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New INM Rules as of November 9, 2012
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Isla Guapa



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

PostPosted: Mon Nov 12, 2012 12:42 am    Post subject: New INM Rules as of November 9, 2012 Reply with quote

I've been getting into a panic the last couple of days reading about how the new INM rules will affect those holding rentista visas. The monthly income requirements have gone up quite a bit, which will be a huge problem for expats who have retired to Mexico and are on fixed incomes. However, I have seen no information about how the new rules will affect those of us with lucrativa visas, whether No Inmigrante or Inmigrante. Has anyone heard or read anything?
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9401
Location: Mexico City

PostPosted: Tue Nov 13, 2012 4:53 am    Post subject: Reply with quote

Checked a few of the Mexican embassies around the world to see if they had updated their information on the new rules. As usual, info posted is either years out of date or produces a 404 error.

The new monthly income requirements for rentistas is now around 1,900 usd a month, apparently.

Mexconnect is claiming that you can no longer switch a tourist visa to another type (save for refugee status) from within Mexico, but I see that's not true for DF this week from people here going through the process.
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Isla Guapa



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

PostPosted: Tue Nov 13, 2012 2:48 pm    Post subject: Reply with quote

Guy Courchesne wrote:
Checked a few of the Mexican embassies around the world to see if they had updated their information on the new rules. As usual, info posted is either years out of date or produces a 404 error.

The new monthly income requirements for rentistas is now around 1,900 usd a month, apparently.

Mexconnect is claiming that you can no longer switch a tourist visa to another type (save for refugee status) from within Mexico, but I see that's not true for DF this week from people here going through the process.


As usual, each INM office is interpreting the rules according to their own whims. I have read several online accounts of people here (in Mexico, but not in Mexico City) with tourist cards being told they have to return to their home countries to apply for residence visas.
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Dragonlady



Joined: 10 May 2004
Posts: 717
Location: Chillinfernow, Canada

PostPosted: Tue Nov 13, 2012 10:22 pm    Post subject: Reply with quote

wrote:
The new monthly income requirements for rentistas is now around 1,900 usd a month, apparently.

This has been the best-for-me site I've come across (including detailed interpretations of income requirements - scroll down--- ) I still find it confusing http://yucalandia.wordpress.com/living-in-yucatan-mexico/new-immigration-law-published-for-mexico-the-article/

wrote:
Mexconnect is claiming that you can no longer switch a tourist visa to another type (save for refugee status) from within Mexico, but I see that's not true for DF this week from people here going through the process.
As does the Yucalandia site... perhaps the discrepancies 2 posters here have mentioned have something to do with application date a/o entry to country date?

More confusion...
If switching visa types within Mexico is no longer possible, how will students taking teacher training courses within Mexico go on to look for/obtain employment without having to leave and return?

DL
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Isla Guapa



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

PostPosted: Tue Nov 13, 2012 10:39 pm    Post subject: Reply with quote

[quote="Dragonlady"]
wrote:


More confusion...
If switching visa types within Mexico is no longer possible, how will students taking teacher training courses within Mexico go on to look for/obtain employment without having to leave and return?

DL


That's an excellent question. When the bureaucrats were devising all these new rules they obviously weren't considering situations like this. Maybe those running teacher training programs need to lobby the government for exceptions in this case.
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9401
Location: Mexico City

PostPosted: Tue Nov 13, 2012 10:47 pm    Post subject: Reply with quote

Quote:
More confusion...
If switching visa types within Mexico is no longer possible, how will students taking teacher training courses within Mexico go on to look for/obtain employment without having to leave and return?


From the yucalandia link you put up, DL...

Quote:
One significant change due to the 2011 “new” law is that visitors in Mexico on tourist/Visitante visas CANNOT apply to change immigration status while inside Mexico. Visitantes must apply at a Consulate first from outside Mexico to get a new Residente Temporal or Residente Permanente. Further, Visitantes must apply for their Mexican residency visas from their home country. The consulates do not issue Residency visas. Visitantes make their applications and pay fees at their local Mexican Consulate, in their home country, and then the Consulates give you an official notice to submit with your passport when you next enter Mexico. Visitantes then have 180 days to travel to Mexico to continue the process. In Mexico, Visitantes must go to their local INM office within 30 days of entering Mexico to complete the process of getting your Residente Temporal permit.


You'd now have to visit a consulate or embassy before coming to Mexico, to start the paperwork, then finish it within 30 days of landing in Mexico, if this actually goes through. That affects people taking TEFL and CELTA courses and staying in Mexico for work. It also affects private colegios and international schools, who by and large process the paperwork within Mexico.
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Dragonlady



Joined: 10 May 2004
Posts: 717
Location: Chillinfernow, Canada

PostPosted: Tue Nov 13, 2012 11:08 pm    Post subject: Reply with quote

AND yet more...

This link from the (above) yucalandia website answered many of my questions regarding changing or renewing existing FM2/FM3 from within Mexico. http://www.mymexicanlawyer.com/immigration-questions/changing-or-renewing-fm3fm2-to-temporary-or-permanent-resident-card/

And opens up a can of worms for me - do I return before my FM3 expires in May 2013 or wait until after and apply from outside?

DL
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Dragonlady



Joined: 10 May 2004
Posts: 717
Location: Chillinfernow, Canada

PostPosted: Tue Nov 13, 2012 11:54 pm    Post subject: Reply with quote

Guy Courchesne wrote:
You'd now have to visit a consulate or embassy before coming to Mexico, to start the paperwork, then finish it within 30 days of landing in Mexico, if this actually goes through. That affects people taking TEFL and CELTA courses and staying in Mexico for work. It also affects private colegios and international schools, who by and large process the paperwork within Mexico.

Yes, Guy that's how I read it too, but the bug in my bonnet is wondering about a few things.

For one, which set of paperwork someone would start. For long term such as university study the choice is obvious Residente Temporal Estudiante. But for shorter term study such as CELTA (more than 30 days) or for very short term study such as TEFL (usually a few weeks) might the initial application be Residente Temporal which must be completed within 30 days of arriving... or would the lack of an actual written job offer prevent this? What if one has a written offer of employment subject to successful completion of a TEFL (less than 30 day course) or CELTA?

I suspect the Resident Temporal Estudiante requires the course length to be declared, which means a student may be punted from the country earlier, suggesting a Visitante with it's 180 day limit might be a better way to go as one could complete the TEFL or CELTA, then enjoy being a tourist for a while, find a teaching job, leave the country and apply for Residente Temporal.

Normally those entertaining the idea of coming to Mexico to complete a TEFL program, don't have a whole lot of money to be leaving and returning. Anyone else think this will discourage new teachers-to-be or will it encourage more creative ways to be in the country legally?

DL
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Dragonlady



Joined: 10 May 2004
Posts: 717
Location: Chillinfernow, Canada

PostPosted: Wed Nov 14, 2012 12:33 am    Post subject: Reply with quote

Guy wrote...
From the yucalandia link you put up, DL...


Quote:
One significant change due to the 2011 “new” law is that visitors in Mexico on tourist/Visitante visas CANNOT apply to change immigration status while inside Mexico. Visitantes must apply at a Consulate first from outside Mexico to get a new Residente Temporal or Residente Permanente. Further, Visitantes must apply for their Mexican residency visas from their home country. The consulates do not issue Residency visas. Visitantes make their applications and pay fees at their local Mexican Consulate, in their home country, and then the Consulates give you an official notice to submit with your passport when you next enter Mexico. Visitantes then have 180 days to travel to Mexico to continue the process. In Mexico, Visitantes must go to their local INM office within 30 days of entering Mexico to complete the process of getting your Residente Temporal permit.


and I reread from the same website...
Quote:
The 2011 INM “New” Law basically has 4 new categories of immigration permits for Mexico: Visitante, Visitante Estudiante, Residente Temporal, and Residente Permanente. The titles of each type of permit describes what it is for: Visitor, Temporary Resident, and Permanent Resident.


Okay I'm really confused. If the first sentence in the first statement is true, how can the last sentence be true? What am I missing?

DL
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Xie Lin



Joined: 21 Oct 2011
Posts: 502

PostPosted: Wed Nov 14, 2012 1:04 am    Post subject: Reply with quote

It's not really contradictory. You have to apply at the consulate in your home country, but the consulate does not issue the actual permit. They give you "an official notice" (elsewhere I read it's a passport stamp) which is good for 180 days. Once in Mexico you must go to the local INM office within 30 days to complete the processing and get the Residente Temporal permit. So, two stages, apparently.

At least this is my understanding of how it's supposed to work.

.
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9401
Location: Mexico City

PostPosted: Wed Nov 14, 2012 1:13 am    Post subject: Reply with quote

Quote:
For one, which set of paperwork someone would start. For long term such as university study the choice is obvious Residente Temporal Estudiante. But for shorter term study such as CELTA (more than 30 days) or for very short term study such as TEFL (usually a few weeks) might the initial application be Residente Temporal which must be completed within 30 days of arriving... or would the lack of an actual written job offer prevent this? What if one has a written offer of employment subject to successful completion of a TEFL (less than 30 day course) or CELTA?

I suspect the Resident Temporal Estudiante requires the course length to be declared, which means a student may be punted from the country earlier, suggesting a Visitante with it's 180 day limit might be a better way to go as one could complete the TEFL or CELTA, then enjoy being a tourist for a while, find a teaching job, leave the country and apply for Residente Temporal.

Normally those entertaining the idea of coming to Mexico to complete a TEFL program, don't have a whole lot of money to be leaving and returning. Anyone else think this will discourage new teachers-to-be or will it encourage more creative ways to be in the country legally?


One policy change enacted back in 2011 was the elimination of the need for a student visa for courses less than 6 months...Spanish courses, CELTA, TEFL etc all under 6 months could be done on the tourist visa. So this won't change at all.

The question I'm left with is if you can still apply for the independent work visa, as many here in DF do, not requiring sponsorship or an offer of employment. If an offer of employment is needed, then that creates a problem for the short teacher training courses as pretty much everyone lands the job during the course or shortly after completion.

You're right in thinking it will create a hurdle...I don't think very many will want to return home to process the visa then return later.

I will be interested to see how the top schools here handle this...I suspect some chaos at HR departments in many schools around the country next August.
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reddevil79



Joined: 19 Jul 2004
Posts: 201
Location: Up in them Mixteca Mountains

PostPosted: Wed Nov 14, 2012 2:07 am    Post subject: Reply with quote

Quote:
Checked a few of the Mexican embassies around the world to see if they had updated their information on the new rules. As usual, info posted is either years out of date or produces a 404 error.


Guy, looks like the Mexican Embassy in London has updated their page:

http://consulmex.sre.gob.mx/reinounido/index.php/visas/95

Having said that, the page was updated in May 2012, no maybe not Shocked
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Dragonlady



Joined: 10 May 2004
Posts: 717
Location: Chillinfernow, Canada

PostPosted: Wed Nov 14, 2012 4:49 am    Post subject: Reply with quote

Xie Lin wrote:
It's not really contradictory. You have to apply at the consulate in your home country, but the consulate does not issue the actual permit. They give you "an official notice" (elsewhere I read it's a passport stamp) which is good for 180 days. Once in Mexico you must go to the local INM office within 30 days to complete the processing and get the Residente Temporal permit. So, two stages, apparently.

At least this is my understanding of how it's supposed to work..

I wonder if the author should have used (small case) visitante in the sentence In Mexico, Visitantes must go to their local INM office within 30 days of entering Mexico to complete the process of getting your Residente Temporal permit.

Then all my confusion is over a typo...

DL
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Dragonlady



Joined: 10 May 2004
Posts: 717
Location: Chillinfernow, Canada

PostPosted: Wed Nov 14, 2012 5:30 am    Post subject: Reply with quote

Guy wrote...
Quote:
The question I'm left with is if you can still apply for the independent work visa, as many here in DF do, not requiring sponsorship or an offer of employment. If an offer of employment is needed, then that creates a problem for the short teacher training courses as pretty much everyone lands the job during the course or shortly after completion.
I suspect these individuals new to Mexico will have to qualify under the Points System. Earlier, I'd found a great article expanding on it, thought I'd bookmarked it but hadn't. Now I can't find it, my eyes are blurry from reading all day and my glass is empty - could also be the reason for blurry eyes Very Happy ...

Guy wrote...
Quote:
You're right in thinking it will create a hurdle...I don't think very many will want to return home to process the visa then return later.

I will be interested to see how the top schools here handle this...I suspect some chaos at HR departments in many schools around the country next August.
I'm going to hope for positive changes - more virtual interviews, more in-home-country job fairs, fewer less-than-qualified teachers floating around the country, employers stepping up to the plate and providing benefits required by law and fair wages...

DL
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Isla Guapa



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

PostPosted: Wed Nov 14, 2012 6:15 am    Post subject: Reply with quote

Quote:
Dragonlady wrote:
I suspect these individuals new to Mexico will have to qualify under the Points System. Earlier, I'd found a great article expanding on it, thought I'd bookmarked it but hadn't. Now I can't find it, my eyes are blurry from reading all day and my glass is empty - could also be the reason for blurry eyes Very Happy ...

DL


I spent most of the weekend reading up on all of this, and from what I remember, the details of the Points System have not yet been published. Has anyone has found something other than general categories that points would be awarded for (a distinguished career in academia, special talents and skills, gobs of money to invest in Mexico, and so)?
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