Job Discussion Forums

[Oreen Scott]

Samantha gave very good advice when she wrote to pay a visit to the immigration office because each case is different. Pay them a visit. Posters are simply writing about their experience.

I have enough money that I don't need to work, and yet I'm fully qualified to work, and wanted the fliexabiliy to work or not work. I have an FM-3 Independent but have decided to spend my time this year volunteering with street kids, learning Spanish and travelling. In the spring I'll start visiting language schools hoping to be hired for September.

I have an FM-3 Independent and an accountant files a monthly report stating I didn't make any money that month. When/if I start working I need to let immigration know where I'm working.

Because I wanted to maintain my FM-3 independent, which I received last year when I worked full-time for one school, I submitted bank statements from the internet that were translated into Spanish. I did this because I thought logically someone would wonder how I would support myselt if I chose to volunteer my time.

But, that's my story.

[Tretyakovskii]

LWH wrote, about the "forma independiente" status:

[Phil_K]

I think everyone is correct in his/her own way. Samantha touched on the most important point, which should be the stock answer to all FM2/3 questions on this forum.

- Go to immigration and clearly explain your situation. If your Spanish isn't up to it, take a native Spanish speaker with you, but explain the situation to that person before going.

- Every time your situation changes, do the same.

- Do this, because, as I've found to my cost, the information on the INM website isn't always accurate and/or complete.

[Samantha]

T, The point we, who have been around a century or so, are trying to make is that your local Immigration office IS "the law" for you. It doesn't matter what LWH's INAM office tells him, or what mine tells me. There is no "one-size-fits-all" LAW that will be uniformly applied, anywhere, in any department. This you will learn after spending more time in Mexico.

Advising you to visit your Immigration office for clarity on THEIR rules, as they enforce them, is certainly not a "cop out". We are trying to save you some grief. The University where you work is not going to take the fall for you, if you get yourself in trouble over your status. I'm sorry if this is not what you want to hear, but we are just trying to help.

[Tretyakovskii]

Thanks, everybody, I suppose I'm starting to look dense.

Earlier, I tried to make it clear that I agreed with you, and that I was interested in getting more of the law relating to this subject-

[Samantha]

T wrote:

[Tretyakovskii]

Hi, S., you make it sound as if you think exploring "Mexican Law" is a waste of time! I can understand that attitude, but the two poles of meaning that the term "forma independiente" may have (and the two possible meanings that I suggested may not be all of the possibilities), have very different consequences, in practice, making it potentially useful to understand, better. The actual, legal significance may go well beyond merely being able to have private students, and I'd like to get to the bottom of it, if possible.

As for the suggestion of speaking with an Immigration Attorney, I do that, from time to time, when it appears useful (three times, so far, in my short career, here). But, I wanted to give the forum a chance to fill in the gaps to the extent possible.

[Samantha]

I'm curious. Are you writing some sort of a book about Mexico?

[TheLongWayHome]

[Tretyakovskii]

[Tretyakovskii]

Although Prof.Gringo has asserted his belief that permission to teach, "forma/manera independiente," is limited to self-employment, and special permission must be sought should the holder of this status wish to accept employment of any kind, I think there is a chance he is incorrect in this (I remain open to any evidence he, or others, would like to offer in support of his position: as much as I like to be right, I also appreciate being shown when I'm wrong).

Although, as several have pointed out, application of immigration law by the various offices of INM can vary, the legal meanings of these terms, and the status and rights they convey cannot. Whatever the term means in the law of Mexico will be the same, whether in D.F., Sinaloa, or Quintana Roo.

Yesterday I asked, in writing, for the opinion of the legal staff in INM, Cancun, as to the meaning of the permission I'd been given. The head of the legal department offered this opinion, conveyed to me through his assistant, "The grant of authority to work in Mexico as a teacher of English you have been given is the broadest we can give; it is the practical equivalent of a Mexican Citizen's right to work; you may accept any job [as an English teacher], and perform any personal service contract [as an English teacher], without any further permission required from this office."

This is not the final word on the subject, it is just a few comments and observations from me, plus the stated opinion of the head of the legal staff at one INM office.

Coming closest to restating this position, and pointing out the practical benefit of this status, is this comment from LWH, on this thread-

[geaaronson]

I held a FM3 independente for 3.3 years until I accepted my full time position at a state university. The university insisted that I convert my independent status.
I don`t know for what reason they did this. I don`t know whether full time employment at a public university would have been in violation of my independente status as established by immigration or whether school officials themselves felt more comfortable knowing that I was �locked into�employment with them.
Nevertheless, I relented and traded in my status.