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New Immigration Rules
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 439
Location: Cancun, Mexico

PostPosted: Sun Oct 14, 2012 3:49 pm    Post subject: Reply with quote

I don't know if anybody has tried to make sense of these for themselves, but a possible way out may be found in Article 59 of the regulations published this year.
Quote:
La autoridad migratoria, en el filtro de revisión migratoria, expedirá un documento migratorio alas personas extranjeras que cumplan con los requisitos de internación, de acuerdo con el tipo de visa que seles haya autorizado o que corresponda en casos de supresión de visa.
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Samantha



Joined: 25 Oct 2003
Posts: 2032
Location: Mexican Riviera

PostPosted: Sun Oct 14, 2012 11:10 pm    Post subject: Reply with quote

The lengthy printed regulations are fine and well, but as always it's going to depend on how they are interpreted by each friendly, neighbourhood Immigration office, as to how they are applied. Or to whom. Or when. Or if.
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MotherF



Joined: 07 Jun 2010
Posts: 1133
Location: 17°48'N 97°46'W

PostPosted: Wed Oct 17, 2012 2:33 pm    Post subject: Reply with quote

Here's a new change. An immigration official came by work (a 3 hour drive from the immigration office!) to check on us. Everything checked out fine and he left. That's never happened before in 15 years. Now if we could just get them to come here twice a year and collect all the renewal paperwork--they can take the 3 hour trip instead of us.
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Samantha



Joined: 25 Oct 2003
Posts: 2032
Location: Mexican Riviera

PostPosted: Wed Oct 17, 2012 4:28 pm    Post subject: Reply with quote

There seems to be some real changes coming, and as you say, this could be a result. Here is an article in English laying out some of the impending changes.

http://www.yucatanexpatriateservices.com/resident-services/new-immigration-laws-2012.html

Quote:
Visitor visa with permission to engage in lucrative activities (Visa de visitante con permiso para realizar actividades remuneradas)
This visa will be issued for those non-Mexicans interested in doing business in Mexico for no more than 180 days. The individuals or legally-established corporations in the country who want to give a job to a non-Mexican may submit an application for a specific person to perform a specific job. They must provide the following information:

Proof of an employer registration record issued by the Instituto Nacional de Migración (INM)
The name and nationality of the non-Mexican
The position he or she will perform for the company
The amount of compensation for this position and this person
The duration of the job
The address of the workplace
Proof of ability to pay for his/her travel

Immigration authorities may conduct verification visits to the workplace to check the veracity of the job, the existence of the petitioner or any other information presented in the application. Upon approval, the visa issues will allow the person performing the job to engage in activities for pay and will be for the duration of the position as stated in the application.


Time will tell just how each office is going to handle the changes, but some things seem pretty clear.
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Wed Oct 17, 2012 6:53 pm    Post subject: Reply with quote

Samantha wrote:
There seems to be some real changes coming, and as you say, this could be a result. Here is an article in English laying out some of the impending changes.

http://www.yucatanexpatriateservices.com/resident-services/new-immigration-laws-2012.html

Quote:
Visitor visa with permission to engage in lucrative activities (Visa de visitante con permiso para realizar actividades remuneradas)
This visa will be issued for those non-Mexicans interested in doing business in Mexico for no more than 180 days. The individuals or legally-established corporations in the country who want to give a job to a non-Mexican may submit an application for a specific person to perform a specific job. They must provide the following information:

Proof of an employer registration record issued by the Instituto Nacional de Migración (INM)
The name and nationality of the non-Mexican
The position he or she will perform for the company
The amount of compensation for this position and this person
The duration of the job
The address of the workplace
Proof of ability to pay for his/her travel

Immigration authorities may conduct verification visits to the workplace to check the veracity of the job, the existence of the petitioner or any other information presented in the application. Upon approval, the visa issues will allow the person performing the job to engage in activities for pay and will be for the duration of the position as stated in the application.


Time will tell just how each office is going to handle the changes, but some things seem pretty clear.


These new regulations don't seem to apply to those of us who are living in Mexico for extended periods of time but rather for those on short-term employment contracts of no more than 180 days.
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Phil_K



Joined: 25 Jan 2007
Posts: 1826
Location: A World of my Own

PostPosted: Wed Oct 17, 2012 7:52 pm    Post subject: Reply with quote

If you go to the link that Samantha posted, there are many more situations listed - and it all looks easier!
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Wed Oct 17, 2012 8:39 pm    Post subject: Reply with quote

Phil_K wrote:
If you go to the link that Samantha posted, there are many more situations listed - and it all looks easier!


I found this: "Permanent Resident Visa (Visa de residente permanente)

This visa will be issued to a non-Mexican who intends to enter the country in order to reside indefinitely. ..."

This is followed by a list of ways that this kind of visa can be granted, but it appears to apply to those who are not yet living in Mexico. I found nothing in the article that applies to someone like me who had been living in Mexico for 5 years on a No-Inmigrante visa and who wants to become a permanent resident.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 439
Location: Cancun, Mexico

PostPosted: Wed Oct 17, 2012 9:15 pm    Post subject: Reply with quote

Quote:
This visa will be issued to a non-Mexican who intends to enter the country in order to reside indefinitely. ..."

This is followed by a list of ways that this kind of visa can be granted, but it appears to apply to those who are not yet living in Mexico. I found nothing in the article that applies to someone like me who had been living in Mexico for 5 years on a No-Inmigrante visa and who wants to become a permanent resident.

That right, Isla. As I understand it, all visas are issued at embassies and consulates, abroad: visas are not something that you, already having permission to be in residence in Mexico needs to worry about.

The issue I raised has to do with those entering the country, visa free, with the intention of residing here (something more than the 180 day stay).

Issues arise under Art 53 of the new law, and Art 141 of the new regulations about who, having entered the country without a visa, and having been allowed into the country for 180 days, will be permitted to change their status to resident.

This wasn't an issue in the past, as change of status was freely permitted.
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Wed Oct 17, 2012 10:02 pm    Post subject: Reply with quote

Tretyakovskii wrote:
Quote:
This visa will be issued to a non-Mexican who intends to enter the country in order to reside indefinitely. ..."

This is followed by a list of ways that this kind of visa can be granted, but it appears to apply to those who are not yet living in Mexico. I found nothing in the article that applies to someone like me who had been living in Mexico for 5 years on a No-Inmigrante visa and who wants to become a permanent resident.

That right, Isla. As I understand it, all visas are issued at embassies and consulates, abroad: visas are not something that you, already having permission to be in residence in Mexico needs to worry about.

The issue I raised has to do with those entering the country, visa free, with the intention of residing here (something more than the 180 day stay).

Issues arise under Art 53 of the new law, and Art 141 of the new regulations about who, having entered the country without a visa, and having been allowed into the country for 180 days, will be permitted to change their status to resident.

This wasn't an issue in the past, as change of status was freely permitted.


You're right about that. It could cause problems for someone entering the country as a tourist but with plans to look for work once in the country. Since most English-teaching jobs can't be found before you get here, that could make it difficult for many schools and institutes looking to hire new staff from among the expat population.


Last edited by Isla Guapa on Wed Oct 17, 2012 11:10 pm; edited 1 time in total
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MotherF



Joined: 07 Jun 2010
Posts: 1133
Location: 17°48'N 97°46'W

PostPosted: Wed Oct 17, 2012 10:38 pm    Post subject: Reply with quote

Does that also mean that if you have a "plaza" with a definitivo (indefinite) contract that your work permit is now good forever? or until you retire or die which ever comes first?

Quote:
Upon approval, the visa issues will allow the person performing the job to engage in activities for pay and will be for the duration of the position as stated in the application.


or will all teachers with this type of contract need to get a permenant resident visa?

Quote:
This visa will be issued to a non-Mexican who intends to enter the country in order to reside indefinitely.
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Samantha



Joined: 25 Oct 2003
Posts: 2032
Location: Mexican Riviera

PostPosted: Wed Oct 17, 2012 11:12 pm    Post subject: Reply with quote

Isla Guapa wrote:
Quote:
I found nothing in the article that applies to someone like me who had been living in Mexico for 5 years on a No-Inmigrante visa and who wants to become a permanent resident.

From the website link:
Quote:
Anyone with a current visa (FM2 or FM3) can continue to use their current visa until the expiration date, at which point they will have to renew under one of the categories outlined below......

.....The present visa cards or booklets designating FM2 or FM3 status will cease to be valid and will be replaced by Visitor, Temporary Resident and Permanent Resident cards.

The newly published regulations establish the criteria, requirements and procedures for the following types of visas. We want to stress that the people at the immigration offices are getting trained as we write this article, so details about how these rules will be enacted and questions about discrepancies and changes are still unclear.


In a nutshell, you will change your status from FM3 to Permanent Resident when the FM3 expires. There will be specific criteria which likely won't be much different than we are currently used to, depending if you are retired or working. Things will be simplified a little for those already in the country, something which has been subtly taking place in the last couple of years.
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Samantha



Joined: 25 Oct 2003
Posts: 2032
Location: Mexican Riviera

PostPosted: Wed Oct 17, 2012 11:17 pm    Post subject: Reply with quote

Mother F, on the current FM2 Inmigrado, there has been no need to renew work permissions or have any contact with INM. All they need to know is when we change addresses, so they can keep track. So, that should be no different.
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Samantha



Joined: 25 Oct 2003
Posts: 2032
Location: Mexican Riviera

PostPosted: Wed Oct 17, 2012 11:19 pm    Post subject: Reply with quote

Quote:
Does that also mean that if you have a "plaza" with a definitivo (indefinite) contract that your work permit is now good forever? or until you retire or die which ever comes first?



Mother F, on the current FM2 Inmigrado (which is currently the permanent resident category), there has been no need to renew work permissions or have any contact with INM. All they need to know is when we change addresses, so they can keep track. So, that should be no different.
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Wed Oct 17, 2012 11:42 pm    Post subject: Reply with quote

Samantha wrote:
Isla Guapa wrote:
Quote:
I found nothing in the article that applies to someone like me who had been living in Mexico for 5 years on a No-Inmigrante visa and who wants to become a permanent resident.

From the website link:
Quote:
Anyone with a current visa (FM2 or FM3) can continue to use their current visa until the expiration date, at which point they will have to renew under one of the categories outlined below......

.....The present visa cards or booklets designating FM2 or FM3 status will cease to be valid and will be replaced by Visitor, Temporary Resident and Permanent Resident cards.

The newly published regulations establish the criteria, requirements and procedures for the following types of visas. We want to stress that the people at the immigration offices are getting trained as we write this article, so details about how these rules will be enacted and questions about discrepancies and changes are still unclear.


In a nutshell, you will change your status from FM3 to Permanent Resident when the FM3 expires. There will be specific criteria which likely won't be much different than we are currently used to, depending if you are retired or working. Things will be simplified a little for those already in the country, something which has been subtly taking place in the last couple of years.


Thanks, Samantha. Looks like I missed this. However, since the specific criteria for being eligible for the new types of visas haven't yet been published, we still don't know how those of us already living here will be affected, and the devil is always in the details, isn't it?
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 439
Location: Cancun, Mexico

PostPosted: Wed Oct 17, 2012 11:51 pm    Post subject: Reply with quote

Quote:
Mother F, on the current FM2 Inmigrado....

Under the law as it exists at this moment, what was formerly called FM2 is now Inmigrante, which requires annual renewal; but Inmigrado is something altogether different, amounting to true permanent residency and those characteristics you mentioned, Samantha, strike me as describing the current, Inmigrado status.
Quote:
In a nutshell, you will change your status from FM3 to Permanent Resident when the FM3 expires.

Not necessarily. The law coming into effect November 12; that is, 30 working days after they were published on September 28, says that the current "No Inmigrante" and "Inmigrante" will revert to the new Temporary Resident status; but some now in one or the other of the former categories will be able to apply for Permanent Residency under the new law.

The question M.F. raises is an interesting one, because the law does say that the temporary residence arising out of a contract to work is limited in duration to the length of the contract. Under the new law, INM has discretion to issue temporary residence status for one to four years only. As for permanent residency, to obtain that one must fit under one of the eligibility criteria, and I don't think you'll find an "indefinite term, contract of employment" in that list.

The English Language webpage that is being referred to here strikes me as just covering issuance of visas, and does not shed light on issues relating to visa free entry, or on proceedings before INM, in country. Less than 25% of the new regulations is devoted to proceedings before the Embassies and Consulates, abroad. Most of what we will be interested in appears in other sections, not addressed in the article, as I read it.

The previous page of posts to this thread contains the websites for both the new law (2011) and the regulations (issued September 2012) meant to implement it, and are the source of the information on which my comments are based.
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