Immigration

Immigration

1 September 2006 Residency & Law 79

IMPORTANT: Since we first wrote this article, waaaaay back in 2006, the process of obtaining permission to live in Mexico, either temporarily or permanently, has changed many times. We leave this article here as a historical one... this is the way it used to be, updated to be correct in 2010. Some of the information, such as the situation in the border zone, the ability to stay in Mexico six months with a tourist visa and the location of the immigration offices in Merida are still true. Other things, like the names of the visas (they are no longer called FM3 or FM2), the requirements for residency and the procedures, are no longer the same... and can almost be counted upon to change annually. Also, many of the comments to this article contain very valuable information, like the comment about apostilles. For the actual detailed and current facts on immigration requirements and procedures in Mexico, we encourage you to find a service that specializes in helping expatriates become residents in Mexico, and follow their advice!

Well, it’s that time of year again. Time to renew the residence visa, called an FM3 No Inmigrante Visitante by the Mexican Government.

You may have heard all kinds of horror stories: long lines in the hot sun and longer waits in chilly, air conditioned rooms packed with total strangers who do not speak your language, an endless list of invasive questions about your family, medical history and possible criminal past, body searches for distinguishing scars and tattoos, notarized copies of nearly every legal document you own, and countless small humiliations at the hands of insensitive bureaucrats whose only interest seems to be intimidating you until you give up and go back to where you came from!

But all those stories are about foreigners trying to live in the United States. The process in Mexico is much easier and humane. Mexico actually encourages immigration and has been doing so for many years. Over the past few years here in Merida, the process has been streamlined and computerized. Once you know what is required, you can expect a relatively simple and painless experience.

Depending on the special conditions of your residence visa, you may legally do several things that Mexican citizens do but tourists can’t:

  • Live in Mexico for more than six months
  • Open a bank account
  • Work for a Mexican business
  • Start a Mexican business entity, such as a corporation

Mexican Visas

First, some background on Mexican visas: People entering Mexico by car at the northern border with the United States may do so without any type of visa if they remain within roughly 20 miles of the border. This is the so-called Border Zone established under NAFTA.

Beyond this area, on every major southern route into Mexico, there are checkpoints where you must apply for a tourist visa, called an FMT. The last time we checked, these cost less than $18 USD. You will need a passport or birth certificate to obtain one. If you are flying into Mexico, most airlines issue an FMT automatically. The FMT visa allows you to travel freely around Mexico until it expires, which is usually 30 days, but this period can be extended up to 180 days. When you receive your FMT, fill it out. An immigration official will scribble on it and stamp it with his or her sello (official seal). It’s all very simple and routine. The official will keep the larger part of the form, and give you the smaller part. Don't lose it! You will need to give it to another immigration official as you leave the country. Or if you want to extend your stay, you will need that little slip of paper.

If you want to live full-time in Mexico and legally do the things listed above, then you need to apply for a residence visa. There are several types, but the FM2 and FM3 are the most common.

Most people who obtain an FM2 or FM3 visa for the first time generally go to the Mexican consulate in their own country or use an intermediary in Mexico, such as an immigration lawyer or advocate. This is mainly due to the language and cultural barriers. The folks down at the immigration office in Merida speak some English and are willing to help you through the confusion. The services of a lawyer can cost upwards of several hundred dollars above and beyond the cost of the visa. So it’s possible to do it on your own or to hire a third-party to help out. It’s a very personal decision.

When we first moved to Yucatan, we hired a lawyer and accountant to set up a Mexican corporation, so naturally we worked through them to obtain Working Gringo’s visa. The total cost of this business start-up was less than $2,500 USD. To operate your own business in Mexico, you must obtain an FM3 that names you as the Administrador Unico (Chief Administrator) or other principle of the company named in the Constitucion (essentially, the articles of incorporation).

Another way to work in Mexico under an FM3 is to locate an employer who will write a carta (letter) explaining why you are uniquely qualified to hold the position and why a Mexican national isn’t available to do the job. English language teachers, people with specialized technical skills, and relatives of a business owner usually qualify, but be aware that Mexico protects its job market on behalf of Mexicans. They prefer that foreigners come to Mexico and start businesses to create jobs, not take away existing ones.

Most people obtain an FM3 simply to live in Mexico full time and have a bank account here. These folks are commonly called rentistas. The main qualification is the ability to show income from a foreign source of at least $1,000 USD per month. This income can be in any form, including a bank statement with an account holding $12,000 USD, representing one year of income.

Yet another way to obtain an FM3 is to be married to somebody who already has one. To prove it, you will need a special notarized version of your marriage certificate, called an apostille. This document can be obtained for a small fee from whoever is in charge of your state’s or provence’s public records.

Where to Go in Merida for Immigration Services

So what’s the procedure for getting your visa? Take a look at the lovely colonial building shown here. That’s the new offices of the Instituto Nacional de Migration (National Immigration Institute) in Merida, which was moved last year from their crowded little office downtown. It is located on the corner of Avenida Colon and Calle 8 in the “old money” neighborhood called Colonia Garcia Gineres. To get there, take a taxi and tell the cabby where you want to go. Or, if you have your own wheels, drive north from Colonia Centro on Calle 64 until you merge into Reforma. Take the next left at the Plaza de Toros (Bullfighting Ring) and drive down to Calle 10 and turn right. Drive two more blocks to Avenida Colon and turn right again. Continue to Calle 8, turn right and park. The offices are behind you, across the street. They open their doors at 9:00 AM, and we suggest you try to be first in line.

You will probably make four visits to this office to obtain or renew your visa. During each visit, you will stop at the security desk outside the front door and sign in to receive a visitor’s badge. As you enter the building, you will see a reception desk in front of you and a nondescript brown door to the left. Tell the receptionist what you are trying to accomplish and she will hand you a small yellow or pink ficha (card) with a number on it and direct you to the brown door. Inside are two rooms with booths, desks and chairs. The booths in the first room are for yellow activities and the desks in the second room are for pink activities. The number on your ficha tells you where you are in the waiting queue. Sit in one of the chairs until your number is called.

STEP ONE: Document Requirements. Whether you are trying to obtain a visa for the first time or requesting a prorroga (renewal), the first step is always to ask for a list of required documents, called Requisitos Para Tramites Migratorios (Requirements for the Migration Process). The attendant will present you with a typed list of the many possible required documents, and check off those that apply to your situation. At a minimum, you will be required to present the following documents when you return for your next visit:

  • Solicitud Formulada por el Extranjero – This is a short letter, in Spanish, formally requesting the type of visa desired and stating the conditions of the request, i.e. if you are requesting a visa as a business owner, an employee, a spouse or a rentista, etc. We just heard that the Merida English Library has a sample letter on file that you can copy.
  • Copia de Pasaporte Vigente – A copy of your passport. You should also bring the original so they can check it against the copy.
  • Carta de Solvencia Economica – This is how you prove that you are making a living without mooching off the Mexican people. In most cases, the last three months of your bank statements will satisfy these requirements. If you are a business owner, you should bring the bank statements from your company.
  • Copia de Comprobante de Domicilio – This is a receipt from the electric company (CFE), the water company (JAPAY) or the telephone company (TELMEX) that shows the address where you live in Mexico. Surprisingly, it does not have to be in your name. They only use it to correctly format and record the rather complicated address.
  • Referencias Personales - If this is the first time you have applied for a visa, you will need a list of two Mexican citizens (full name and address), who will likely say that you’re not so bad.
  • Fotografías – If this is your first visa, you will need to provide five black and white mugshots of yourself, four centimeters square. Three of these must be a front view and two must be of your right side. You cannot wear glasses or jewelry and your ears must be uncovered. Polaroids are not acceptable.
  • If this is a renewal, then you must bring the original and a complete copy of your current visa.

Depending on your situation, you may be asked to bring other documents, such as your company’s constitucion, an apostille or your last Mexican tax payment. Always bring the originals along with the number of copies requested, just in case there’s a question of authenticity.

You may be tempted to skip this step and just bring all your documents on the first visit, but the fact is the official list of requirements seems to change from year to year and the items they may check off in your case may be different each time you renew your visa. Since this step usually takes less than 15 minutes, there’s really no reason to blow it off.

STEP TWO: Document Delivery. After your papers are copied and double-checked, take them all to the immigration office, receive a ficha from the receptionist and wait in the pink room until your number comes up. If you arrived early, the wait will probably only be a few minutes. The attendant will look over your documents, compare them to originals and type information about you into a computer. You may be asked a few clarifying questions. If you have satisfied the document scavenger hunt, you will be given a Solicitud de Tramite Migratorio (Request for Migration Process). Don’t lose this piece of paper or you may have to start the process over again. You will be told when to return for the next step, which is usually about a week later.

STEP THREE: Fee Payment. Upon your return to the office, one of two things will happen. Either you checked out with the authorities OR there are more questions and documents to produce. Assuming that you are a decent and honest sort, chances are everything went smoothly.

If this is your first visa, now is when they take receipt of your photos and personal references. You will sit down with a gentleman in a back room who will ask you penetrating questions like, “where were you born?” and “how tall are you in centimeters?” as he fills out the personal information that goes in your visa. He will then paste your photos into some immigration forms and tell you to come back in five business days after you have paid the fees.

In order to pay your fees, they will give you three copies of the Declaracion General de Pago de Derechos (General Declaration of Rights Payment), which you take to any bank. This year, the fee was $1,686 pesos. At the bank, sign all three forms and hand over the money. They will stamp all three forms and give you back two.

STEP FOUR: Receipt of Visa. Return to the office with your original Solicitud and the two copies of the Pago de Derechos and they’ll hand you a little green book with your picture in it that says: “Hey, you’re practically a Mexican!”

Comments

  • Working Gringos 9 years ago

    We suggest you go to the www.yucatanyes.com website and talk with someone about these immigration details. In general, it is still true. You do not usually get a 180 day stamp for a tourist visa. If you get a 30 or 90-day stamp, you can go to the immigration offices while you are in country and ask for an extension up to the stated allowed time. After that, if you still don't have a resident visa, you will have to leave the country and return with a new visitor visa.

  • TJ 9 years ago

    Hello,
    I'm coming to Mexico for 4 months, so I know a tourist visa is fine for me. Reading your article however, i got the impression they may only 'stamp' it for 30 days? If this is the case how do i get it extended up to the 4 months until my return flight? Or will they automatically stamp it for the correct time I am there?

    I also plan to look for work whilst I am in Merida, which i do understand is possible on a tourist card, as long as NO work is actually done. If i am fortunate enough to receive a job offer, and receive a working visa, I will obviously be staying longer than 4 months. Does this visa then 'over-ride' the tourist visa, and alert the authorities that I am LEGALLY in the country after my tourist card expires? Because obviously I don't want to receive a job offer, have a working visa(and stay longer than the 4 months on my tourist visa because of it) and then i get in trouble with the authorities as the tourist card will have expired. Even though I will have a 'working visa', and allowed to work/stay longer.

    I hope I have made this clear, somehow!
    Thankyou

  • CasiYucateco 10 years ago

    Perhaps someone mentioned this above and I didn't find it, but I'd add an extra few words on apostilles.

    An apostille isn't always a marriage certificate, although an apostille must certainly accompany your marriage certificate and translation thereof.

    An apostille is a special form of notarized form that is used to certify the validity, lawfulness and authentication of legal documents in between nations established by The Hague Conference on Private International Law of 1961.

    So, perhaps you sign a document sent to you from Mexico to be returned to Mexico, but you are in the USA and your signature must be notarized but the notary is a US Notary, not a Mexican official. An apostille is used to certify internationally that your signature is valid and authentic and notarized. An apostille is generally issued by either the US State Registrar or the US Secretary of State in the state in which you live (or were married, etc).

    So, if you need an apostille of a public record like a marriage license or your signature or contract or whatever, you want to allow plenty of time for the process of obtaining it from your State capital. They are not issued locally.

    Here is an example from Washington State:

    Apostille certificates are issued by a state government only for documents which have been signed by a government official (or a Notary Public) of that same state. You cannot request a Washington Apostille on your documents if your documents have been signed by a government official in Oregon for example. You would need to obtain an Oregon Apostille from the government of Oregon instead.

    In order to obtain an apostille you must send the following information:

    Original notarized document to be authenticated or a certified copy to be authenticated that includes the original certification.

    Fee is $15.00 per document (a document can be more than one page). Make check or money order payable to: Secretary of State.

    Cover Letter, which must include:

    The name of the country requesting documents. (Countries require different certifications and the document cannot be certified without this information.);

    A daytime phone number for possible questions; and

    Information on where the documents should be mailed after processing.

  • Working Gringos 10 years ago

    As you can see now at the beginning of the article, we have provided a link to an article about the new process of getting your immigration visas. It might be interesting to read both articles in order to appreciate the changes.

  • Jim Premeaux 10 years ago

    When are you going to update the Immigration information, the process you describe terminated July 1. We went to the El Paso TX Mexican Consulate on July 7 and they would only give us a Mexican VISA for six months starting that day. It was explained to us that the old FM3 is gone and a new process is in place. I was told I have to go to the Immigration office in Merida to get a resident VISA; they would not issue it here. When I asked what would be required of us in Merida, since we had provided all the information to them here for an FM3, they told us to go to the immigration website and it explains it all – in Spanish. Our Spanish speaking neighbor here in the US could not figure it out. An update of the process would be a big help. Thank you.

  • Ross 10 years ago

    I went to the Immigration office today for my FM3 renewal. This is the first week of the new program, which is meant to simplify the renewal process. As with any new program, there was some confusion as to the process, but in the long run it will make the process much simpler.
    The good news is that you don't have to make any copies - none! Not even your utility bill. You only need:
    • your passport
    • your current FM3,
    • a letter (there is new language for this letter that can be found on the Immigration website – you cannot use the old one that we have all copied off of various websites), and
    • a copy of the Immigration form that you need to complete on the internet and print out.
    Also you need to pay on your first visit rather than on your return trip to pick up the visa, as it was previously.
    The bad news is that the website is not working as described and is not allowing you to print out the form. I entered the information multiple times each time clicking different buttons to no success. However, the website does give you a reference number when you click the Save (GUARDAR) button – make sure you write this number down because you will need it. I didn’t write it down the first 3 times. To make a long story short, the Immigration officer that was assisting me, after consulting various co-workers determined that she could print out my form using the number I had saved from the website and all was resolved.
    As always, the immigration officers, in spite of the confusion, were friendly and as helpful as possible.
    I go back next week to pick up my new “smart” card FM3. No more booklets!

  • Arnaldo Marucco 11 years ago

    Dear friends, I writed you back on 2007, about a dream of living in merida, and today I call tell you that our dream is fullfiled.My wife and me arrived two weeks ago after 4 days of driving and 3000 miles of beatiful countryside,from West Covina, California.
    All this past three years we had been planning our trip,and stay in merida, based on your blog, so....THANK YOU VERY MUCH.
    Our bilingual(argentinian with 37 years in usa)condition ,help a lot in Mexico,but just by curiosity I try to be americano speaking, and lot of beatiful people here in Merida help us anyway.
    Gracias, y espero que algun dia podamos tomar un cafe juntos.

  • Anna 11 years ago

    I have renewed my FM2 five times and am in the process of changing my status to inmigrado. I am so happy that in a few months I will never have to go to immigration again to renew my visa :-)

  • Working Gringos 11 years ago

    This sounds like a job for YES! May we suggest that you pose that question at our affiliate site, www.yucatanexpatriateservices.com? They can answer the question and help you renew your visa, if you need help.

  • Rosemary 11 years ago

    We had our FM3's issued to us in McAllen, Texas in August, 09. When they are renewed in August, 10, can they be renewed in McAllen again or do we have to have them renewed in Playa Del Carmen where we spent a lot of time. We do not own property in Playa but we intend to spend most of our time in Mexico and particularly in the Mayan Riviera area. If we renew in Playa, do we need all the information that you need to obtain the original FM3; i.e. translated copies of bank statements, marriage certificate,
    electric bills, etc.? We got our FM3'S in McAllen, but have not registered them anywhere in Mexico as yet.

  • Chris 11 years ago

    Don't mistage the status "inmigrado" with Mexican citizenship. After 5 years of FM2 you are getting the status "inmigrado". Now you don't have to renew your FM2 any more. You are allowed to live and work in Mexico your whole live. Applying for Mexican citizenship can be done now, but it is not necessary and doesn't have to be done. I never will give up my german citizenship but I am very happy to never have to renew my FM2 again and having the right to live and work in Mexico forever. If I would have the FM3, I would have to renew it every year which is a lot of money and time I don't have to spend because I applied for the FM2.

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