New regulations for Immigration Law - International Law Office

On September 28 2012 new regulations for the Immigration Law were published. The new regulations are set to become effective on November 9 2012.

The provisions of the new Immigration Law, published on May 25 2011, will also become effective on November 9 2012.

Documents issued before the entry into force of the new Immigration Law which allow foreigners to stay in Mexico legally (ie, foreigners with non-immigrant (FM3) and immigrant (FM2) status) will be valid until the expiration date of such documents.

With the enactment of the new law, new legal stay conditions will be used in Mexico, as follows:

• visitor;
• temporary resident; and
• permanent resident.

The new regulations match the migratory characteristics of the General Population Law with the new types of stay, as follows:

• visitor status – such visitors are not permitted to carry out remunerated activities – for example, a non-immigrant who is:
  • a tourist;
  • a transmigrant;
  • a distinguished visitor;
  • a provisional visitor;
  • a cult minister;
  • a correspondent (journalist);
  • a business person; or
  • any other visitor staying in Mexico under the FMM migratory document (ie, for non-profit activities and for a maximum 180-day stay);
• visitor stay status – such visitors can carry out remunerated activities, that is, foreigners who have entered Mexico with the FMM document which authorises them to receive an income;
• temporary residents with an FM3 document – such temporary residents must consider the respective extensions of their migratory document;
• temporary residents with an FM2 document, with its respective renewals or extensions; and
• permanent residents.

For further information on this topic please contact Edgar Mayorga at Goodrich Riquelme y Asociados AC by telephone (+52 55 5533 0040), fax (+52 55 5525 1227) or email (emayorga@goodrichriquelme.com).