So much to do...

With our home in Virginia now actively on the market, we must turn our eyes toward the necessary steps to get us ready to actually pack the van with a few tropical weight clothes, our two dogs and cat, and head out for Mérida. The immigration laws have changed since we began this journey and although we can't foresee any problems, we must make a few decisions about how we will proceed.

First, we will need to visit the nearest Mexican consulate and apply for the Temporary Resident Visa. Once in Mexico, we then will have 30 days in which to go to Immigration to get the 'permanent' Temporary Visa. If I read the new regulations correctly, it is possible to apply for the Permanent Resident Visa immediately if retired and possessing sufficient income. Under the old regulations you had to have the FM3 for 5 years before getting the FM2. I think the key here is retirement and home ownership in Mexico.

All of the new rules relating to pension income, investment income, and property ownership are still a bit murky at this point. Our property in Mérida is owned jointly and the fideicomiso reflects this.  The question is: How do we sort this all out, divvy it up, and leave the US with both of us carrying the appropriate visa?  Can we call the Mexican Consulate and get an answer or do we have to have it all sorted out before we visit them? And exactly what papers and how many copies do we need to bring with us? I've sent an e-mail (in Spanish) to the Mexican Consulate in Washington, D.C. We'll see what they have to say. I've heard that different consulates require different documentation, one even requiring a letter from the state police certifying that there is no prior arrest record. Neither of us should have any worry there. I also hear that current expats are experiencing long waits and multiple visits to renew their visas. It would be really nice if we could get everything done with just one visit to Washington. It's a 3.5 hour drive or 4 hour train ride from our home. I'm trying to approach this process with patience. The same patience we will certainly need once in Mexico and that we need now for the selling of our home

Immigration

The new immigration laws for Mexico have been instituted and are currently being reviewed by the appropriate government agencies for proper application. I've read the new rules, as have groups like Yucatán Expatriate Services (Y.E.S.) and it appears that everyone is waiting for the final interpretation before stating definitive actions to be taken by new and existing expatriates. Click on the link for their website and a thorough discussion of the new regulations can be viewed. In a nutshell, this is the bottom line:

The Migratory status of "Non-Immigrant" (previously known as FM3), "Immigrant" (previously known as FM2) and "Immigrated" (Inmigrado) shall cease to exist and shall be replaced by visas that pertain to the 'conditions of stay.' The new designations will be Visitor (Visitante), Temporary Resident (Residente Temporal) and Permanent Resident (Residente Permanente).

I tend to like the new designations. With the previous FM3 visa, someone with property in Mexico and who resides in the country, up to a period of five years, was considered a "non-immigrant." If so desired, after that period of time, one could apply for the FM2 visa and become an "immigrant." Those terms have been replaced with "temporary" or "permanent" resident. And, if I have read correctly, the length of time required for becoming a permanent resident has been reduced to four years.

Also, a significant change, if I understand correctly, is that the various visas are to be obtained in the United States prior to arriving in Mexico and will be valid for up to 180 days. Once you cross the border you have 30 days in which to make a visit to INM for the permanent visa card. I wonder if this will, in any way, facilitate the border crossing process?

I'm still somewhat confused about the financial qualifications needed for temporary or permanent residency. It does appear that the required minimum monthly income has increased substantially. That could be a deterrent for future Americans or Canadians looking to be expats. How will non-married partners be treated, if living in the same household? I've read that Mexico acknowledges same-sex marriages that are valid in the country of origin. Do we need to plan a wedding in Maryland, or D.C.?

      Update:  I just read that Yucatán implemented the new law on Friday, November 9.

We're going to have 'green cards'

This past May, Mexican President Felipe Calderon signed a new Migration Law ( Ley de Migracíon) affecting all foreigners in Mexico. The new law is "designed to favor the human rights of migrants regardless of their nationality." "The law favors migration to the country in a more orderly and safe manner, and procedures are simplified for the stay of foreigners in Mexico," President Calderon said, adding, "The Mexican government is doing what we have long urged of the United States."

Supposedly, the new law will completely decriminalize migration into the country and measures have been established to oversee the conduct of all immigration authorities. Primarily, the law calls for new rules for the issuing of visas or permits to foreigners or expats who are in Mexico either temporarily or permanently.

Here are a few of the new rules/regulations that I have been able to glean from various internet sites:

The visitor visa, which is the one all tourists entering Mexico complete during the flight, restricts visitation to 180 days. After this period of time the visitor must leave the country but will be able to return. This does not seem any different from the previous rule.


Those expats who already have FM2 or FM3 visas will retain their status and will be able to obtain the yearly extensions. Those holding FM3's (temporary resident) will have the initial application plus three annual renewals. Renewals must be processed 30 days prior to expiration. If abroad, 60 days will be allowed without penalty.

One significant change involves the designation of the visas. They will now be called "green cards," or Tarjeta de Residencia. Those people holding the current FM3 will switch to the new card on the next renewal. One site states that "the new system will not contain information about the person's reason for being in the country," so you might have to provide additional paperwork to immigration officials.

There are now four categories for staying in the country: Visitor, Temporary Resident (the old FM3), Temporary Resident Student, and Permanent Resident (the old FM2).

More detailed information can be found on the Instituto Nacional de Migración web site.