Mexico’s recently implemented Ley de Migracion remains a topic of keen interest among lakeside area expatriates as demonstrated by the huge turnout at the January 18 information session led by Chapala immigration services (INM) chief Juan Carlos Galvan. Based on a rough head count, more than 350 people crammed into the main patio at the Lake Chapala Society (LCS) grounds.
“We finally found a subject people are interested in!” quipped LCS executive director Terry Vidal as he introduced the guest speaker.
The event was a two-way learning experience for those in attendance. Those in the audience found out that Galvan holds a strong command of the English language, requiring little assistance from interpreter Aurora Michel as he outlined ways to qualify for different immigration permits and fielded a stream of specific and sometimes repetitive questions.
The official also experienced a revelation when he asked for a show of hands by those who are interested in obtaining permanent resident status. Well over half of the crowd responded in the affirmative. “I was surprised,” Galvan later told the Reporter. “I expected maybe 20 people would indicate they were leaning that way.”
While much of the information offered at the presentation — including that contained in a printed hand-out — has been divulged in previous articles published by this newspaper, repetition of salient points that came up on this occasion may be of value to those who were absent or bailed out early.
Galvan opened by outlining the three broad categories of INM permits contemplated in the new law and relevant changes that now apply.
Visitante (visitor) permits are valid for a maximum stay of 180 days. During that period the holder is allowed to open a bank account, make investments, purchase real property or get married in Mexico without special permission. Persons who are granted shorter stays when then enter the country may apply for an extension for the full 180 at any INM office.
Once that time is up, most individuals will have to leave the country. Applications for a new type of permit must be submitted to Mexican consulate offices abroad. Foreigners who have married or established family ties to Mexican citizens are exempt and can request a switch in status through INM.
Residente Temporal (temporary resident) permits are good for up to four years. All persons living here under no-inmigrante or inmigrante status granted before the law changed now automatically fall into that category.
The status expires definitively 12 months after the holder obtains the third renewal permitted under the new law, or a fourth renewal as allowed under the prior system. In the 30 days before its lapses, there is an opportunity to apply for permanent status without proving investments or pension income levels that were bumped up considerably as of last November. Otherwise they are obligated to leave the country, with options to apply for a new four-year permit through a consulate or return under 180-day visitor status.
Galvan pointed out that those who already have temporary resident permits are not required to meet the new financial solvency bar when filing for their remaining renewals. However, it is taken into account if they decide to start over as retirees or pensioners in the same category once their four years run out.
In that case, the requirement at 2013 rates is an average monthly balance of 1,295,200 pesos in investment holdings over the last 12 months or real estate ownership deeds valued at $2,590,400 pesos or statements proving monthly income of $25,904 pesos. Regulations do lay out alternative pathways that may be followed in lieu of the retiree qualification route, such as job offers, investment in a Mexican enterprise or proof of family ties in Mexico.
Considering the trend towards permanent residency, Galvan’s explanation of how to go in that direction is relevant to many expats.
Temporary residents may apply for permanent status at INM at any time without having to leave the country. Individuals who choose to wait out the full four years of their permits can qualify automatically for the switch. Those who apply for the change beforehand are generally subject to meeting the new investment or income standards. (At current rates, average monthly balance of 1,619,000 pesos in investment holdings over the last 12 months or statements proving monthly income of $32,380 pesos.)
Couples can get around the income/investment guidelines for each party if one obtains permanent status first and the spouse subsequently applies under the family tie pathway.
Those who previously obtained inmigrado status automatically rank as permanent residents. For the time being INM booklets and ID cards issued prior to November remain valid, although notifications requiring exchange of those documents for new cards may be issued down the road.
Issues about foreign-plated cars and capital gains tax on property sales that are of concern to many expats were left up in the air, being out of the scope of Galvan’s authority. Michel offered to pursue reliable answers on such matters in the near future.
Galvan reports that newly issued INM documents have started to flow out of Mexico and reach his desk since mid-month. Anyone waiting for their cards should check in at the Chapala office to ask if they have arrived. While sensing that expats are starting to relax as they gain a firmer grasp on the new rules, he said, “I’m willing to hold as many public encounters as needed to clarify questions and set everyone at ease.”