If this is the case, be
sure to include a notarized copy of either the deed (escritura) or trust.
If you are married and your spouse also wishes to apply for an FM-3, have your original marriage certificate authorized and translated at the Mexican
Consulate nearest the place of marriage.
Submit a letter signed by you and two Mexican witnesses stating that you are an upstanding citizen living harmoniously within the community. Include
with this a copy of each witnesses' photo ID.
Once you have all of the above mentioned items, make three copies of each and submit your package to immigration. Normally, immigration stamps the
original documents plus two sets of the copies with the date it was received. They keep the originals and one set of copies, the second set is for
your files. It is habit to make the third set of copies as things can sometimes get misplaced.
Step 2
Once you are notified that your application has been accepted, pull together the following:
Black and white passport size photographs (4 x 4 cm.) - 3 right profile and 4 front, no jewelry or glasses.
Form SHCP-5. These forms are readily available through immigration or in Mexican stationery stores. Hint: If you are doing all of this yourself, the
people at immigration are very nice and can direct you to someone who can help you fill out the form.
Your letter of authorization for your FM-3 - 1 original and 2 copies.
Two (2) Copies of your passport.
Include the FM-1 form you received with your authorization letter and two (2) copies. Review this to make sure the information is correct as this is
the information that will be typed into your FM-3 book.
Submit all of the above documentation within 45 days of receiving your authorization letter to the person with whom you are working at immigration.
An FM-3 permit is required if you are planning on living in Mexico more than 180 days per year.
Limitations
As specified above, you will not be able to work if you are classified as a rentista. If you are moving to Mexico because of work, make sure your
employer helps you make all the arrangements necessary to allow you to get working papers or check with your nearest Mexican Consulate as to what is
required.
If you obtained your FM-3 through a Mexican Consulate in your country, you must register it within 45 days of your arriving in Mexico with the local
Immigration office.
Your FM-3 must be renewed annually for a period of five years. After five years you may apply for an FM-2 or simply apply for a new FM-3.
The FM-3 allows you to bring your vehicle with you across the border but, its registration must also be renewed every year.
FM-2
An FM-2 is a one year permit to reside in Mexico. Unlike the FM-3, however, this document makes the holder an Imigrante (Immigrant). The document must
be renewed each year as long as you continue to reside in Mexico. After your fifth year you can apply to become an imigrado - immigrate into the
country.
You may apply for an FM-2 at any Mexican Immigration office within Mexico.
For the moment, it is recommended that you find a good Mexican attorney to help you through the process. An FM-2 is harder to obtain than and FM-3
because it is meant for people who desire to make Mexico their permanent residence.
Proof of income: This figure changes constantly. It is based on minimum wage (400 times the minimum wage in Mexico City) and fluctuates with the
exchange rate. The current amount is $13,780.00 pesos per month for the applicant and $20,760 for a married couple. This proof could be in the form of
a bank statement showing your investments generate that amount or more, it could also be a letter from your consulate stating you receive social
security, a pension, etc.
Proof that the required amount of income is being deposited into a Mexican bank account. Include the last three months statements but be prepared to
show more if it is requested. The monthly income requirements are reduced by 50% if you own and reside in your Mexican home. If this is the case, be
sure to include a notarized copy of either the deed (escritura) or trust.
The administrative "Fee" for an FM-2 is $1,471.00 Pesos.
[Edited on 12-2-2004 by Bruce R Leech]
Banking Requirements???
Cameron - 12-2-2004 at 11:10 AM
Thanks for all the info Bruce!
I've got a question about the banking regulations/income verification you mentioned in the following paragraph:
"...Proof that the required amount of income is being deposited into a Mexican bank account. Include the last three months' statements but be prepared
to show more if it is requested..."
I'm applying for my FM2, and I've got the US banking verification handled, but I wasn't aware that a monthly deposit in a Mexican bank account was
required. I'm planning on opening a Mexican account, but I don't have one yet.
Should I/do I need to wait to submit my application until I have my Mexican bank account with a corresponding record of a few month's worth of
deposits???
Thanks again for all of your help! Cameron
Germanicus - 12-2-2004 at 12:39 PM
This is how the Immigration / bank is doing their job here in La Paz.
A) No bank account without FM3
B) No FM3 without bank account.
Pay the immi-officer 100 pesos and it works without bank account.
Bruce, I haven't red the whole article, (man is that long!!) but I guess you forgot that you got to have a Mexican residance (address)
and 3 pictures -profile and three pics - from front, 4x4 millimeters and in black and white and no instant pics are allowed.
So far my experiance from today.
Bruce R Leech - 12-2-2004 at 01:03 PM
you are right Germanicus
also I have a Friend that tacks in his ATM receipts and they accept that instead of a bank account.