As a significant number of Lakeside expats continue to agitate about how their lives will be impacted by Mexico’s new immigration law, the Reporter asked Chapala’s INM migration services chief Juan Carlos Galvan to clarify some key points of contention. Here is how he answered a dozen frequently asked questions.
Are foreigners required to complete four years under a temporary resident permit before applying for permanent residency?
No. Anyone can apply for permanent status at any time. However, after four years as a temporary resident you can automatically qualify for permanent residency if you file for the new status on that basis.
Do foreign retirees and pensioners who are already living here as temporary residents (i.e. admitted under the previous no-inmigrante or inmigrante status) have to leave the country in order to apply for permanent residency?
No, they may carry out the procedure through INM in Mexico.
Do the higher income or investment requirements referred to in the new law apply in considering such cases?
It depends upon the basis you elect for qualification. The individual filing for permanent residence as a jubilado (retiree) or pensionado (pensioner) must meet applicable financial standards. Income is not a consideration for those who are eligible under some other basis, such as changing status after four full years of temporary residency or establishing family ties to a Mexican citizen or a foreigner with permanent resident status.
Once someone completes the allowed four-year period as a temporary resident will he or she be allowed to obtain a new permit with the same status?
Yes. The individual must cancel the document, leave the country and go to a Mexican consulate to submit application for a new residente temporal permit. There is no limit on the number of times a person may obtain residency status for periods of up to four years.
Do all applicants for temporary status have to meet the income or investment bars?
Again, financial solvency is considered for those applying as retirees and pensioners, but there are various other ways to qualify.
I own a home in Mexico. Does the value my property count towards meeting the new investment requirements to qualify for temporary resident or permanent resident status?
The law only stipulates property ownership as a financial factor for persons applying for temporary residency.
What documents are needed to prove ownership and property value?
You need a copy of the deed showing the owner´s name and specifications of the property as well as the receipt for payment of impuesto predial (property tax).
If a person enters Mexico under a 180-day visitor (tourist) permit and wishes to return after it expires, is there a time restriction for obtaining another permit?
No, you may return to Mexico immediately or whenever you like.
How do you respond to some complaints that the Chapala staff is applying different and sometimes stricter criteria than INM offices elsewhere in the country?
We are simply following the letter of the law, regulations and guidelines as they stand at this point. They have been drawn up to eliminate discretionary decisions so there should be no discrepancy from one office to another. People may be confused in trying to compare one individual case with another without fully understanding variances in the basis for qualification as they apply to different types of permits. I urge foreigners to remain calm and patient as we all adjust to the changes.
Many expats report that INM has approved their applications for residency, but not yet delivered their new immigration ID cards. How long will they have to wait?
Honestly, I can’t say. All INM cards issued to persons who submitted applications after November 9 are being manufactured at the Talleres Graficos de México (government printing office) in Mexico City. We are told they will be sent to our office in bundles, but none has come through to date. Documents for those who applied before November 9 are being processed through the Guadalajara office, but there is a backlog there as well.
What should persons do if they need to travel outside the country before their cards arrive?
They will need a permiso de sálida y regreso (exit and reentry permit). The application will be resolved within three working days with payment of a 320-peso fee. The permit is valid for 60 days. (See full instructions at: www.inm.gob.mx/static/Tramites_LM/Estancia_LM/Expedicion_de_doc_Migratorio/Obtener_permiso_de_salida_y_regreso.pdf.) INM officials at the airport may extend such permits under confirmed emergency circumstances.
What dates will INM suspend services over the holidays?
Offices will close for business from December 20 until January 2. Those dates do not count in any specified time limits or work periods related to immigration procedures.