2010-06-04

墨西哥:2010年新规定


Tourist, FM-3 and FM-2 permit changes from 2010

In May 2010 an update to the Mexican immigration procedures came in to effect. The FM-T tourist permit was replaced with an FMM permit, and you can no longer get an FM-3 outside Mexico. There are also changes to the rules for FM-2 and FM-3 residence visas (permits), possibly including a change to the FM-3 income proof in some cases.
New Procedures Manual

The new immigration procedures manual was published in Diario Oficial de la Federación 2010-Jan-29 (in Spanish). The main change was to combine an assortment of temporary visas and permits (such as "FM-T tourist visas" - which were really "entry permits") into one general purpose permit, the FMM (Forma Migratoria Múltiple), and to require that permit is returned on exit.
Application of the manual

What follows is what the new procedures manual appears to state (and it likely contains errors where I've mis-read it). Each immigration office can, and does, set local requirements. So this is what could happen, or might happen, if every office followed the letter of the rules. When it doubt, what the local office says IS the law, although none of them should impose extra charges.
FMM Entry/Exit form

FMM permit - entry half is blue, exit half is green The new FMM form replaces the FM-T visa, and is now used for tracking ALL entries and exits.

Here's a larger version of the FMM form (scanned by RiverGirl, thank you). This helps you read the small print, which is very, very small (and poorly translated - no proof reading at all).

It is required to be filled in by all those entering and exiting Mexico (except Mexican citizens), INCLUDING holders of FM-3 and FM-2 visas and the replacement cards. So, it's like the I-94 entry permit that is put into the passport of non-citizens when they enter the US: if you lose it before leaving, expect trouble later.

Mexican citizens have a different form they are required to complete (FTM).

The FMM permit is in two parts, one half is retained by immigration when you enter, and you keep the other (the smaller green bit).

The rules state that you MUST return your half of the FMM form when you leave the country. One half is to record your entry, one half is to record your exit. Nothing is mentioned about multiple entries. It remains to be seen how this is enforced in practice at busy land borders, but the rules (section H 2.2) do state that it must be returned on exit.

The costs of the FMM are not yet clear, early reports say US$22. I'm not aware of any fee being charged for FM3/FM2 holders, that fee is just for tourists. The FMM hasn't been in use long enough yet to see how it's going to work (or not) on land borders for multiple entry.

Here is a 5 minute flash video that is shown on planes arriving in Mexico. Good luck if you're expected to follow all that on a single viewing! To be fair, entering the US (for non citizens) has been worse than this for many years, the Mexicans just seem to be deciding that the US is a good role model (and not wondering why tourism to the US has been in decline most years).

Initial reports from airports like Cancun say it is now taking three times as long to process each arrival.

FM-3 and FM-2 permit

Forma Migratoria de NO Inmigrante The FM-3 (temporary resident) and FM-2 (provisional resident) visas (actually permits) will get a new look, with cards replacing the booklets.

The image alongside is of the Forma Migratoria de no Inmigrante that replaces the FM-3 booklet. The card is in gray, and contains text in both Spanish and English, including in English on the back "the holder of this document is a temporary resident of Mexico".

The white box will contain a photo. There are two signatures on the back, one for the issuer and one for the holder.

On the front, there is an NUE (immigration) number, and space for a CURP number.

The Forma Migratoria de Inmigrante that replaces the FM-2 is similar, but is in salmon pink and the word "no" is missing.

There is a similar card for permanent residents (inmigrado), in blue.

FM-3 and FM-2 visas will no longer be available from consulates outside Mexico. Instead, if you apply there, you will get a sticker in your passport. With that, you apply for an FMM when you enter Mexico, then have 30 days to "exchange" it for an FM-3 or FM-2 in your town of residence. So for most it generally still makes more sense to not bother with consulates and apply once you arrive.
FM-3 income amounts maybe changing

To get an FM-3 (now a forma migratoria de no inmigrante), the rules (still) state you must show an income from sources outside Mexico of 250 times the daily minimum wage in Mexico city, which for 2010 is 57.46 pesos. So that's a monthly income of 14,265 pesos (around $1100). Add half as much again for each dependent.

Previously, you only needed half this amount if you owned (or rented) property in Mexico. From May 2010, this may change. The law new immigration manual rules state there is now NO REDUCTION in the income requirements for an FM-3 if you own a house. In other words, a single person who owns a property must now show an income of around $1100 a month, up from $550. A significant change for those on a low pension, if it is enforced. (This was updated thanks to a comment from Ric Hoffman (below), it appears the law has not changed, but the rules that immigration are supposed to follow now miss out the discount for FM-3, possibly an error?).

For an FM-2, the 50% reduction does still apply. For an FM-2 you need 400 times the minimum wage (21,984 pesos a month, $1750). So for a single person on a low income owning a property switching to an FM-2 (where permitted) would make it easier to meet the income requirement, as it's only $875/mo (the FM-2 itself does cost a little more, but can also lead to immigration which then saves the fees and income test each year).

Again these are just the federal rules and are very likely to be applied differently in each place (they're certainly different in San Felipe). So I would expect a lot of flexibility on how they are enforced, it's unlikely that an existing FM-3 holder would be chucked out if they no longer met the new test (especially if the rules don't match the law).
FM-2 residence rules changing

With an FM-2 (now a forma migratoria de inmigrante), you are expected to be basically a full-time resident in Mexico, and a tax resident, and plan to immigrate. Therefore there are limits on how long you can be out the country.

From May 2010, it is now 2 years absence (up from 18 months) in total in any five years, no more than 3 consecutive years absence, and no more than 5 years in any ten years (section F 2.22). Interestingly the time spent outside Mexico working for a subsidiary of a Mexican company is not considered an absence, so in theory if you're overseeing a new business in Mexico part-time you could work for an US LLC owned by your Mexican corporation while outside the country, and still get the time counted as being in Mexico.

As mentioned above, there is still a 50% reduction in the income requirements for FM-2 holders (unlike FM-3), but it appears to only be for owned property, not rentals. Again this is something that will vary in each immigration office.
Changes in application procedure

Even if you already have an FM-3 or FM-2, you are now required to appear at an immigration office in person to sign your card and apply a thumb-print (at least for the first time, it's not clear if this applies for extensions with the card). You will also need a new set of photos in a new format (it's not yet possible to have the photos taken at the INM office).

In theory you will then collect the card in under three business days, although I expect it will be a while before that target is met as some offices are still waiting for the equipment to issue cards. (it's also possible you can do it in a single trip by entering the details online, see below).

The application form FM1 Formato de Filiación has been replaced with a Formato Básico FB. It seems to still be only in Spanish.
Renewals online

There is a new web-based computer system in place to accept renewal requests and changes of status online (SETRAM). The idea is you can enter the details via the web (initially only in Spanish), check the application status online, and then go pick up documents a few weeks later.

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