Twenty Different Types of FM-3 Work Visas? Wow, thanks Carrie for the overview. I found this article online.It was the first thing that popped up in organic search when I used Google.


This article is based on information from the web page of the Secretaria de Gobernación, Instituto Nacional de Migración (www.inm.gob.mx).




David Puente Tostado, immigration lawyer at the Monterrey office of Sánchez DeVanny Eseverri, S.C., contributor and editor.


The Visa Process: Why It Is So Difficult to Stay “Legal” in Mexico

By: Carrie Osman

2007, All Rights Reserved







While Mexico’s immigration law may be relatively straightforward, its foreign visitors are often astounded at the effort necessary to keep up a valid FM-3 visa. Within Monterrey’s international community, it is common to hear about an FM-3 renewal process that drags on for months, or a new family’s furniture being stuck at the border crossing for many weeks until their original FM-3’s are issued. Most of the delays seem to stem from an inconsistent application of the requirements by the immigration office (INM), or maybe our inability to understand what they want in the first place. Also, expatriates often find themselves represented in immigration matters by lawyers hired by their local employers and similarly must go through company channels to navigate their own visa process. This particularly can be very frustrating for the spouse at home.




I’ve lived in Mexico for 8 years, and each year my family and I get stuck in the FM-3 renewal process, occasionally slowed to a halt because we’ve changed addresses or jobs and no one tells us exactly what to produce until the expiration date goes by and we become temporary “illegals.” This article stems from my decision to investigate Mexico’s visa requirements and their application in San Pedro Garza Garcia, and hopefully will finally bring understanding about Mexico’s visa process to those of us in Monterrey’s international community.




I. Immigration Law. The immigration law in Mexico, la Ley General de Población, recognizes three types of immigration status: no inmigrante, inmigrante and inmigrado. The first is basically a non-immigrant resident, who stays in Mexico temporarily and includes tourists entering with a tourist visa (FMT), business travelers entering with a business visa (FMN), as well as FM-3 visa holders who stay for a few years. The inmigrante status refers to immigrants who live in Mexico with an intention to permanently reside here, and thus obtain FM-2 visas. An inmigrante earns permanent residency status and becomes an inmigrado after 5 years, and is no longer required to go through annual visa renewals.




II. Types of Visas. Here is an overview of the Mexican visas.




1. FMT. The tourist visa is issued to visitors entering Mexico on vacation, or to participate in one of several non-profitable activities. The duration of the FMT visa is set by the immigration officer who welcomes you to the country, up to 6 months.




2. FMN. The business visa is issued to visitors entering Mexico for business activities (mostly promotional) on behalf of their U.S. employer. The duration of the FMN visa is 30 days maximum.



a. Requirements of a Tourist/Business Visa. Tourist and business visas are distributed by airlines, in the immigration offices at the land ports of entry, and by Mexican Consulates within the U.S. They require a valid passport and cost about U.S. $20. If you fly into the country as a tourist, the price is charged as part of your airline ticket. For travelers with FM-3 or FM-2 immigration status, you should be able to get the final price of your airline ticket into Mexico adjusted accordingly. However, this is impossible to do with internet purchases, as travel websites like continental.com and expedia.com do not ask about immigration status, only whether the traveler is a Mexican citizen or not. Usually these type websites offers the best ticket prices and many people just buy without regarding the $20 bucks for the tourist visa.







b. Turning it back into Mexican Immigration Authorities. Mexican law requires visitors to return their FMT/FMN visa upon leaving the country, and occasionally I read claims that Mexico visitors they have been “caught” and fined for not returning their card. However, as a practical matter, it can be fairly difficult to return a tourist/business card at the Monterrey airport, as there is no longer an immigration checkpoint to pass by when you leave Mexico, even though an immigration office is open around the clock. Airline employees are supposed to collect them, but there is currently not a built-in procedure for this. In other cities within Mexico, however, an immigration officer is posted outside the gate area and will not let travelers exit to their boarding gates unless they relinquish their FMT/FMN or submit another type visa (FM-3 or FM-2) to be stamped. If travelers are not able to present their appropriate visa, they are not allowed to board their plane until they go through a tedious procedure whereby they are issued a replacement. Similarly, the congestion and confusion at the bridges between Mexico and Texas all but prohibits a tourist from returning their FMT/FMN card there. The best place to deal with immigration matters is at the 26 kilometer mark and not at the border itself. If you leave the country with the FMT/FMN still in your possession, you can mail it to a Mexican consulate in the U.S. (See www.sre.gob.mx for links to individual consular web pages).




c. Living as a “Tourist.” Theoretically, a foreigner could enter Mexico with a tourist visa and live for an extended period of time, renewing every 6 months. However, doing so does not conform to the intent of the immigration law’s visa categories, and there are daunting disadvantages. First, Mexican law requires tourists to return their FMT tourist card upon leaving the country, which means that every time you cross the border (shopping in McAllen, air travel to visit your relatives, for example) you would have to turn in your FMT card and reapply upon returning to Mexico. Also, the duration of the tourist card is discretionary, and there is no guarantee that the immigration officer will grant entry for the full 6 months. FMT cards only allow you to bring a very limited amount of goods into Mexico (one computer, clothes, and similar items). Finally, if you bring down a U.S. car with an importation permit tied to an FMT, you will have to take your car to the border and obtain a new sticker each time that you are issued a new FMT.




3. FM-3 Visas. These green passport-like books allow foreigners to travel freely in and out of the country, import household goods, and reside in Mexico for annual renewable terms.




A. Working vs. Non-working. There are two types: an FM-3 “working visa” and an FM-3 “non-working visa.” An FM-3 “working visa” allows the holder to work in Mexico, and his or her dependants to reside here. An FM-3 “non-working visa” is issued to resident pensioners and requires, among other things, that the applicant prove a monthly income from his own country of about U.S. $1,200 a month, plus a lesser amount for each dependent. The “nonworking” type visa is generally used by retirees or the leisure crowd who move to Mexico for an extended stay and do not want to renew their FMT’s twice a year. There are larger numbers of non-working type visas issued within international communities in recreational and colonial regions of Mexico. Because Monterrey is an industrial city, the remainder of this article focuses on the FM-3 “working visa.”




B. Categories of FM-3 Visas. There are about twenty different categories on which an FM-3 may be based, many of them developed under the NAFTA regime, including but not limited to students, investors, professionals, and business people who come to assume management position in a local company. Each of these categories requires different type documents to support the visa application, plus the additional documentation for dependents.




4. FM-2 Visas. These type visas are issued to “inmigrantes,” those foreigners who intend to permanently reside in Mexico. The application process is identical to the process for FM-3 visas, although you cannot apply for an FM-2 until you have lived in Mexico for five years with an FM-3. The advantage of an FM-2 visa is that after 5 years, the FM-2 visa holder can apply for “inmigrado” status and thereafter work in any legitimate endeavor in Mexico without filing for annual visa renewals. The disadvantages of the FM-2 visa are that you cannot drive an imported car, and there are limitations on the amount of furniture and household goods that you may import into Mexico.




III. Visa Process




1. Original Application. The following discussion focuses on the requirements of the most common visa category within the Monterrey ex-pat community, those issued to foreigners who enter Mexico to hold a management position with a company. First, assuming the foreigner enters Mexico as a tourist or business traveler, he or she will have to fill out an application called a “Solicitud de Tramite Migratorio” (FM-1) to change residency status from tourist/business to a non-immigrant resident. Along with this application, the foreigner must submit the following documents to the INM:




1. Valid passport (the original) that has at least six months before expiration;

2. Original FMT/FMN visa;

3. Letter by applicant to the INM, in Spanish, stating the reasons for wanting to establish residency in Mexico;

4. Power of attorney signed by the applicant that grants authority to his lawyer or other individual who will be handling the FM-3 procedure;

5. Letter from the employer on official letterhead (or an original employment contract), in Spanish, specifying the position, place of employment, and that the terms of employment will be subject to immigration authorization. Further, if the employer is a company, it must submit articles of incorporation, last tax return, and proof of registry with the National Registry of Foreign Investment if it is foreign company. There are separate requirements if the employer is an individual.

6. Photos; and,

7. Payment of fees.




2. Application for Dependents. To obtain an FM-3 visa for a non-working spouse or children, the INM requires: (1) an original application, signed by each, (2) original passports and FMT tourist cards, (3) and original marriage license and birth certificates. These type documents must be apostilled, see information on the apostil process below.




3. Other FM-3 Visa Categories. There are additional requirements for other visa categories. For example, to obtain an FM-3 visa to reside in Mexico and practice a profession, the applicant must prove his professional status by submitting his diplomas and professional licenses. These diplomas and licenses must be apostilled before they are submitted to the INM. A profession would include a nurse or lawyer, for example. Further, there may be regulatory conditions required under the Mexican Constitution relating to professions.




4. Annual Renewals. An FM-3 visa holder must renew his or her visa each 12 month period. Last year, ex-pats in the Monterrey community experienced 2 to 3 month delays in the renewal process, allegedly due to the reorganization in the INM offices caused by the turn-over after the 2006 Mexican elections. Supposedly, the FM-3 renewal is currently returning to a more efficient process. Regardless, it is recommended that the visa holder begin gathering the documentation required for the renewal two months before the expiration date (eh hem … do not wait until the last minute). A renewal requires the same type documents as the original application, although you must also submit copies of recent tax return and IMMS (social security) registration, among other things.



III. Conclusion. This article has provided an overview of the Mexican visa process applicable to the international community of Monterrey, Mexico. While it is possible for a foreign citizen to walk into the local INM office and handle the visa application and renewal on his or her own, the majority of ex-pats use experienced legal representatives to handle the process for them. In any event, the information herein will hopefully smooth the process so that it is easier for us all to stay “legal” in Mexico.




** Carrie Osman is a Texas lawyer residing in Monterrey, Mexico. If your family or business has any questions on the immigration process, please do not hesitate to contact her at carrie@legalservicesinmexico.com.




Visit Carrie’s website at www.legalservicesinmexico.com for more articles and relevant information for the ex-pat community in Mexico, including articles entitled “The Validity of a U.S. Car Permit during the FM-3 Renewal Process”, and “Wills: Is a U.S. Will Valid in Mexico?”







Sources:




This article is based on information from the web page of the Secretaria de Gobernación, Instituto Nacional de Migración (www.inm.gob.mx).




David Puente Tostado, immigration lawyer at the Monterrey office of Sánchez DeVanny Eseverri, S.C., contributor and editor.

 


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