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FM3 questions
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Mekyn



Joined: 16 Jan 2009
Posts: 30
Location: Cuernavaca

PostPosted: Mon Dec 14, 2009 3:01 pm    Post subject: FM3 questions Reply with quote

Do I need apostilled bank statements to apply for my fm3? I was told this by someone living here. Also do I need to wait until I get a job to apply for my fm3 or can apply for an independent before I have a job. I would like to work independently and maybe at a language school part-time. I appreciate any help.
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geaaronson



Joined: 19 Apr 2005
Posts: 948
Location: Mexico City

PostPosted: Mon Dec 14, 2009 3:05 pm    Post subject: furthermore Reply with quote

I got my initial FM3 independente in Merida and no, I did not need apostilled bank statements.
I did however need to get a letter from at least one potential employer attesting to the fact that they intended to hire me as an English teacher and give it to immigration.
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amaranto



Joined: 02 Jun 2009
Posts: 133
Location: M�xico, D.F.

PostPosted: Mon Dec 14, 2009 5:04 pm    Post subject: Reply with quote

I got my FM3 in D.F., and they didn't require bank statements. I believe bank statements are only required for foreigners who intend to reside in Mexico without providing some kind of paid service, like an expat on a pension.

According to my lawyer, having an independent FM3 would exclude you from being contracted under other forms of employment (in your case, a job at a language school). From what I've gathered, getting an FM3 using an employer sponsor seems to be the easiest route. Later on you can get immigration to broaden your activities description on the FM3 itself, which is called an
ampliaci�n de actividades. I'm getting this done come February.

This Immigration link should be helpful: http://www.inm.gob.mx/EN/index.php?page/If_you_intend_to_engage
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Prof.Gringo



Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!

PostPosted: Mon Dec 14, 2009 5:44 pm    Post subject: Reply with quote

amaranto wrote:
I got my FM3 in D.F., and they didn't require bank statements. I believe bank statements are only required for foreigners who intend to reside in Mexico without providing some kind of paid service, like an expat on a pension.

According to my lawyer, having an independent FM3 would exclude you from being contracted under other forms of employment (in your case, a job at a language school). From what I've gathered, getting an FM3 using an employer sponsor seems to be the easiest route. Later on you can get immigration to broaden your activities description on the FM3 itself, which is called an
ampliaci�n de actividades. I'm getting this done come February.

This Immigration link should be helpful: http://www.inm.gob.mx/EN/index.php?page/If_you_intend_to_engage


Yes, that's correct. Many people on this forum incorrectly assume that a FM-3 that allows you to teach English as an independent teacher also allows you to work for a school or business and be on the payroll. That's simply not so. Doing so is of course illegal and a violation of the terms of such a FM-3. If you want to work for a school you must have specific authorization to do so.
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notamiss



Joined: 20 Jun 2007
Posts: 908
Location: El 5o pino del la CDMX

PostPosted: Mon Dec 14, 2009 6:09 pm    Post subject: Reply with quote

Prof.Gringo wrote:
Many people on this forum incorrectly assume that a FM-3 that allows you to teach English as an independent teacher also allows you to work for a school or business and be on the payroll. That's simply not so. Doing so is of course illegal and a violation of the terms of such a FM-3. If you want to work for a school you must have specific authorization to do so.


Agree that you couldn't be on the school�s payroll, but wouldn't it be all right to work for a language school if they engage you as a freelancer, not an employee, and they are considered a client of yours and you issue them recibos de honorarios? I mean if you wanted to go that route (no bennies).
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Phil_K



Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own

PostPosted: Mon Dec 14, 2009 6:18 pm    Post subject: Reply with quote

notamiss wrote:
Prof.Gringo wrote:
Many people on this forum incorrectly assume that a FM-3 that allows you to teach English as an independent teacher also allows you to work for a school or business and be on the payroll. That's simply not so. Doing so is of course illegal and a violation of the terms of such a FM-3. If you want to work for a school you must have specific authorization to do so.


Agree that you couldn't be on the school�s payroll, but wouldn't it be all right to work for a language school if they engage you as a freelancer, not an employee, and they are considered a client of yours and you issue them recibos de honorarios? I mean if you wanted to go that route (no bennies).


That's what I did! (and still do) and I think it's OK.
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Mekyn



Joined: 16 Jan 2009
Posts: 30
Location: Cuernavaca

PostPosted: Mon Dec 14, 2009 8:10 pm    Post subject: Reply with quote

That's fine...i don't need benefits...just income. Do many language schools in Mexico hire teachers as "freelancers?"
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Phil_K



Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own

PostPosted: Mon Dec 14, 2009 8:20 pm    Post subject: Reply with quote

Most of them. They don't actually put it that way, but as you are providing receipts for your pay and receive no benefits, that's what you are.
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TheLongWayHome



Joined: 07 Jun 2006
Posts: 1016
Location: San Luis Piojosi

PostPosted: Mon Dec 14, 2009 10:54 pm    Post subject: Reply with quote

Mekyn wrote:
That's fine...i don't need benefits...just income. Do many language schools in Mexico hire teachers as "freelancers?"

Yes, you are freelance but only in theory.

It's kind of like being freelance with none of the benefits. You're not your own boss, you don't decide when you work or how much you charge for your services. You have to find someone to cover you if you're absent (why would a 'freelancer' do this??) or if you want to take a vacation. Someone else pays your taxes for you - and just try to get them back. Never goes down too well.
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gregd75



Joined: 14 Mar 2007
Posts: 360
Location: Tlaquepaque, Jalisco

PostPosted: Tue Dec 15, 2009 5:14 am    Post subject: Reply with quote

Yet another helpful, positive posting by The Long Way Home (name says it all)
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Samantha



Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera

PostPosted: Tue Dec 15, 2009 6:12 am    Post subject: Reply with quote

Mekyn, how much time do you have left on your FMT? This is not the best time to be searching for work but if you have some time to wait it out on your tourist visa, jobs generally surface in January (the new semester). Visit all the schools again in January. Make sure the school that offers you a job (probably part-time at first) is okay with you working somewhere else.

Don't listen to Immigration advice from retired expats; rather go straight to the Immigration office and ask what their requirements are for your situation. Expats are only familiar with their FM3 Rentista, and that is not something that applies to you. FM3 Rentista applies to those with income or investments from outside Mexico and that is where the 3 most recent bank statements come into play. You are not allowed to work in mexico on this type of FM3. One more note. Not all Immigration office requires apostilled bank statements. Where I live, they will accept internet copies of bank statements. So the point is, that it really depends where you live, as to what the rules will be, and which is why you should ask them directly. Good luck with getting work. Keep us posted.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Thu Dec 17, 2009 11:37 pm    Post subject: Reply with quote

There appears to be a split of opinion among the posters as to whether, when taking a new "job," you must get immigration's specific approval even if you've been granted permission to teach independently. Some say you must have specific permission to take a job: partially agreeing, others say that, so long as you're not carried as an employee on the books you don't need specific permission to take a new job. But I wonder if the "forma independiente" concept doesn't go farther, eliminating the need for specific permission, altogether.

The question is an interesting one. Does "forma independiente" mean you are free to accept any offer of employment, or offer of a contract to teach? Or, does it mean you may only work independently, without any intermediary between you and the student(s), unless given permission to take a particular job, or perform a particular contract?

If permission to teach independently is a broader grant of authority than permission to take a specific job, it may include the possibility of taking a job teaching English without asking for additional permission. On the other hand, if it is considered a more narrow grant of permission to work- which doesn't involve the risk of displacing a Mexican citizen from a job, in that you must rely on your own skill in recruiting all your students- then perhaps you cannot take a "job," or perform a contract, without additional permission.
___________________

My state university appears to consider it a broad grant of right to work in Mexico, albeit within a narrow sphere- that of teaching English, in my case. My FM3, which grants permission to pursue lucrative activities, reads, "para preste sus servicios como maestro de ingles en forma independiente," so it's clearly limited to teaching English.

The university appears to be satisfied that all the requisites to hire me to teach English have been met, and they have no plan to ask for additional permission: I consider a state university to be right up there with those institutions that will "play it by the book". This is, admittedly, not the same thing as knowing for sure, but it may be good enough for me, in this case. I had assumed, from the beginning, that "forma independiente" is a broad grant of a right to work. I'm reserving judgment, until I hear more from other posters.
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Samantha



Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera

PostPosted: Fri Dec 18, 2009 12:41 am    Post subject: Reply with quote

The Cancun Immigration people who issued your document have the final word on that. The INAM offices each have their own individual way of applying the rules, so unless another teacher lives in your area, the answer could be quite different. Our Immigration office in Mazatlan is quite relaxed on certain issues. (The one in Queretaro or Guadalajara or even Cancun...not so much.)
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Fri Dec 18, 2009 2:19 am    Post subject: Reply with quote

While it is certainly true that immigration has the last word on it, it's also a cop out to say so.

Some of the other posters ventured an opinion, though they didn't offer any support for their opinion, such as an argument, or a cite to a Mexican statute.

An example is this unequivocal statement, which is offered without anything more:

Quote:
Many people on this forum incorrectly assume that a FM-3 that allows you to teach English as an independent teacher also allows you to work for a school or business and be on the payroll. That's simply not so. Doing so is of course illegal and a violation of the terms of such a FM-3. If you want to work for a school you must have specific authorization to do so.

This may be perfectly true, but I'd like to see something more by way of support for the position taken, if possible.
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TheLongWayHome



Joined: 07 Jun 2006
Posts: 1016
Location: San Luis Piojosi

PostPosted: Fri Dec 18, 2009 3:49 am    Post subject: Reply with quote

Samantha wrote:
The Cancun Immigration people who issued your document have the final word on that. The INAM offices each have their own individual way of applying the rules, so unless another teacher lives in your area, the answer could be quite different.

This is very true.

This is how it works in SLP: I have an FM2 (de manera independiente) which allows me to work in any number of places or teach privately without having to go to immigration every 5 minutes.

I originally wanted it in order to work freelance with the benefits of being my own boss, declaring taxes etc. When you have independent status, what immigration want to see (when you renew your visa) is that tax is being paid, either by you or the school(s) you work for.

The last renewal they just wanted to see my paystubs from the two unis I work for, and this was fine. Had I gone completely freelance I would have to file my own taxes every month and show them that.

If you do this be careful with language schools as some don't give you paystubs or they give you something to sign which is not really a paystub. This is not a jibe at language schools. Immigration will ask what the hell it is and you (or they) could be in trouble.

The advantage of this is that you can work in as many places as you want without having to pay thousands of pesos each time and also an employer can hire you much more easily as there's no tramite at immigration. The last uni that hired me didn't believe this was true but I had them call immigration and they cleared everything up.

I hope this helps though it may not be the same where you are.
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