IMMIGRATION AND CUSTOMS

Mexico has traditionally had a liberal attitude toward the immigration of foreigners.  Throughout the 20th century, Mexico has followed a policy of granting asylum to fellow Latin Americans and Europeans (mostly Spaniards in the 1940s) fleeing political persecution in their home countries.  That does not mean they don’t require proper documentation from those seeking to enter the country.

While bothersome and time-consuming, immigration to Mexico is usually quite easy.  If you understand the process, follow the steps sequentially and don’t put yourself in the position of having to have a document yesterday, it will flow smoothly.  As with all government procedures in virtually every country around the world, immigration documentation takes time and can be frustrating or confusing. 

The following information has been confirmed as of January, 2009.  However, these requirements are subject to change at any time.The laws and government regulations in México are similar to those in other countries: they are in a constant change, and for this reason, you need to ensure that the information you obtain is accurate.  Often, what you hear on the street or from a neighbor was accurate a few years ago, but has been rendered obsolete by revisions to the law.  Violations of entry and exit requirements may result in serious penalties.

The first step is to ensure that the documentation from your home country is in order.  All American and Canadian citizens and citizens of other countries traveling to Mexico must have a valid passport.

INM

    

The information below was obtained directly from the Mexican Law - its source: “Ley General de Población”.

There are only three Immigration statuses in México:

  • Non Immigrant

This refers to a person who is in the country with a temporary residence and a
Tourist Visa “FMT”, Visitor Visa “FM3”, or Student Visa “FM3”.

FMT - Tourist - Mexico requires documentation from all foreigners entering the country.  (Canadian and American tourists do not require a visa or a tourist card for stays of 72 hours or less within the border zone 20 to 30 kilometres from the U. S. border). If you are merely traveling to Mexico as a tourist, you can obtain a tourist card along with your airline ticket, or at a border crossing if entering the country by car.  These tourist cards are mandatory and should be stamped at the point of entry.  They are valid for 30 – 180 days at the discretion of the issuing immigration officer.  If you are entering the country with the intention of staying 3 or 4 months, make sure you have received a sufficient length of stay on your tourist card.  If it turns out that you only have a 30-day card and you need more time, you can go to an immigration office and apply for an extension before the deadline on your 30 days.  The tourist card costs about $20 dollars (U.S.).  If you are flying into the country, the fee will be added to your airline ticket charge.  If you are driving or entering by bus, you can pay this fee at any bank in Mexico (there is a bank representative at every port of entry). The bank will stamp your tourist card.  Make sure you have a valid credit card as sometimes the banks or immigration offices at the border will not accept cash for this transaction.

Immigration authorities can demand to see your tourist card at any time. It is prudent to carry the original or a copy with you at all times.   The original must be surrendered upon leaving Mexico.

FM3 - Temporary Resident - With this visa you do not create rights of residence in México; you are authorized for multiple entries and exits during the year, and have the right to apply for renewal on the anniversary date of your arrival.  Even though you own a house and are expecting to live in Mexico for many years, as long as you have an FM3, you will legally be considered a temporary resident.

If you are moving to Mexico, or desiring to stay more than 180 days, you will need an FM3. The initial FM3 can be obtained through a Mexican embassy or consulate in your home country before you depart. They will indicate what documentation is required, and will process the application.  DO NOT EXPECT THEM TO HAVE A VISA READY IN 2 OR 3 DAYS.  Give them lots of time even though they sometimes have the FM3 the same day or the day after.  These visas are valid for a year, so if you receive it early, its one less thing to worry about as you are preparing for your trip.  The FM3 must be stamped at the border or airport when you enter the country. 

It is very important to register your FM3 with the Immigration Institute (INM) when you reach the state in which you will be residing in Mexico.  The INM has at least one office in every state in the country.  Failure to register your FM3 may result in a fine and difficulty obtaining a renewal.  Sometimes the embassies or consulates do not make it clear that there is a difference between having your FM3 stamped at the border and having it registered in your state of residence, but both must occur.

FM3 - Requirements for a New Document (No working activities)
 
This process can be done directly or you can have an attorney specialized in Immigration Law complete the process for you.
The requirements for obtaining an FM3 are:

  • Official Application* (Issued by Instituto Nacional de Migración)
  • Letter in Spanish asking for a change of status in the country*
  • Proof of payment of fees for document*  (payment must be made at a bank and the forms stamped and copied before submitting application). 
  • Special Power of Attorney*
  • Passport (Original and copies)
  • Proof of Income** Translated into Spanish.
  • Proof of residence***
  • 4 front and 4 right profile pictures measuring 4x4 cm, with no jewelry or eye glasses; your hair must be off your forehead and ears;  cannot be on instant photo paper

*     Provided by the attorney when you go through a Legal Office. (# 4. applies only in cases where you do it through another intermediary)
**   You must prove that you have enough income to live temporarily in the country, with one of the following documents:
a) Three last bank statements from your Mexican bank, or
b) Letter from social security stating how much you are receiving per month, or
c) A letter from a financial institution or a company verifying your remuneration.
All these documents need to establish that you receive more than $1,200 USD income per month per person or have more than $13,400 USD in savings. If you own property in México, you only need to prove half of the amounts mentioned.
*** You must provide proof that you have a “temporary” address in the country (electric or phone bill). If the utility bill is not in your name you have to attach a copy of your lease.

FM3 - Requirements for Renewal (No working activities)

The documents required for a renewal are the same as for the original FM3, but your personal letter must request a renewal.

 

FM3 with Work Permit

If you know you will be working in Mexico, you can apply for an FM3 with permission to work, also through your Mexican embassy or consulate.  Alternatively, the company that intends to employ you in Mexico should process your application with the Immigration Institute. This will require a little more documentation including such information as:

  • Who you will be working for – a letter (in Spanish) on company letterhead from that person or organization will be required stating that they intend to employ you, what your duties will be, how much you will be paid, how long you will be in the country, where in the country you will be working and why they need to hire you specifically.
  • A copy of your degree/diploma/credentials, description of your capabilities, experience, expertise appropriately apostilled or legalized and translated into Spanish by a certified translator – it needs to be clear to the Mexican Immigration authorities what your specific and unique skills are, and why you can undertake certain tasks that a Mexican would not be able to carry out.

The visa will be issued with very specific permission to work in a given occupation for a specific company.  Be aware that changes to your job or to a different organization will require revision/renewal of the visa.  Try to be as generic as possible in describing the duties you will be performing so as to leave yourself some latitude in the actual work.  Similarly, if you can obtain authorization as a self-employed worker, you will have a lot more flexibility regarding which companies you work for.

If you don’t know whether you will be working once you move here, you can always revise your visa from inside the country when you decide what you want to do.  The same kind of documentation will be required.

FM3 documents are valid for one year, with the possibility of renewal 30 days before expiration.  A new FM3 must be acquired every 5 years.

                            

President Felipe Calderon

 

  • Immigrant

This is a person who lives in the country with the intention of staying permanently.  You create rights of residence. Commonly known as “FM2”, this status has restrictions on the number of days you can be out of the country and the number of times you can exit and re-enter the country each year.

FM2 - Permanent Resident - As with an FM3, you can apply for an FM2 before leaving home at a consulate or embassy of Mexico.  Your FM2 also has to be renewed annually on its anniversary date.  However, after 5 years with an FM2, you can apply for Immigrado Status.  With an FM2 you cannot be out of the country more than 180 days each calendar year. An FM2 costs more than an FM3.

FM2 - Requirements for a New Document  (No working activities)

This process can be done directly or you can have an Immigration attorney complete the process for you. The requirements for getting an FM2 are:

  • Official Application * (Issued by Instituto Nacional de Migración)
  • Letter in Spanish asking for immigrant status in the country *
  • Proof of payment of fees for document*  (payment must be made at a bank and the forms stamped and copied before submitting application). 
  • Special Power of Attorney *
  • Passport (Original and copies)
  • Proof of Income ** Translated into Spanish.
  • Proof of residence ***
  • 4 front and 4 right profile pictures measuring 4x4 cm, with no jewelry or eye glasses; your hair must be off your forehead and ears; cannot be on instant photo paper

*Provided by the attorney when you do it through a Legal Office. (# 4. applies only in cases where you do it through somebody else)

** You must prove that you have income enough to live permanently in the country, with one of the following documents:

a) Last three bank statements from your Mexican bank, or
b) Letter from social security stating how much you are receiving per month, or
c) A letter from a financial institution or a company verifying your remuneration.

All these documents need to establish that you receive more than $1,500 USD income per month per person or more than $20,000 USD in savings. If you own property in México, you only need to prove half of the amounts mentioned.

*** You must provide information that you have a permanent address in the country (electric or phone bill). If the utility bill is not in your name you have to attach a copy of your lease.

FM2 Requirements for Renewal (No working activities)

The documents required for a renewal are the same as for the original FM2.

FM2 with Work Permit

This process is basically the same as the FM3 with permission to work above, and the same documentation is required.

3. Immigrado

This is the person who has been in the country for more than five years consecutively with an “FM2”, and applies for the status of Immigrado.  Once you have this status, you do not need to keep renewing your immigration document.

FM3 or FM2?

This is a very common question.  What should I apply for?

FM3 - If you are planning to live in México for more than 180 days and you are not sure if this is going to be your permanent home for more than 5 years, you should apply for an FM3.

FM2 - If you have decided that you want to live in this paradise at least for the next 5 to 10 years, apply for an FM2.
You do not have to have an FM3 before applying for an FM2, despite many rumors to the contrary.  You can apply directly for an FM2.

 

Distribution of the Foreign Population Resident in Mexico, 2000

Region of Origin    Percentage
North America                63.2
Europe                             11.9
Central America             11.2
South America                 7.3
Asia                                    2.9
Caribbean                         2.4
Rest of America               0.7
Africa                                  0.2
Oceania                             0.1

Source: INEGI, XII Censo de Población, 2000

Citizenship

If you decide to apply for Mexican citizenship, you must contact the Directorate of Nationality and Naturalization of the Ministry of Foreign Affairs.  It has offices in every state in Mexico and a website.  The National Institute of Migration does not handle this procedure.

Customs

Tourists are allowed to bring in their personal effects duty-free. Failure to declare personal effects will result in their confiscation and a fine.  Travellers carrying more than US$10,000, or its equivalent in other currencies, cash, checks, money orders or any other monetary instrument, must declare the amount exceeding US$10,000.  Failure to declare it is a crime under Mexican law, often resulting in detention.

Dual Nationals

Mexico recognizes dual nationality for persons born in Mexico or abroad to Mexican parents. Under Mexican law, dual nationals entering and departing from Mexico must identify themselves as Mexican citizens.

Children

Any adult travelling with children may be required to show evidence of parental/ custodial and/or access rights. Mexican authorities may also require evidence that the adult has the consent of the parent(s), legal guardian(s), and/or the court to travel with the children. They may not permit children to enter or, in some cases, leave the country without proper documentation such as a notarized letter of consent or a court order.

Mexican law requires that if only one parent (or guardian) is traveling with a minor under 18 into Mexico, they must present a notarized letter from the child’s other parent (or guardian) giving permission to enter Mexico with the child.  The letter should include the dates of travel, the accompanying adult’s full name, contact information and a notarized signature.  A birth certificate or passport for the child is also essential.

Any child under 18 years of age traveling alone must have a notarized letter signed by both parents or both legal guardians granting permission to travel in order to obtain a tourist visa in Mexico.

Same Sex Marriages

Although same-sex marriages are legal in the United States and Canada, many countries or regions do not recognize them. Attempting to enter Mexico as a same-sex married couple may result in refusal by local officials. For more information, contact the Mexican Embassy or Consulate closest to you, or contact us and we will put you in touch with a Mexican immigration lawyer.