New Immigration Law Published for Mexico � The Article

							http://adip.info/2011/07/new-changes-to-mexican-immigration-law/


New Changes to Mexican Immigration Law
by Solomon Freimuth on July 13, 2011 2 Comments
On May 25th, 2011, Mexico published its new migratory law (Ley de Migración) in response to glaring
human rights violations, but as well as the human rights protections, the new law also includes some
changes that affect expat foreigners.
The current system of FMM’s (tourist cards), FM3’s, FM2’s and Inmigrados is going to go away, at least
in name. The old system that was regulated by the “General Law of Population” contained a total of 34
migratory modules, but the new system, according to the law, will include nine types of immigration
“conditions”. In the author’s opinion, these nine can be consolidated in three general types of
immigration permits: Visitor, Temporary Resident and Permanent Resident, some of which will include
subtypes.
It is important to understand that, even though the law, technically, went into effect the day after it was
published, its original publication was with the caveat that the dispositions pertaining to migratory
documents, among others, would not enter into effect until the Mexican Congress approves and publishes
the Regulations of the law, which it must do within no more than 180 days from the law’s date of
publication. This means that the FM (M/3/2) system remains valid until the supplemental law is
published. There is rumor that this publication will happen soon: some government officials are even
calling for an extraordinary session of Congress to approve the Reglamento.
Below is the first part of article 52 of the “Law of Migration”, the section of the law that pertains to
migratory documents: this section deals with the classification VISITOR, which according to the sixth
transitory article of the law will be equivalent to the tourist card and some FM3’s.
It is important that the reader understand that while this translation was carried out by a native English
speaker, fluent in Spanish, in the manner truest to its original text, the nature of translation and the genre
of language used in legal documents make it necessary to take certain liberties and change the order of the
words so that they make sense and are aesthetically pleasing in English. This document is for
informational purposes and it, or any other translated document, should not be used as legal proof or
justification before any authority.
Article 52…
I.       VISITOR WITHOUT PERMISSION TO REALIZE REMUNERATED ACTIVITIES. The foreigner
is authorized to traverse or remain in national territory for an uninterrupted period no longer than one
hundred and eighty days, counted from the date of entrance, without permission to realize activities
subject to remuneration in the country.
This classification is equivalent to the traditional tourist card. It grants up to 180 days of vacation in
Mexico with no permission to work or realize any activity for which the tourist would receive payment.
II. VISITOR WITH PERMISSION TO REALIZE ACTIVITIES REMUNERATED ACTIVITIES. The
foreigner who has a work offer, invitation from any authority or academic, artistic, sporting or cultural
institution for which they will receive remuneration in the country, or who will realize a remunerated
seasonal activity in virtues of international treaties celebrated with foreign entities, is authorized to
remain for an uninterrupted period of no more than one hundred and eighty days, counted from the date
of entrance.
There is discussion whether or not this classification is going to be the equivalent to the old FM3/Non-
Immigrant with permission to work or if this is going to be a new classification all together. This
classification is not renewable and only is valid for 180 days, therefore whoever possesses this
classification must leave the country after working here for 180 days. It will be interesting to see what the
regulations of the law say about this.
III. REGIONAL VISITOR. The foreign national or resident of neighboring countries is authorized to
enter the border-region with a right to enter and exit the region the number of times they desire, as long
as they do not remain more than three days but may not receive remuneration in the country.
By means of administrative policies, the Ministry of Government will establish the validity of the
authorizations and the municipalities and states that make up the border regions, for effects of granting
the condition of regional visitor.
The classification of REGIONAL VISITOR is equivalent to the current FM3/Non-Immigrant document
that is given to Local Visitors. This document is traditionally granted to people living in border regions
(Belize, Guatemala, Texas, etc…) who regularly cross the border for personal/family reasons but do not
intend to work or receive payment in Mexico. There is no specified lapse of time of validity in the law,
the current Non-Immigrant Local Visitor document is given for five-year periods, but this can change at
any time.
IV. BORDER-REGION LABOR VISITOR. The foreigner who is national of countries which the United
Mexican States share territorial limits is authorized to remain up to one year in the states determined by
the Ministry of Government. The border-region labor visitor will have permission to work in exchange
for remuneration in the country, in the activity related with a previous employment offer and has the right
to enter and exit national territory as many times as he desires.
The classification of Border-Region Laborer is equivalent to the FM3/Non-Immigrant document of the
same name. The current permission allows citizens of Belize and Guatemala to work and live in the states
of Chiapas, Quintana Roo, Tabasco and Campeche, pending a previous employment offer.
V. VISITOR FOR HUMANITARIAN REASONS. This condition authorizes that foreigners may remain in
the country under the following circumstances:
a) Being victim, witness or injured party of any crime committed in national territory.
For effects of this law, subject to other applicable legal dispositions, the person who is the passive subject
of criminal conduct, independent of the identification, apprehension, trial or conviction of the perpetrator
and without regard to the familiar relation to the perpetrator, is considered the victim or injured party.
The victim, witness or injured party to whom the status of Visitor for Humanitarian Reasons is granted, is
authorized to remain in the country until the process is concluded, at the finish of which he or she should
exit the country or solicit a new migratory status, with the right to enter and exit the country as many
times as he/she desires and with permission to work in exchange for remuneration in the country. Later,
the status of permanent resident may be solicited;
b) Being non-accompanied immigrant minor*, en terms of article 74 of this law.
c) Having solicited political asylum, possessing refugee status or complementary protection of the
Mexican Government, until his/her migratory status is resolved, in terms of article 54 of this law.
The Ministry of Government may also authorize the status of Visitor for Humanitarian Reasons to
foreigners who do not meet the previous hypotheses, when a humanitarian cause or public interest exists
that makes his/her entrance or assimilation in the country necessary, in which case permission to work
for remuneration will also be granted.
VI. VISITOR FOR PURPOSES OF ADOPTION. The foreigners linked to the process of adoption in the
United Mexican States is authorized to stay in the country until an executive resolution is reached and in
that case, until the new birth certificate of the adopted minor* has been issued by the civil registry and
the respective passport and necessary permits have been obtained in order to guarantee the exit of the
adopted minor* from the country. This authorization will only be granted to citizens of countries that
have celebrated treaties regarding adoption with Mexico.
These last two classifications are fairly self-explanatory and fit very much with the humanistic trend that
Mexico is going through with its legislation. The special classification given for purposes of adoption is,
in the opinion of the author, a step in the right direction towards the encouragement of international
adoption in Mexico.
*The actual words used in this subsection are “niña, niño o adolecente”, which translate to “girl child, boy
child or adolescent”. This wording is found commonly in much of the newer Mexican legislation, which
has in recent years experienced a very humanistic trend. The word minor was substituted for aesthetic
purposes, but it might be important to know the original wording in this case.
Solomon Freimuth is an American Citizen resident in Mexico, he is currently pursuing a Law Degree and
is part of the firm CHF Calderón & Asociados in Playa del Carmen, Mexico. For more information about
this firm visit www.chfmexico.com or contact us by e mail to info@chfmexico.com The copy, distribution
or publication of this article is permitted as long as the work is attributed to his author exactly as
mentioned in this paragraph. • • • more articles by Solomon Freimuth »

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2 comments
   Catherine Krantz says: Jul 19, 2011
   Right now, a foreigner who wishes to work in Mexican can apply for an FM-3 and receive permission
   to work in Mexico for a full year with the ability to renew every year after, for a pretty unlimited
   amounted of time (not sure how long, but several years anyway). This appears to imply that FM-3s for
   foreigners working in Mexico may no longer be granted for 1 year, but be limited to 180 days, and
   may not be renewal. Is it possible such a large change is in the works?

Ken McNicol says:
Jul 21, 2011
There is apparantly much more to the new law, and to Article 52 than is discussed here. I read an article
that discussed the entire law: http://yucalandia.wordpress.com/living-in-yucatan-mexico/new-
immigration-law-published-for-mexico-the-article/ That speaks to a lot more of what affect those of us
like Katherine with FM-3′s that either have work permissions or not. What I got out of what I read
sounded to me like a big improvement for us, granting permenant residency after a certain amount of
years as temporary residents, with the option to work or not, as we have now with the currrent FM-3, but
with no need to renew each year. In checking with Migracion here in Zihuatanejo just this week, I was
told that the law should be in effect by January of next year. I would suggest that you go to the referenced
website to see what you read into it.
http://yucalandia.wordpress.com/living-in-yucatan-mexico/new-immigration-law-published-for-mexico-the-article/


New Immigration Law Published for Mexico – The Article
June 22, 2011 Update
The web is abuzz with sketchy information about the new Ley de Migración. President Calderon signed it
into law on May 24, 2011, along with several official blurbs published in the Mexican Government’s
Diario Official.
The main focus of the new Ley de Migración is clearly directed towards improving protections and
documenting protections and rules targeted to migrants from Belize, Guatamala, Honduras, etc as they
traverse Mexico.
This post is just a preliminary report on the aspects that affect expats, because even though the Ley de
Migracion was published today, the associated regulations with specific requirements (El Reglamento) for
the new Immigration law have not yet been published. This means that INM has no procedures in place
yet for how to apply the new law, nor do they have instructions for issuing the new “Tarjeta de
Residencia” cards.
The new law has bundles of changes affecting ex-pats that dwarf last May’s changes.
LEY DE MIGRACION PARA MEXICO
For starters, here’s a partial list of some of the new interesting twists:
No more FM2′s or FM3′s, no more stand-alone Non-Inmigrante & Inmigrante categories, and there’s a
tweaked Inmigrado category. Tourists and other Visitors descriptions have not changed much.
Instead of the old “Inmigrante” & “No Inmigrante” (FM’2 & FM3′s), there are 4 new categories:
“Visitante“: 6 Types: Non-Working Visitors (tourist), Working Visitors, and Visitors for Adoptions,
Humanitarian, etc. 180 day limit. See Chapter 2, Article 52, Items I – VI of the Law for descriptions of all
6 types.
“Residente Temporal“: Covers the old “No Inmigrante” (old FM3) , 4 year limit per visa, Work Permit
possible, Leave and Re-enter as many times as desired. This also seems to include the old “Inmigrante”
FM2 “Rentistas” ***
See Chapter 2, Article 52, Item VII
“Residente Temporal Estudiante“: Covers Student Studies, Research, Training, including working on
university degrees.
See Chapter 2, Article 52, Item VIII
“Residente Permanente“: Several types: Covers the old “Inmigrado” and a few special “No Inmigrantes”
(the old FM3s for asylum seekers & refugees ), and it appears to cover working “Inmigrantes”**. It
allows indefinite stays, no need to renew, and includes the right to work.
See Chapter 2, Article 52, Item IX
and Transitorios, Sexto, I – VI (see more below)** * * * *
Other Items Affecting Ex-Pats:
“Article 53. Visitors, except those for humanitarian reasons and those who have links with Mexican or
regular resident alien in Mexico, can not change status of residence and will have to leave the country
at the end of the period of stay authorized.“
Various immigration experts from around Mexico are taking this clause at face value, meaning Tourists &
Visitors will not be allowed to change their residency status (to Residente Temporal or Residente
Permanente) while they are in Mexico, and must leave the country at the end of their 180 days, under the
new law. This position has been confirmed by a report on Mexconnect:
“…a top immigration lawyer (says) that it is true that we can no longer change our “tourist” to
“working” without leaving the country.” Mexconnect Forum
This is the first reported step of INM implementing the sections of the New Law that apply to expats.
Let’s hope they further modify or clarify this policy in INM’s upcoming yet-to-be-released new
Regulations (El Reglamento) to describe how expats can begin the Residency Application process by
applying online before they travel or apply at their Mexican Consulates, and then continue their
applications within 30 days of entering Mexico?
Permanent residency can be granted after just 4 years of Temporary Residency.
Permanent residency can also be granted after 2 years of marriage or common law relationship with
Mexican citizen, (with such marriage also recognized by the Mexican Government by successfully
registering a foreign marriage with your Registro Civil). Such Permanent Residency also depends on the
applicant successfully completing 2 years of Temporary Residency (concurrent with the marriage).
Article 55, Item II
Permanent residency can also be granted to concubines after 2 years of Mexican bliss (as a part of the 2
years of Temporary Residency).
Article 55, Item III
Permanent residency can be awarded with less than 4 years of residency, if the applicant qualifies under
the new Points System.
Article 57
There will be new ID cards, called “Tarjeta de Residencia” (as “Temporal” or “Permanente”).
Article 28, Item XXVIII
Mexico will also introduce a new Points System for permanent resident applicants who would like to be
granted residency before the standard 4 year temporary residency requirements. The Points can be
awarded based on level of education, work experience, skills in areas related to the development of
science and technology, international surveys, and the skills to develop activities that are required by
Mexico. Article 57, Item II.
Since it took nearly a month for local and regional INM offices to digest and implement the far-less-
dramatic May 2010 changes, and some of last years immigration policy changes were not fully worked
out until the following August, we suspect that it may take another 6 months before most of the dust
settles on this round of changes. This would fit with the new law’s requirement that the INM issue
implementing regulations within 180 days from the May 25, 2011 publication of the Law.
There have been no formal announcements yet of when the new changes will take effect, but in the
meantime the Transitorios section (described below), should govern INM processing of new applications
filed after May 25. All current applications and renewals filed before May 26 fall under the old rules, just
like they did with applications and renewals filed before the May 2010 changes. All current Inmigrado
and No Inmigrado visas (FM2′s &FM3′s) will remain valid until their expiration dates (see your
“Vencimiento” on page 7 of FM2′s = Fecha de Caucidad), and people holding current FM2′s and FM3′s
will only have to comply with the new rules when they apply for renewals under the new system.
In addition to the official Gob. de Mexico link supplied above, they also have a copy of the same new law
at this website:
New LEY DE MIGRACION PARA MEXICO in Spanish
We offer both links, because El Gobierno de México regularly and abruptly shuts down some their new
webpages.
The web version of the new law is 25 pages long, which means it will take some time for the legal beagles
to sniff-out all the implications.
****
Additional information on how the new categories line up with parts of the old categories:
The Diario Oficial website has been updated and is up and running. The Transitorios section (listed after
Article 162) govern the period between May 26 and whenever INM issues and implements the new
regulations.
On the issue of “Permanente Residente” / old “Inmigrado”, the new law’s Transitorio section reads:
After Article 162: “Transitorios, Sexto: VI. Los extranjeros que hayan obtenido la calidad migratoria de
inmigrado, se equipararán al Residente permanente. “
This translates to:
” VI. Foreigners who have obtained the immigration status of “inmigrado”, are deemed equivalent to
Permanent Resident status. “
Continuing on the issue of “Permanente Residente” / and some “No Inmigrantes” (some of the old FM3s),
the new law reads:
After Article 162: “Transitorios, Sexto: IV. Los extranjeros que hayan obtenido la calidad migratoria de
No inmigrante, dentro las características de asilado político y refugiado, se equipararán al Residente
permanente;
This translates to:
“IV. Foreigners who have obtained the immigration status of “No inmigrante” (old FM3), who meet the
characteristics of political asylum and refugees, are deemed equivalent to Permanent Resident status.”
Going to the issue of “Temporal Residente” / some “Inmigrantes” (some old FM2s, including
“Rentista”(?) ), the new law reads:
***After Article 162: “Transitorios, Sexto: V. Los extranjeros que hayan obtenido la calidad migratoria
de Inmigrante, dentro las características de rentista, inversionista, profesional, cargo de confianza,
científico, técnico, familiar, artista y deportista o asimilados, se equipararán al Residente temporal, “
This translates to:
“V. Foreigners who have obtained the immigration status of “Inmigrante” (old FM2), who meet the
characteristics “Rentista” (financier), investor, professional position of trust, scientific, technical, family,
artist, sports athelete or similar, be equated to Temporary Resident status. Note that Inmigrante Rentista,
Inmigrante Cientifico, etc have special legal meanings as, typically people who are not working, or are
working as unpaid professionals.
These refined sub-categories and definitions make some sense, and offer some continuity with past
categories and more definitions within the new law.
Special thanks to Alan from Merida and Ric Hoffman for their contributions and updates.
This article is meant as a public service announcement, not as legal advice, and this article will be updated
as understandings and interpretations of the new law develop.
Please Continue to Make Comments and Replies to Help Keep This Information Current!
Disclaimer: This information is not meant as legal advice. It is for educational and informational
purposes only. Government policies vary between States and offices, and Mexican Government officials
have broad discretion in how they individually enforce policies, so, your personal experiences may vary.
See a professional for advice on important issues. * * * *