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New Immigration Rules
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Tretyakovskii



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

PostPosted: Sat Oct 20, 2012 4:29 pm    Post subject: Reply with quote

With a little searching in the wegpage for the Secretaría del Gobernación I was able to find references in the law to what you were saying, Samantha.

It seems to agree with you exactly, in effect, that it is in the descretion of the INM. It applies to those cases in which a Mexican spouse is asking on behalf of their foreign spouse for permission for the foreign spoue to reside with them in Mexico.
Quote:
Acreditar en forma fehaciente la solvencia económica del solicitante, la cual deberá ser suficiente, a juicio del INM, para atender las necesidades de su cónyuge o familiar.
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Samantha



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

PostPosted: Sat Oct 20, 2012 11:05 pm    Post subject: Reply with quote

Well....I'm crushed that you didn't believe me. LOL. Now you know that not everything is in writing (pesos amounts to prove solvency). And even if it is, it means nothing if the office in your area chooses to interpret it their own special way. Slapping down the law in front of them and telling them they are wrong, won't go over too well. They are a bit sensitive like that.

The other thing that should be clarified besides the fact that there is no set peso amount to prove solvency, is that actual proof of solvency by the Mexican spouse, can be as simple as showing regular deposits into a bank account. You have to trust me on that one. That's basically the same thing foreigners do when showing bank statements to prove they can support themselves in Mexico. I have known foreigners who have recycled the same money in and out of the bank for 3 months, just to make INM happy. The FM2 Rentista income requirement is crazy compared to the FM3 Rentista income requirement.

Anyway (back on track..sort of) many workers get paid in cash so don't actually have that paper trail to prove anything. Bank deposits work fine. Money talks. Here are the current requirements to pass along to the lady on the other forum who is fretting over this question. They should have it made with their savings. ** I found you there when I Googled this wording in search of the document. hehe Small world.

http://www.inm.gob.mx/static/tramites/Internacion/Unidad_familiar/DependienteEconomico.pdf
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Tretyakovskii



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

PostPosted: Sun Oct 21, 2012 1:21 pm    Post subject: Reply with quote

Quote:
Slapping down the law in front of them and telling them they are wrong, won't go over too well.

Agreed, can't imagine anyone doing that, except in extremis.

Quote:
Now you know that not everything is in writing (pesos amounts to prove solvency). And even if it is, it means nothing if the office in your area chooses to interpret it their own special way.

If you mean by this that the law is unimportant, I'd have to part company with you. I wouldn't even go so far as to say the law is "relatively" unimportant.

Insofar as the law gives the INM discretion, there will be differences in outcomes, from case to case; but, if I didn't think knowing the law in the area of immigration was of any use, I wouldn't bother to search for it.

Knowing what the law says about eligibility, and processes, is important in the planning of the approach to take on a case. Judgment is required in the planing and preparation of the documents you submit, but knowing the requirements is the starting point. Knowing the law and regulations, and ultimately, the guidelines given the INM officials in how to handle cases of different types, seems extremely valuable to me.

Quote:
I have known foreigners who have recycled the same money in and out of the bank for 3 months, just to make INM happy.

I wouldn't characterize it quite this way: I'd call it practicing fraud on the INM.
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boomerexpat



Joined: 15 Apr 2012
Posts: 129
Location: Mexico

PostPosted: Thu Jan 03, 2013 2:46 am    Post subject: permanent resident non-working Reply with quote

Just curious as to the take of those of you who have been living in Mexico for a while.

Raising the minimum income (pension or paycheck) for permanent resident/non-working (in other words retired) to 2400 USD seems steep. How many Mexicans make that?

Is this just part of a backlash against the flood of Gringos who have headed South across the border for cheaper and more exotic living?

Does this mean that all the ESL teachers have to flee back across the border once they quit teaching? If so, seems like it would be quite a disincentive for anyone to come teach there unless they are a young backpacker or a semi-retired person with a good pension.
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9403
Location: Mexico City

PostPosted: Thu Jan 03, 2013 4:24 pm    Post subject: Reply with quote

It does seem like a steep increase...I don't think it needs comparing to what Mexicans earn though.

I don't see why there would ever be a backlash against foreign residents at all. Foreigners bring money into the country and spend it here.

If anything, the new rules simply seem to come closer to what Canada and the US have in place. Perhaps Mexico is trying to streamline into North America?

Young backpackers will probably just teach on tourist visas as they've often already done. I think the bigger problem will be low and mid tier collegios and bilingual schools that a) generally don't hire through job fairs abroad and b) have generally processed the work visa from within Mexico. They won't be able to rely on locating foreigners already in country.

Top schools that hire at job fairs abroad or by email/phone will have an extra step to take in ensuring their hires have the pre-paperwork done from outside Mexico.
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boomerexpat



Joined: 15 Apr 2012
Posts: 129
Location: Mexico

PostPosted: Fri Jan 04, 2013 11:54 am    Post subject: Reply with quote

I think it will also change the type of expat you get who comes to Mexico to retire. Fewer of the unconventional eclectic expats. A lot more governmental workers. Most people don't have pensions these days - just 401Ks and real estate and it puts a lot of the focus on pension checks.
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j_nmi_rutledge



Joined: 18 Mar 2013
Posts: 22
Location: Mexico City

PostPosted: Wed Mar 20, 2013 8:55 pm    Post subject: Reply with quote

hi y'all. complete newbie here. please forgive me for an faux-pas. i am trying to learn all y'all's rules as well as learn about the EFL industry, all the new laws, etc. my head may explode any minute Laughing .

in regards to the immigration situation, i am wondering if there are any new anecdotes/experiences etc since the last post (in January I think).

also, somewhere on this wonderful world wide web (and maybe on this forum somewhere) in the last 4 days, I have read some figures that were alarming as to solvency requirements - figures like $124,000 or $100,000. To that question, as I understand what I read on the LA Mexican Consulate website, the income requirement of $100,000 (veinte mil días de salario mínimo vigente para el Distrito Federal, durante los últimos doce meses.) pertains to the employer who has offered the job. In other words, the employer, as the sponsor and responsible party, must show this amount of funds in their bank over the last 12 months, not the person seeking the visa. If the company is an educational institution, then they must show that they are accredited/registered but then do not have to prove funds. If the person soliciting the visa is all on their own, then they must show bank funds for the last 12 months equal to about $50,000 (10 mil dias de salario minimo) OR a monthly income for the last 6 months equal to 200 days minimum wage, or about $1000 per month. (My figures are US dollars. My calculations are based on info on Wiki that the highest daily minimum wage in Mexico is about $62 pesos, multiplied by the number of days of required salario – 20,000; 10,000; 200 respectively – then converted via Google from pesos to dollars as of 20 mar 2013.)

Interesting to note my website:
http://embamex.sre.gob.mx/cuba/index.php/visas/125

Upon copying to paste it here, I realized it is the Mexican Embassy in Cuba, although I accessed this page from the LA Consulate website. I have checked out several Consulate web pages in the US because they all have different pages and few of them seem updated with the new info. The LA page does seem to be updated.


ISSUE dos:
Article 53 says you can’t change your status from inside the country unless you are there for humanitarian reasons or have a link to a Mexican. I wonder if a fiancé earns this status. Please oh please say that I can claim concubina status. Wink I so so so want that to be my legal status! Also, does conyuge mean legally married or can it imply something like common-law? I can't get a clear answer from RAE.


ISSUE tres:
Points system: has anyone found the values yet? I can tick off a few of the requirements, just don’t know how much they will add up to, nor the total required. (BA in Latin American Studies, Spanish fluency)

Disclosure: I am engaged to the most awesome mexicano on the face of the planet Very Happy but it's all one big mess right now, not the least of which is that he is in DF and I am in the US. I am trying to figure out the most efficient way to gain legal status to work in Mexico. That's why I am not sure under which status I should begin.

TL;DR:
any new news on the applications of the new laws, especially in regards to those trying to enter to earn a CELTA and then find work?

thanks to all. your discussions have been incredibly helpful thus far!
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MotherF



Joined: 07 Jun 2010
Posts: 1143
Location: 17°48'N 97°46'W

PostPosted: Wed Mar 20, 2013 11:23 pm    Post subject: Reply with quote

You couldn't possibly be engaged to the most awesome Mexican on the face of the planet as several of us here are already married to that person. Wink

But who ever it is you are engaged too--why not ask that person to drop by his local INM office and ask them what you to need to get you here with permission to work. Each office has a local head who interepets the rules, so it's best to get the word directly from that person.

Also, you didn't say--you want to teach English right? What English teaching credentials do you hold?
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j_nmi_rutledge



Joined: 18 Mar 2013
Posts: 22
Location: Mexico City

PostPosted: Wed Mar 20, 2013 11:41 pm    Post subject: Reply with quote

Hi MotherF,

thanks for replying!

ok, first, i'll grant you he may not the best. but he's certainly ONE of the best Very Happy ! es mi cielo, pues no tengo palabras.

so why is it that the simplest answers always escape me? i will have him go by the local office. but, that brings up another question, since my head is now spinning. can i convert a tourist visa in country if i am converting it based on our relationship? i think i can. i don't know. i am crossing info at this point. but since laws can be interpreted differently (as y'all have pointed out), that wd be best.

i currently hold exactly zero teaching qualifications. i know, impressive. Rolling Eyes

what i do have is a BA in Latin American Studies, some hodge-podge "teaching" experience (enough to know i like it and i'm not too shabby at it) and a whole lot of information from this board and elsewhere.

so, my plan is to come down there for the June/July CELTA certification from IH. what i have gleaned from the boards here is that, as far as an employer, there are better and there are worse. i'm not finding anything as to how they rate as a certification school. BUT they follow the general rules i've been able to pick up on here: the certification includes at least 120 contact hours, 6+ hours of practicum, outside monitoring, and it is a CELTA. so based on that, i feel it is a solid choice (would love to hear opinions, if available).

from there, i am trying to figure out if i will have to leave to get permission to work or if i can get Sr. Awesome to sponsor me w/o having to leave. but even that gets tricky, as our situation is less than ideal. (his estado civil, not having money to just throw at the problem, etc).
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 856

PostPosted: Thu Mar 21, 2013 3:46 am    Post subject: Re: permanent resident non-working Reply with quote

boomerexpat wrote:



Raising the minimum income (pension or paycheck) for permanent resident/non-working (in other words retired) to 2400 USD seems steep. How many Mexicans make that?



A set amount seems odd to me, especially one that high. In Mexico City, even, that is a good amount of money, and in a smaller town, like the one I live in, or the one MotherF lives in, it is a LOT of money. So it seems like there should be some adjustment made depending on where the person wants to live, in terms of needed income.
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 856

PostPosted: Thu Mar 21, 2013 3:50 am    Post subject: Reply with quote

j_nmi_rutledge wrote:
H



from there, i am trying to figure out if i will have to leave to get permission to work or if i can get Sr. Awesome to sponsor me w/o having to leave. but even that gets tricky, as our situation is less than ideal. (his estado civil, not having money to just throw at the problem, etc).


OOOh, I question I actually know the answer to! If your relationship is formalized (civil marriage OR a registed Union Libre) you can change your status in country. I helped a former boss do this, and he was not even a citizen, just an FM2 holder. But, to register a Union Libre, the person in question can not be married to anyone else, as it is recognized as a defacto marriage for pretty much any legal purpose you can think of.
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j_nmi_rutledge



Joined: 18 Mar 2013
Posts: 22
Location: Mexico City

PostPosted: Thu Mar 21, 2013 4:48 pm    Post subject: Reply with quote

hey BadB

good info! thanks!

so it looks like then that i can come do my CELTA training and remain to find a job and switch my visa status. excellent news! Very Happy

so i will focus on what paperwork to bring (with apostilles) and deciding on a city. more threads to read up on! and i think i have another question to post.

this board has been so helpful and reassuring. great community here!

(also BadB, i had a beagle once. he, too, was very bad!)
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j_nmi_rutledge



Joined: 18 Mar 2013
Posts: 22
Location: Mexico City

PostPosted: Thu Mar 21, 2013 5:34 pm    Post subject: Reply with quote

oh hey, i forgot something BadB -

do you (or anyone else) know what i should expect for that type of conversion of my visa? if i come in june for a 1 month intensive, and marry my Sr. Awesome by mid july, will there be time to get things squared away to get hired and work legally by the start of the school year (which i have understood to be end of august)?

thanks!
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 856

PostPosted: Thu Mar 21, 2013 7:20 pm    Post subject: Reply with quote

The last time I walked someone through Migration was about a year ago, and things have changed since then. Some things have gotten easier, some, I think harder. I believe you have to ask for permission to marry a Mexican, or rather, the Mexican has to ask for permission to marry a foreigner. Mother F might know more about that. Not sure what is required, or how long that takes. Registering a Union Libre is less complicated, you can do your paperwork based on that, and get married later, if that works better.
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j_nmi_rutledge



Joined: 18 Mar 2013
Posts: 22
Location: Mexico City

PostPosted: Thu Mar 21, 2013 7:42 pm    Post subject: Reply with quote

alright, that seems reasonable. as per previous sage advice, i have asked Sr. Awesome to go to his local INM office. not sure when he is going to have the time to start this, but i am going to leave this part of the puzzle mostly in his hands for now and will ask him to start as soon as possible. maybe that way we can figure out the hurdles sooner rather than later.

muchas gracias!
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