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Author: Subject: Residente card and automobiles
monoloco
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[*] posted on 2-23-2014 at 10:04 AM


Quote:
Originally posted by DavidE
If you cross the border often, then why not go for the FMM twice a year? The residente permanente gives you no additional land rights. Hell I don't think my citizenship gives me additional rights over an FMM except as I wrote the ability to own a deed minus a fideicomiso. My home in Michoacan is 5 solid days of driving from the frontera and two trips a year would be hideously expensive and inconvenient. I do NOT trust this administration as far as I can hurl it. If they go through with their plans for placas nacionales, then it's going to complicate things a lot. Returning to the border every 5th year would be a pain for me. A 4,000 mile round trip. 145 dollars in tolls each way and higher-than-hell hotel rates. A multi-day stay in the USA? Ni Modo.

I would stick with the FMM personally. Rules change and noses snot up pretty suddenly these days.
You are absolutely correct, the ONLY reason to get a RP or RT is if you reside full time in Mexico and want to avoid having to drive up to the border to get a new tourist card twice a year, or are gainfully employed in Mexico. Other than that, I can see absolutely no benefit to having it.



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gilmarlin
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[*] posted on 2-23-2014 at 10:08 AM


It says right on the tourist card that you must surrender it when leaving the country (I know, you've never had to do it in the past), but these days if their computer system works they could refuse to issue a new one if they haven't received the old one.

You can mail your immigration form to the State Secretariat of Tourism P.O. Box #2448 Chula Vista Ca. Zip. 91912 and they will return it to Mexican Immigration.

I don't think that the tourist card every 6 months is what I want, so I need to find out if I'm stuck starting over with a Temporary Resident of if I can just get the Permanent Resident. As far as having to get Mexican Plates, my friend in San Felipe who has a business said that his car insurance is cheaper, so that's one good thing... :lol:
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[*] posted on 2-23-2014 at 10:37 AM


To change status, one should generally apply in your home state, city mexican consulate, for example, San Diego, CA. You can read the requirements by visiting mexconnect.com and check on translated versions of the requirements and suggestions.

Retirees may qualify by income of about $3000US monthly or by a bank balance of some amount approx 120k/US or by point system that takes into account your cultural contribution and background in mexico, mexican family connections, ability to speak spanish, level and type of education.

At your home mexican consulate you will pay a fee of about $26 to apply and if you receive approval you must visit your mexican home IMN and submit the approved application with 6 months of issue and within 10 days or arrival in Mexico. The local INM may not override the decision of the consulate and must act on the decision if the information you provide is consistent with the application.

One can be a PR and then choose to no longer be PR later or you can keep it forever and never apply again. Your choice. It's not the end of the world in any case. Good luck
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monoloco
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[*] posted on 2-23-2014 at 10:42 AM


If you don't currently have some kind of residency status, you must start the process at the Mexican consulate in your home country.



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gnukid
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[*] posted on 2-23-2014 at 10:57 AM


Generally any change in status requires you apply at the mexican consulate closest to your home country address. For example FM3 to PR, Temp to Perm, FMM to Perm. If you are on the correct track with FM-3 in the final renewal or with FM-2 then and you want to be PR it is not necessarily required to go to the consulate since sit is not a change in status. Other cases may also apply at IMN for example married to a mexican etc... professional in sciences, honorary person etc...
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MitchMan
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[*] posted on 2-23-2014 at 11:39 AM


I don't buy the argument that there is no difference in rights between FMM, RT and RP. Distinctions are ONLY legal. FMM is for "visitors" and by definition, that means the individual is only visiting which is by all perspectives temporary and limited to 180 consecutive days.

My Mexican attorney told me that a holder of an FMM may not leave tangible personal property (TPP) behind when they leave Mexico, but that RPs can leave certain TPP behind when they leave the country. Also, I was told that if you have real estate in Mexico by way of a fido, if you are a holder of an FMM, you have no standing in Mexican courts to assert your rights to defend your interest in the real estate if it is challenged since you are merely a visitor with no residency rights. Makes sense to me.

Also, if you have a casita by way of a fido, you can take TPP furnishings for the casita from the USA to your casita and 'leave it there' in the casita. Not sure what the 'technical legal' situation is with regard to leaving TPP furnishings behind in a casita is if you hold and FMM and have a fido casita. My guess is that an FMM holder probably cannot legally take furnishings from USA to his/her fido casita and leave them there. Just because many FMMs have done it doesn't mean it is technically legal.

It seems to be an accepted way of life in Baja to live with technical illegalities, especially since knowledge and enforcement of Mexican law at all levels of government is so haphazard, slipshod, and inconsistent.

[Edited on 2-23-2014 by MitchMan]
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gilmarlin
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[*] posted on 2-23-2014 at 01:09 PM


That's a good point concerning personal property, if and when I obtain permanent status, I have 6 months to import my household to Mexico without any fees... Here's a link to a site that is full of translated, up to date info...

http://yucalandia.com/answers-to-common-questions/new-rules-...
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monoloco
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[*] posted on 2-23-2014 at 03:16 PM


Quote:
Originally posted by MitchMan
I don't buy the argument that there is no difference in rights between FMM, RT and RP. Distinctions are ONLY legal. FMM is for "visitors" and by definition, that means the individual is only visiting which is by all perspectives temporary and limited to 180 consecutive days.

My Mexican attorney told me that a holder of an FMM may not leave tangible personal property (TPP) behind when they leave Mexico, but that RPs can leave certain TPP behind when they leave the country. Also, I was told that if you have real estate in Mexico by way of a fido, if you are a holder of an FMM, you have no standing in Mexican courts to assert your rights to defend your interest in the real estate if it is challenged since you are merely a visitor with no residency rights. Makes sense to me.

Also, if you have a casita by way of a fido, you can take TPP furnishings for the casita from the USA to your casita and 'leave it there' in the casita. Not sure what the 'technical legal' situation is with regard to leaving TPP furnishings behind in a casita is if you hold and FMM and have a fido casita. My guess is that an FMM holder probably cannot legally take furnishings from USA to his/her fido casita and leave them there. Just because many FMMs have done it doesn't mean it is technically legal.

It seems to be an accepted way of life in Baja to live with technical illegalities, especially since knowledge and enforcement of Mexican law at all levels of government is so haphazard, slipshod, and inconsistent.

[Edited on 2-23-2014 by MitchMan]
I was involved in a court case to defend my rights in a matter concerning a lease, I was never asked for anything but a passport, and there was never any inquiry as to my immigration status. I am certain if there was any possibility that it would have made a difference in the outcome, the opposing lawyer would have been all over it.



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CortezBlue
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[*] posted on 2-24-2014 at 07:23 PM


When we update our FM2 in 2012, we were told that RP was our only option because we were home owners in Mexico. We were also told that there are no limitations or rules around "Full Time" in Mexico. We were told we could come and go as we please.

I don't think that this issue around having a Mexico plated vehicle is valid. I am going to talk to the lady who did my RP and ask her about it and will update what I find out.

I may license my 88 bronco that I leave at my casa in San Felipe just because I really like the Baja plate!!




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Russ
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[*] posted on 2-24-2014 at 08:57 PM


Remember there are restrictions on importing an older car. Don't know what the limits are.



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[*] posted on 2-24-2014 at 09:25 PM
Plates


OK, so if this is a big deal (RP's and importing cars), what about the ziillion Mexican Nationals whom I assume are permanent residents driving cars with expired US plates..........anybody going after them???



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[*] posted on 2-25-2014 at 02:25 PM
Importing Cars IN Cabo


Just got this from a friend in Cabo.

"Anyone need to import their car? Get in touch with me, I have a friend who is going to be doing a 'mass importing' soon for a very reasonable price and you don't have to take your vehicle to Tijuana. NO bribes, real importation!"

After I warned of possible consequences he stated that he knew the guy and that the guy has been putting this together for a while and trusted him.
:O
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DavidE
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[*] posted on 2-25-2014 at 02:40 PM


ah jeez, go to a mainland forum

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Go to secgob ADUANA and ask them about the legitimacy if this quackery. After the guy pries himself off the floor and wipes his eyes dry he will explain to you the reality of the more than three thousand "nacionalizados" that were phony but still managed to get state license plates. You'll find the vehicles scattered throughout a few dozen corralones federales throughout Mexico.




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ViajeraGal
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[*] posted on 3-4-2014 at 05:15 PM


there's a lot of talk about the importation of foreign plated vehicles in BajaSur as mentioned.

ONLY vehicles older than 5 years and not as old as 10 years fall under this law; unfortunately my vehicle falls within that timeframe, being a 2008.

Currently I am in Rosarito and was originally considering doing the import thing, but don't really want to, and was talking with my lawyer here on other matters, and so I queried him about this and he said he believes that it is NOT necessary unless and until one attains Mexican CITIZENSHIP. Obviously, one needs to have up-to-date vehicle registration and current US/Canada driver's license, otherwise you would be at risk for it being impounded.
I have heard from the guys who charge down south to take vehicles north for the importation process, that there are a lot of impounded vehicles at the San Jose' del Cabo AIRPORT----but I tend to think that IF that is true, they were not current on rego or license, or something else. I think they stir up a lot of fear in this regard to get business; but I would be really wary of

that's my 2 bits for what it's worth. We have always done our best to be legal and fit in with the local culture etc., but know it's best not to make waves, as also aforementioned.
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gilmarlin
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[*] posted on 3-5-2014 at 10:16 AM


I went to the Consulate in Calexico again with all the documents that they had asked for in November. The person at the Consulate was not interested in any of them except for my bank statements and copies of my passport. :no: They didn't accept the bank statements that showed 3-4 thousand dollars per month of deposits. They wanted to see where they came from. I told them they were direct deposits for consulting fees that I receive, still the answer was no. I explained that I am not the typical retired person that receives a pension or social security so I don't know how else to prove that I am financially solvent. She said that if I could show investments totaling $125,000 dollars for 12 months , that would work. I mentioned that I had brought in copies of my savings in November which showed just that, and that they had refused to accept them then. She said the Consulate had changed personnel since then and the rules had changed... :lol::?::no:
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