BajaNomad

Permanent Resident

BigOly - 3-22-2019 at 01:12 PM

I am a permanent resident in Baja. Will my new wife automatically become one and/or what's the process for getting her green card?

Just read this so I guess No is the answer.
A foreign spouse or common-law partner of a Mexican citizen or foreigner holding permanent resident status in Mexico may not, under any circumstances, be issued a permanent resident visa. Upon maintaining temporary resident status for a period of two years, the person may apply to the National Migration Institute for permanent resident status, provided the matrimonial or common-law relationship remains in force.

[Edited on 3-22-2019 by BigOly]

gnukid - 3-22-2019 at 01:32 PM

No, as spouse of a permanent resident she can qualify for temp residency for 2 years, then become permanent resident, or elect to stay with a FMM. Or the Spouse can pursue PR on their own, just as you have done.

Of course, you should contact the INM or Consul for the latest policy wobble. I believe there is a 800 English info phone number too?

Alm - 3-22-2019 at 03:15 PM

There is really no difference in living with temporary resident status VS permanent resident, - other than that she will need to change TR to PR later. If she is still you spouse by then, and still wants to live there.

Regardless of her immigration plans, you must notify INM in written no later than 90 days after marriage.

surabi - 3-22-2019 at 10:23 PM

Quote: Originally posted by Alm  
There is really no difference in living with temporary resident status VS permanent resident


That's not quite true.
If one wants to stay on temporary residency, they'd have to re-apply for that status every 4 years from a consulate outside of Mexico.
A permanent resident can't drive a foreign-plated car.
A permanent resident can work in Mexico without any special permission.

gnukid - 3-23-2019 at 08:06 AM

Quote: Originally posted by surabi  
Quote: Originally posted by Alm  
There is really no difference in living with temporary resident status VS permanent resident


That's not quite true.
If one wants to stay on temporary residency, they'd have to re-apply for that status every 4 years from a consulate outside of Mexico.
A permanent resident can't drive a foreign-plated car.
A permanent resident can work in Mexico without any special permission.


Not true, if you want to change your status, then you must apply at consulate. Maintaining status as you described can be done in country.

PR should not drive us plate in areas where TIP is required. In the Frontereza or Border zone e.g. Tecate, TJ, Ensenada to Sonora and down to Cabo there is no restriction.

PR can work but still must have training for specialized fields, doctor, lawyer, priest etc.

Let's drop this and let anyone who wants to pursue their residency speak to INM or consul since people seem to get it wrong most of the time here.

[Edited on 3-23-2019 by gnukid]

Alm - 3-23-2019 at 10:55 AM

Quote: Originally posted by surabi  

That's not quite true.
If one wants to stay on temporary residency, they'd have to re-apply for that status every 4 years from a consulate outside of Mexico.

The point was - she won't see a difference when "living" with RT. For 2 years until she gets the RP. Re-applying is another thing, most people prefer changing to RP anyway.

Howard - 3-23-2019 at 11:08 AM

I have asked this several times of the last couple of years. Anyone know an accurate answer?

Can one travel to the mainland, below Sonora with a TR and foreign plates on their auto or RV?

I know that several years ago the Ferry in La Paz would not let anyone on with a PR and foreign covered plates cross to the mainland. I know your PR is good from Santa Rosalia to Guaymas because that's in the free zone.

gnukid - 3-23-2019 at 12:32 PM

Quote: Originally posted by Howard  
I have asked this several times of the last couple of years. Anyone know an accurate answer?

Can one travel to the mainland, below Sonora with a TR and foreign plates on their auto or RV?

I know that several years ago the Ferry in La Paz would not let anyone on with a PR and foreign covered plates cross to the mainland. I know your PR is good from Santa Rosalia to Guaymas because that's in the free zone.


Yes of course, a temporary resident can drive a foreign plated TIP vehicle throughout Mexico as long as your vehicle is up to date with reg, title, tires, and lights and so forth, and your driver's license is current and the vehicle is insured.

Howard - 3-23-2019 at 01:00 PM

Gnukid, thank you for your answer. I am talking about the TR card, not the FMM. Is that what you are referring to as well?

gnukid - 3-23-2019 at 01:35 PM

Quote: Originally posted by Howard  
Gnukid, thank you for your answer. I am talking about the TR card, not the FMM. Is that what you are referring to as well?


Yes Temporary Resident may drive throughout Mexico with TIP vehicle while PR may not get TIP or drive in the restricted with foreign plates.

The applicable law is written in the Aduana GOB MX section although generally laws document restrictions, and TR is not restricted which is why you may not see it explicitly written that TR CAN DRIVE THROUGHOUT MEXICO WITH FOREIGN TIP VEHICLE.

To be clear, there are many exceptions to laws about who can drive what plated vehicle, for example, a PR or Mexican citizen can drive a vehicle registered to a TR while being with that TR in a TIP plated vehicle in the restricted zone.

In the end, you see about half the cars in Baja being driven by Mexicans with either no plates, us plates, weird Onapafa / Anapafa or non-current registration, and foreigners are often out of compliance as well. So in Baja about 25-50% are out of compliance, which is accepted for a variety of reasons associated with it being often remote. There used to be Articulo 106 that could be interpreted to allow TR / PR to drive out of compliance (expired reg) vehicles as long as they were in compliance when they started the 4 year period of the TR and they hadn't left and come back, which makes sense. But few people read the law or care, especially cops. I used to roll down the window when cops pull me over and yell Articulo Ciento Seis and they would turn and walk away.

Further to the point, one could argue that local transit police have no right to molest you as a legal foreigner in a current legal foreign vehicle, it is your private property and it does not need to conform to case by case city and county jurisdiction but you should comply with transit circulation laws. Federal and border police may question you. But try to explain that to the overweight cop hassling you for mordida for tacos, though I never have paid ever. I just wait them out and I talk about grandma, food and recipes and shopping lists and they loose patience.

Mainland is a different story and requires compliance at various filter points. In DF it is highly restrictive.

surabi - 3-23-2019 at 07:59 PM



Not true, if you want to change your status, then you must apply at consulate. Maintaining status as you described can be done in country.

PR should not drive us plate in areas where TIP is required. In the Frontereza or Border zone e.g. Tecate, TJ, Ensenada to Sonora and down to Cabo there is no restriction.

PR can work but still must have training for specialized fields, doctor, lawyer, priest etc.

Let's drop this and let anyone who wants to pursue their residency speak to INM or consul since people seem to get it wrong most of the time here.

[Edited on 3-23-2019 by gnukid][/rquote]

You're right about the cars as far as it pertaining to areas where you need a tip.
But if one wants to renew a temporary residency that has completed its 4 years, yes, you have to reapply from outside the county- it can't be extended from within Mexico. Believe me, I went through this. It didn't used to be like that- you could keep applying for a new temp residency every 5 years at an INM office within Mexico. But that changed several years ago.
No, you don't need any specialized training to work here on a permanente visa. That's totally false. You can work anywhere you want- you could start your own hot dog stand if you wanted, you just have to notify INM of work or work changes, but you don't require permission to work. At anything.

gnukid - 3-24-2019 at 07:37 AM

Surabi, that's sounds about right as well,

Any Mexican Visa Residency application for change or renewal should be started in the foreign country at the Mexican consulate close to where you live... including Temporary Resident 4 year renewal, though, it seems some immigrants succeed from their home INM in Mexico, perhaps there is a historical exception for those who are already known to their local INM office agents who can vouch for them and they find it difficult to travel back for health reasons?

To find out about working legally one can visit SAT counselors to help you get started. They are very nice and usually there is someone who speaks English to help you. SAT is also where you declare your residence.

PR and TR Lucrativa work, PR and sometimes TR can be an independent worker under their own RFC Persona Moral, or with a Negocio RFC Persona Moral.

Once you are setup at SAT to work and are "active" Both PR/TR file Persona Fisica taxes at SAT monthly when "activa"... most people have an accountant help them to file monthly and manage the steps, perhaps it's required, unless you file "inactiva" "en ceros".

Start here https://www.gob.mx/gobierno

You can do anything you want, such as sell magic water, cure-all, mind reading, eventually it will catch up to you, but professional roles require certification, recognized degrees, licenses apostiled and translated to certified Spanish, associated to registered and licensed businesses RFC, that file taxes monthly and receive review.

Even hot dogs stands are supposed to be licensed and may receive periodic health and taxes review and are regularly cited for infractions at least in crazy La Paz, maybe not in pueblos.

Other categories of work that may be recognized by INM / SAT that are different (and may not have to file taxes with SAT because the income is designated to their home country) may include, volunteer, foreign visiting professional, honorary cultural contribution, traveling musician and athlete, religious associate, teacher, etc.

Generally whatever you earned in country should be declared as income in that country.




[Edited on 3-24-2019 by gnukid]

surabi - 3-24-2019 at 01:23 PM

Well, of course one needs to obtain a tax number, pay for any applicable business licenses and so on if they are working in Mexico. There is no requirement to hire an accountant, though. The requirement is to file and pay taxes on your earnings. I've had a small business in Mexico for 15 years, first under a temporary "lucrativa" visa, now under my permanente. I had an accountant the first year, but she screwed up my taxes and was charging too much for what was required, IMO. Since then, I've been filing my taxes as required every 2 months (different categories have different filing rules- mine are bi-monthly), and dealing with all that paperwork myself. A bit tricky at first, but nothing one can't learn if they're so inclined.

[Edited on 3-24-2019 by surabi]