LEGAL MATTERS

Are you planning to work in Mexico?
Should you have an FM2 or an FM3?
By Robles, Lazo y Gallardo Law Firm • Photos by Jesus de Avila • June 2010

Migratory Forms –commonly known by their acronyms, FM2 and FM3- are the documents issued by the Government Ministry through the National Migration Institute (INM), which are granted to foreigners when they enter the Mexican territory.

If you are a foreigner, in order to enter in the country, either temporarily or with residential
purposes, you must do so under one of the following Migratory Statuses:

NON-IMMIGRANT or IMMIGRANT
To answer the initial question, it is necessary to mention the classification of the migratory characteristics that exist under the “IMMIGRANT” migratory status. If you want to work in Mexico as an IMMIGRANT, you will have to choose between one of them. Article 48 of the General Population Law enlists these Migratory Characteristics as follows:

“RENTER” (RENTISTA)
Is the person who lives from the resources he brings from abroad, the accrued interest for his investment on certificates, stocks and bonds of the state or national credit institutions, or of any income coming from another country.

INVESTOR
is the person who invests directly in Mexico, supervises an investment, represents a foreign company or performs any other kind of business.

PROFESSIONAL
is the person who has sufficient knowledge and skills to perform a professional activity.

POSITION OF TRUST
is the person who is named director of a company or comes to Mexico to
occupy a key position.

S C I E N T I F I C a n d / o rTECHNICAL
is the person who has specialized knowledge and skills to perform a scientific or technical job. We should mention that you would have to prove these knowledge and skills to get your migratory form.

Once you have chosen between any of the previous migratory characteristics to work in the country, you will need a permit issued by the Government Ministry, and also your immigration documents. In order to get them, you will need to fulfill several requirements. According to Mexican law, foreigners can only perform the activities that are expressly authorized by the Secretariat and therefore, you, as an Immigrant, would have the right to perform any activity, as long as such activity is legal and honest.

Which migratory status and what legal rights do you obtain with an FM3?

You acquire the migration status of a NON-IMMIGRANT, which is the foreigner who, with permission of the Government Ministry, enters into the country under one of the various migratory characteristics mentioned above. As a foreigner with an FM3, you have the right to remain in the country for one year; this permit shall be renewed yearly. After the fifth year, you may apply to the next migration status (IMMIGRANT) once you fulfill the corresponding requirements or you can remain being a NONIMMIGRANT with your FM3.

In case you get an FM3, you will need to get an extension yearly, and after the fourth extension, you have the right to apply for an FM2.

Which migratory status and rights do you acquire with an FM2?

The FM2 gives you the status of IMMIGRANT, which is a foreigner who is lawfully in the country with the purpose of settling in. The FM2 allows you to stay for up to 5 years in Mexico with annual renewals, until you acquire the Permanent- Resident-IMMIGRANT status. As a foreigner, you can get this status by changing from NONIMMIGRANT to IMMIGRANT.

The issuance of an FM2 is subjected to the migratory officers’ criteria in reference with the personal situation of the foreigner, among which are the following:

(i) if you have or had a marital bond with a Mexican and you were legally interned in the country for over 3 years prior the FM2 application, or

(ii) if you live or lived with a Mexican and you were legally interned in the country for over 5
years prior to the FM2 application; or

(iii) if you were appointed and continue being a tutor or guardian of a Mexican minor or mentally incapable; or

(iv) if you have stayed in Mexico as a Non-Immigrant for over 5 years prior to the application.

The advantages and disadvantages of FM2 / FM3 are:

FM3: As NON-IMMIGRANT you do not acquire a right to reside in the country.

FM3: You have the right to leave and enter the country without restrictions.

FM2: You have to keep in mind that as an IMMIGRANT, you have a limited number of visits out of the country. In case you leave the country for more than 18 months over a period of 5 years, you are not entitled to apply for the Permanent- Resident-IMMIGRANT status. Also, in case you stay out of the country for over two years, you lose your status as an IMMIGRANT.

In conclusion, once you have decided that you want to continue living and especially if you have decided to work in Mexico, it is certainly advantageous to get an FM2. If you have at least one of the characteristics required by the migratory officer’s criteria, you can aspire to the Permanent- Resident-IMMIGRANT status.

Robles, Lazo y Gallardo - Law Firm
E-mail: jgallardo@rlg.com.mx

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• Robles, Lazo y Gallardo, S.C. is a Law Firm of specialists in various areas of Law, including Corporate Law, Real Estate, Immigration, Foreign Investment, among others. The Firm is integrated with a group of highly qualified attorneys and has offices in Guadalajara (Privada del Niño No. 676, Fraccionamiento Camino Real, telephone number  33-3121-3010  33-3121-3010 ) and Puerto Vallarta (Carretera a Mismaloya No. 479 interior 107, Edificio Scala. Telephone number  322-223-3218  322-223-3218 ).E-mail: jgallardo@rlg.com.mx

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