Visas and Immigration
Laws
Immigration laws in Mexico have been going through
several changes. In May 2010 there was an update to
the Mexican immigration protocols. The FM-T tourist
permit was deprecated and replaced with an FMM entry
and exit permit. In addition, you can no longer obtain
an FM-3 outside of Mexico. There have also been changes
to the rules for FM-2 and FM-3 residence visas. The
FM-3 and FM-2 booklets are being replaced with the Forma
Migratoria de no Inmigrante and Forma
Migratoria de Inmigrante laminated cards.
What are the Non-Immigrant Visas?
There are various classifications of Non-Immigrant visitors
to Mexico - the main ones are listed below. Your local
Mexican Consulate will be able to give you full details
about how to apply and pay for permits that are required
in advance.
FMM - The Short-Term Non-Immigrant Visa
Short
term visas are intended for visitors (usually tourists)
to Mexico on short term (six months or less) visits.
For trips of longer than six months, a non-immigrant
or immigrant visa should be considered—see the
sections below for details. The FMM has a 'Business
Visitor' section, specifically for persons who come
to Mexico for short business visits not exceeding 180
days. FMM visas are issued by airlines and at ports
of entry.
FM3 - The Long-Term Non-Immigrant Visa
Mexico
operates what is known as a FM3 visa. The FM3 visa is
a renewable long term (more than six months) permit
which gives non-immigrant temporary residency status
to the holder. This means that it gives a person the
right to live in Mexico (under terms as set out in the
visa) but it does not lead to, and cannot be converted
to, a visa leading to permanent residency or Mexican
Citizenship.
There are various categories under which FM3 visas
are granted, and these relate to the activities you
intend to undertake while in Mexico. Under the terms
of the FM3, you are authorized to only undertake certain,
specific activities which may be lucrative or non-lucrative,
depending on the visa's classification.
One of the criteria that the Mexican authorities require
for the issuance of a FM3 visa is that the applicant
prove that they have 'sufficient funds to sustain themselves
while in Mexico' and/or a proven steady income. There
is no official minimum or maximum amount—every
application appears to be dealt with on a case-by-case
basis. Proof of funds and/or income is usually requested
by means of bank account statements, proof of investment
income, credit cards, or a combination of these.
Once applied for and granted, the FM3 may be renewed
for an additional four years (for a total of five years).
After this period, a new FM3 may be applied for and,
if granted, will serve for another (max) five year period,
renewable annually.
The FM3 visa cannot be exchanged automatically for
a visa leading to permanent residency (FM2); a FM2 must
be applied for separately. Any years accrued under a
FM3 visa are not transferable towards FM2-residency
status (see FM2 heading, below, for details).
You may apply for a FM3 visa while in Mexico and in
possession of a short-term FMM (Tourist/Business Visitors
Visa) or by applying through a Mexican Consulate overseas.
Mexico's Immigrant Visas
Immigrant Visas are issued to foreign nationals who
have the intention of living in Mexico for long periods
of time (over one year) AND who intend to seek permanent
residency in Mexico, or Mexican Citizenship.
FM2 - The Immigrant Visa
FM2
visas are intended for people seeking permanent residency
status in Mexico or those who may seek eventual Mexican
Citizenship.
There are various categories under which FM2 visas
are granted, and these relate to the activities you
intend to undertake while in Mexico. Under the terms
of the FM2, you are authorized to only undertake certain,
specific activities which may be lucrative or non-lucrative.
You must hold a FM2 for a qualifying period* before
you may apply for "immigrant" status or Mexican
Citizenship.
You do not need to have held a FM3 visa before applying
for a FM2, and any years you may have accrued while
living in Mexico under the auspice of a FM3 do not count
towards your FM2 qualification period.
If your goal is to seek long-term residency in Mexico,
or to become a Mexican Citizen, you should apply for
FM2 status (or request a change of status from FM3 to
FM2) so that your time starts counting towards the qualification
period as soon as possible.
You may apply for a FM2 visa while you are in Mexico
and in possession of a FMM (Visitor's Visa) or in Mexico
under the auspice of a FM3.
Once you are in possession of a FM2, following the
qualification period, you may apply for full residency
status. When your full residency status has been accepted,
you are entitled to full rights (e.g. access to IMSS
sickness pay) and responsibilities (e.g. pay income
taxes) as any other Mexican citizen. Naturalized citizens
are also allowed to vote in Mexican elections.
When your full residency status has been accepted,
you may also begin your application for Mexican Citizenship,
although you do not have to do this; you can remain
a 'resident alien' on a FM2 visa indefinitely.
Upon receiving immigrated status, you will receive
a plastic card that looks like a driver's license. This
card enables you to pass through Mexico's borders as
if you were a Mexican national.
You do not, under Mexican law, need to surrender your
national passport—whether you remain a resident-alien
or apply for citizenship —which you'll use when
you return to your home country for visits, or if you
eventually return to your home country to dwell there
again. However, your home country's policies might require
you to surrender your passport and/or citizenship; check
with your local authorities for details.
If
you hold an FM2 visa and stay outside of Mexico for
longer than 2 years, or for 5 years in any 10 year period,
you will lose your permanent resident status in Mexico.
*Qualifying periods vary depending on your circumstances.
Seek advice from an immigration lawyer about this matter.
Examples of the kinds of people who might apply for
FM2 visas:
Retirees
If you are over 50 years of age and want to engage in
"non-remunerative activities" and you are
receiving funds from abroad (from a pension or other
investments or fixed income) you can apply for a Retiree
Immigration Permit.
Investors
You can receive an immigration permit if you are willing
to invest your capital in Mexico. You investment can
be directed at industry or services, and must equal
a minimum set amount—check with an immigration
lawyer for the latest investment levels required for
this visa.
Professionals
If you are a qualified professional, you can have your
certificates validated by the Mexican Consulate in your
home country and apply for an immigration visa to live
in Mexico and seek permanent residence.
Technical or Scientific Professions
If you are a qualified technician or scientist, Mexico
offers a category of visa which enables you to live
and work in Mexico under sponsorship from a foreign
company. For example, if the company wants to open an
office or factory in Mexico, a person or persons representing
that company may enter Mexico to manage the commercial
operations on a long term basis.
Artists and Sports People
Artists or sports people who seek long term permanent
residency in Mexico may apply for a FM2 visa. Each case
is considered individually and entry is at the Interior
Ministry's discretion.
