FM 2 & 3 changes?

Posted by Camaron on May 30, 2010, 10:08 pm
72.160.107.170

copied from: [www.sanfelipelife.com] In May 2010 an update to the Mexican immigration procedures comes in to effect. The FM-T tourist visa is replaced with an FMM visa, 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, possibly including a change to the FM-3 income proof in some cases. New Procedures Manual The new immigration procedures manual was published in [dof.gob.mx] Diario Oficial de la Federatión 2010-Jan-29 (in Spanish). The main change is to combine an assortment of temporary visas (such as FM-T tourist visas) into one general purpose visa, the FMM (Forma Migratoria Múltiple), and to require that visa to be 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 Visa FMM visa - entry half is blue, exit half is green The new FMM visa replaces the FM-T visa. It's 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. FM-3 and FM-2 visas Starting May 1, 2010 FM3s and FM2s will no longer be in booklet form like a US passport but will be plastic cards with imbedded data strips. The bar codes on these visa-like cards can be updated much easier with address changes, marital status changes, employment changes, and so on. There will be no more problems of having to wait for these kinds of updates to be put into print booklets. 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, 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, 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.

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