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El FM3 Indpendiente no existe
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jessn



Joined: 30 Sep 2006
Posts: 20
Location: Vermont, USA

PostPosted: Tue Oct 09, 2007 8:55 pm    Post subject: El FM3 Indpendiente no existe Reply with quote

At least, that�s what the officer in the Montr�al consulate told me on the phone today. Not only that, she was quite clear that, even if I got an FM3 through a school, it was always illegal to teach privately, because that visa would only be valid only for that school. Laughing I mentioned politely what people on the forum have been saying about facturas and taxes and all, but she wouldn�t budge.
Everyone has been helpful about what I need to get this elusive piece of paper, and I have pulled together evidence of my Canadian birth, my MATESL, and my little pension and had it all notarized and authenticated according to the disparate regulations of Canada and the USA. Now I am hoping for your collective wisdom on what to do next.
I am looking for an ESL job for the second semester, which won�t be easy because openings for just a half a year are scarce. I teach Spanish annually in the fall semester for a local university, and I�d ideally like to balance that out with something regular for winter � sort of a working snowbird. So I figure the Independiente is the way to go, so that when I do the rounds in January I have the visa in hand, and can compete effectively.
So, I�d appreciate any and all advice on how to get this visa without stepping on any toes: Should I write this same lady a letter and ask her to please check again? Call up a different consular officer as if this conversation hadn�t happened? Or should I write the consul himself? Or switch to the Boston consulate or Ottawa embassy? Or just give up, and try my luck in Mexico in January? Thanks for any and all input.
Jessica
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TheLongWayHome



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

PostPosted: Tue Oct 09, 2007 9:31 pm    Post subject: Reply with quote

Sounds like getting an FM3 here with any old school will be much less hassle. You don't even need to work there full time to get one, leaving you free to teach privates - just don't tell hacienda.
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MELEE



Joined: 22 Jan 2003
Posts: 2583
Location: The Mexican Hinterland

PostPosted: Tue Oct 09, 2007 9:39 pm    Post subject: Reply with quote

To the best of my knowledge, the vast majority of FM3s are issued in Mexico, not abroad. Most people come into Mexico then change their visa status once here. I'm under the impression that most of the consulates don't issue a lot of FM3s so maybe she just doesn't know. There are some people here with one, I'm sure they will post. I suggest you come to Mexico and apply for a change of status here.
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scottmx81



Joined: 26 Oct 2006
Posts: 64
Location: Morelia, Mexico.

PostPosted: Tue Oct 09, 2007 10:11 pm    Post subject: Reply with quote

It is my understanding that FM3s with permission to work must be processed in Mexico, not at a consulate.

It isn't really an "FM3 Independiente", it is really a "Visitante de Negocios o Inversionista" FM3. (See: http://www.inami.gob.mx/paginas%5C211000.htm).

If you have an FM3 of this type, you may be said to have "actividades lucrativas e independientes" if it is your own business. They don't type that phrase into your FM3 per se, but I have seen the phrase on official INAMI documents regarding the FM3 that was issued to me of this type.

Your FM3 will actually list what you are allowed to do, for example to be the manager and shareholder of a particular company. If you are actually the owner of that company, then it could be said that you have "lucrative and independent activities".

If you were to go to Mexico and establish "Jessn's School of English S.A. de C.V.", then your FM3 would say you have permission to "be a shareholder and manager/president of Jessn's School of English S.A. de C.V.". But generally speaking, it could be said that you are operating independently, because really, that's what you are doing if you are the owner and president of the company.

I'm not sure whether there are actually people being issued these so called "independiente" FM3s without establishing their own Mexican business entitity. But would tend to think that most people with the fabled "FM3 Independiente" are actually operating through some sort of formal business entitity and contracting out their services through it, formally.

I don't think people can just show up in Mexico and say "hey, I'm a really good (English teacher|Electrician|Plumber|...)" and get an "FM3 Independiente" that allows them to go around doing whatever they want.

I hope this clarifies it for you a bit.
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Guy Courchesne



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

PostPosted: Tue Oct 09, 2007 10:22 pm    Post subject: Reply with quote

Quote:
Or just give up, and try my luck in Mexico in January?


The embassies and consulates abroad are always much stricter than migra here.
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leslie



Joined: 08 Feb 2003
Posts: 235

PostPosted: Tue Oct 09, 2007 11:07 pm    Post subject: Reply with quote

Bye

Last edited by leslie on Tue Feb 16, 2010 9:37 pm; edited 1 time in total
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Samantha



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

PostPosted: Wed Oct 10, 2007 1:41 am    Post subject: Reply with quote

Melee wrote:
Quote:
I'm under the impression that most of the consulates don't issue a lot of FM3s so maybe she just doesn't know.


Actually, the foreign consulates issue loads of FM3's (and lots of Menaje de Casa's) mainly for retirees but not necessarily. They each have their own set of rules and are steadfast in enforcing them. Work permits are mostly obtained in Mexico except in the instance of a foreign company stationing someone in Mexico. My brother-in-law is from Wales but his company in the USA attends to all the details of his FM3 permission to work in Mexico. Trying to find out about an Independent work visa from a northern consulate would be an effort in futility and a waste of your time.
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MO39



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

PostPosted: Wed Oct 10, 2007 3:14 am    Post subject: Reply with quote

scottmx81 wrote:


It isn't really an "FM3 Independiente", it is really a "Visitante de Negocios o Inversionista" FM3. (See: http://www.inami.gob.mx/paginas%5C211000.htm).

I don't think people can just show up in Mexico and say "hey, I'm a really good (English teacher|Electrician|Plumber|...)" and get an "FM3 Independiente" that allows them to go around doing whatever they want.


This thread is a timely one for me as I am going tomorrow to Migraci�n in Mexico City to inquire about getting an "FM3 Independiente", whether or not that is what it's really called. I checked that link you gave for the INAMI website and found a category under "No inmigrante" applicants that may apply to me - "Visitante Profesional", which allows you to undertake professional activities ("desempe�ar actividades profesionales"). I am hoping to support myself with a combination of my small Social Security pension from the States and some private English classes, which I am now in the process of looking for. I wonder if I'll be able to qualify for the Visitante Profesional status if I'm not working for an already established school here.
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GueroPaz



Joined: 07 Sep 2007
Posts: 216
Location: Thailand or Mexico

PostPosted: Wed Oct 10, 2007 1:52 pm    Post subject: Reply with quote

I'm a bit like MO39, perhaps. I'm hoping to come to Mexico next year and teach independently, without getting a regular contract with a school. From what I had asked here recently, it sounded doable, and I thought it could be done without a company (S.A. de c.v. or whatever). I surely need to know, but from what's already been said, I'll assume the consulates in Texas won't know.

Also, I thought there was a less complicated way of doing it than by the inversionista method.

Without going into detail, it would be best to do this legally, even if I have to pay income tax and do more paperwork.
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Phil_K



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

PostPosted: Wed Oct 10, 2007 3:46 pm    Post subject: Reply with quote

Quote:
Not only that, she was quite clear that, even if I got an FM3 through a school, it was always illegal to teach privately, because that visa would only be valid only for that school.


The text I "bolded" is definitely wrong. If you have an FM3 with a school you are legal (as long as you are actually working for that school, and although they don't check often, I woudn't risk it!). To give classes independently, you can apply for an ammendment to the FM3, which in your case would be "Ampliaci�n de Actividades con Diferente Empleador" (yourself, which requires a letter outlining those activities). However, to do this legally, you will have to register with Hacienda, as a condition of the permission is that you return in 60 days to show immigration the "constancia de registro en Hacienda".

Oh, and that is another charge! I recently paid $1850 (MX).

If all your classes are private and your students don't require invoices and pay cash, then there should be no problem doing it the other way, as it's so difficult to prove.

BTW, deportation is very unlikely in these cases - just an enormous fine.
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Phil_K



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

PostPosted: Wed Oct 10, 2007 3:52 pm    Post subject: Reply with quote

Forgot to mention, there is no need for change of Migratory Characteristic under the aforementioned method. With an FM3, your would be "Non-inmigrante t�cnico"
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leslie



Joined: 08 Feb 2003
Posts: 235

PostPosted: Wed Oct 10, 2007 4:06 pm    Post subject: Reply with quote

Bye

Last edited by leslie on Tue Feb 16, 2010 9:36 pm; edited 1 time in total
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MO39



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

PostPosted: Wed Oct 10, 2007 4:06 pm    Post subject: Reply with quote

[quote="Phil_K"]
Quote:


If all your classes are private and your students don't require invoices and pay cash, then there should be no problem doing it the other way, as it's so difficult to prove.


Phil_K, Regarding the words I've underlined, what is "the other way" you refer to?
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MO39



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

PostPosted: Wed Oct 10, 2007 4:10 pm    Post subject: Re: yup Reply with quote

leslie wrote:
I think Phil K is right.

Also, MO39, may I suggest that when you go to migration, ask for what you want to do and explain your situation so that they can decide on the right visa.

For example: I want to teach clases particulares in my house, and I have X amount of monthly income from my pension/investments.

If you ask for an independent fm3 or something else, they might say "that doesn't exist"... but maybe you just got the name or wording wrong. It doesn't matter what the title is if it allows you to do what you want to do.


Leslie, your ideas make a lot of sense. That's what I'll do when I finally manage to get to Migraci�n in the morning, since here it's only open to 12:30 or so.
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Phil_K



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

PostPosted: Wed Oct 10, 2007 4:11 pm    Post subject: Reply with quote

Ahem (clears throat).... like 50% of the Mexican working population does - i.e. illegally
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