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Independent FM3
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sat Jan 28, 2006 12:09 am    Post subject: Independent FM3 Reply with quote

Has anyone out there applied for and obtained an independent FM3 under the title Persona de Negocios (Business Visitor) without school sponsorship?
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MO39



Joined: 28 Jan 2004
Posts: 1970
Location: El ombligo de la Rep�blica Mexicana

PostPosted: Sat Jan 28, 2006 1:26 am    Post subject: Reply with quote

I'd be interested in finding out about that too. During my recent stay in Mexico City, several schools that I contacted might have offered me work if I'd already had my FM-3.
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sat Jan 28, 2006 1:32 am    Post subject: Reply with quote

I should have added also - without being married to a Mexican, having children here, nor having someone respond for you.

I paid a visit today to investigate someone's attempt at getting such an FM3 and it seems easy to do by the checklist, but there has to be something missing. Hoping for someone's experience...

For people retiring in Mexico and showing income from abroad...this is something different. I mean, to be able to engage in lucrative activities.
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lozwich



Joined: 25 May 2003
Posts: 1536

PostPosted: Sat Jan 28, 2006 3:45 pm    Post subject: Reply with quote

Does being a business visitor limit the amount of time someone could work in Mexico? I think I read somewhere that you're limited to being there for a month at a time. I am trying to investigate how to come to Mexico as a business person, without having to limit the amount of time I am in the country. Any clues? And does it mean getting involved with Hacienda? Shocked
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sat Jan 28, 2006 4:20 pm    Post subject: Reply with quote

When you arrive on a plane, the visa form you get offers two options...tourist or business visitor. I'm not 100% sure, but I think this 30 days visa is for people who do sales or otherwise are only visiting for a short period. FM3 "Persona de Negocios" would be for longer stays, when you work representing a foreign company not represented in Mexico, a foreign company with branches in Mexico, a foreign 'inversionista' already in Mexico, or for a foreign government's company (not sure on that last one), as I read it here from the checklist migra gave me yesterday.

It would seem, Loz, that you can get a multiple entrance/exit FM3, on an independent 'persona de negocios' application to engage in lucrative activities in Mexico with a mere letter explaining your activities. This is article 12 of the checklist if anyone gets hold of it.

It can't be that simple...I don't know what's missing as the checklist isn't very clear on this part. I plan to go into migra again next week to see more about this.
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lozwich



Joined: 25 May 2003
Posts: 1536

PostPosted: Sat Jan 28, 2006 6:38 pm    Post subject: Reply with quote

This is phenomally interesting! I am going to try to wade through whatever I can find online, to see what I can figure out. I just hope there isn't some horrible "as long as you're not in competition with Mexican businesses" loophole.
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MO39



Joined: 28 Jan 2004
Posts: 1970
Location: El ombligo de la Rep�blica Mexicana

PostPosted: Sat Jan 28, 2006 9:06 pm    Post subject: Reply with quote

Guy Courchesne wrote:
When you arrive on a plane, the visa form you get offers two options...tourist or business visitor. I'm not 100% sure, but I think this 30 days visa is for people who do sales or otherwise are only visiting for a short period. FM3 "Persona de Negocios" would be for longer stays, when you work representing a foreign company not represented in Mexico, a foreign company with branches in Mexico, a foreign 'inversionista' already in Mexico, or for a foreign government's company (not sure on that last one), as I read it here from the checklist migra gave me yesterday.

It would seem, Loz, that you can get a multiple entrance/exit FM3, on an independent 'persona de negocios' application to engage in lucrative activities in Mexico with a mere letter explaining your activities. This is article 12 of the checklist if anyone gets hold of it.

It can't be that simple...I don't know what's missing as the checklist isn't very clear on this part. I plan to go into migra again next week to see more about this.


Wow, this gets more and more intriguing. I wonder if you can qualify as an independent "persona de negocios" if you're working for yourself and not for a foreign company. And if you can, as a teacher/translator (in my case), would you be able to purchase those "honorario" receipts that you need to get paid from those using your services?

MO
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sat Jan 28, 2006 9:24 pm    Post subject: Reply with quote

That is the critical question...

The vast majority of foreigners probably use the retiree visa, student visa, or be sponosred either by a Mexican employer or a foreign employer. I was discussing this with my wife to come up with a list of professions where a person would normally or likely be independent, and wish to do business in Mexico.

Translator/interpreter
Tutor
Foreign products distributor
Lawyer (perhaps)
Sports or entertainment agent
Headhunters
Consultants
Author/writer

In every case, you would have to be 'dado de alta' with hacienda (registered with the Mexican tax authorities) to issue honorarios, which is a common way to get paid. Well, there's cash of course, but the jobs above would most likely deal in honorarios IMO.
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MO39



Joined: 28 Jan 2004
Posts: 1970
Location: El ombligo de la Rep�blica Mexicana

PostPosted: Sat Jan 28, 2006 9:41 pm    Post subject: Reply with quote

Although they don't apply to me, possible professions to be added to your list could be "artist", "photographer" and "musician".
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M@tt



Joined: 16 Jan 2003
Posts: 473
Location: here and there

PostPosted: Sun Jan 29, 2006 2:44 am    Post subject: Reply with quote

bootblack, haberdasher, smithy...

(note lack of quotes, indicating that these are, in fact, real professions)
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some waygug-in



Joined: 07 Feb 2003
Posts: 339

PostPosted: Sun Jan 29, 2006 5:30 am    Post subject: Reply with quote

I know a couple of people who have done this. Although it has been 5 years since they did it, but they are still in Mexico.

When they applied for their FM3 they just applied as an independant teacher. I don't think it was any more difficult than a regular FM3. The only difference being that you have to hire an accountant to look after taxes. Depending on who you hire, that can be a costly endeavor.

That's about all I know about it.

Hope this helps.
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lozwich



Joined: 25 May 2003
Posts: 1536

PostPosted: Sun Jan 29, 2006 4:39 pm    Post subject: Reply with quote

What if you apply for an FM3 as an independent teacher and then go work for a company?

I used to do this in my home country, and would just invoice the college where I worked. They paid me more per hour than the teachers on salaries to cover all of the perks that I was missing out on. Is that possible in Mexico with the honorario system?

Also, what if you do say 15 hours of teaching a week, but then also have a job in say, a ruler factory, to help with income? Do you think that would work within the confines of the independent FM3??

I have a dream of recreating my old life in Oz, but with teaching English instead of what I used to teach, and combining that with my other work/hobbies to have the perfect life. Or am I dreaming?

Cheers,
Lozwich.
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lozwich



Joined: 25 May 2003
Posts: 1536

PostPosted: Sun Jan 29, 2006 4:58 pm    Post subject: Reply with quote

I just found this website.... http://www.inami.gob.mx/ Its a bit hard to get around, (what do you mean, Lozwich??? Mexican bureaucracy that is difficult to fathom and full of contradictions??? Laughing ) but maybe its a start.

Although, just now I'm thinking a visit to a Mexican Consulate might be a bit easier...
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sun Jan 29, 2006 5:06 pm    Post subject: Reply with quote

Quote:
What if you apply for an FM3 as an independent teacher and then go work for a company?

I used to do this in my home country, and would just invoice the college where I worked. They paid me more per hour than the teachers on salaries to cover all of the perks that I was missing out on. Is that possible in Mexico with the honorario system?


This is the way that Mexicans themselves do it, as a 'persona fisica' (as opposed to a non-physical person?) If you work as a consultant or for yourself, you provide recibos de honorarios as a kind of bill for your services. Taxes this way are a little bit of a pain, but it is common.

This is also common when foreign teachers work under the table. Someone else provides the recibo for your work. Prestanombres is what you call the person lending the recibo I think. MELEE mentioned something about that last year.

I would imagine that if you had an independent FM3, and were already billing students or schools for your services with honorarios, you would do the same for the ruler factory.

I doubt the Mexican consulate will be of any help in this sense. They seem to deal with only the most common requests and know little of grey areas.
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snorklequeen



Joined: 16 Jun 2005
Posts: 188
Location: Houston, Texas, USA

PostPosted: Mon Jan 30, 2006 6:13 am    Post subject: FM-3 [personal de negocios] Reply with quote

fascinating!

what proof do you need of your independent business? does it say? need to prove an annual income? need company formation documents? US tax returns?

despite the vast differences in the two legal systems, a US attorney could act as a consultant to a Mexican lawyer on the US legal system, or some aspect of it
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