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Enrique Arellano Rincón Abogados, S.C. Providing Immigration Solutions for a Globalized World Global HR Forum September 23, 2008 Mexico City, Mexico Business Immigration in Mexico Mr. Enrique Arellano Enrique Arellano Rincón Abogados, S.C.

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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

Global HR Forum

September 23, 2008

Mexico City, Mexico

Business Immigration in Mexico

Mr. Enrique Arellano

slide2

Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

CLASIFICATION OF NATIONALITIES

Unrestricted group

  • Argentina
  • Australia
  • Belgium
  • Canada
  • France
  • Germany
  • United States
  • United Kingdom
  • And others
slide3

Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

CLASIFICATION OF NATIONALITIES

Unrestricted group

Regulated group

  • Argentina
  • Australia
  • Belgium
  • Canada
  • France
  • Germany
  • United States
  • United Kingdom
  • And others
  • Bolivia
  • Brasil
  • Bulgaria
  • El Salvador
  • Cuba
  • Marruecos
  • Peru
  • Colombia
  • And others
slide4

Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

CLASIFICATION OF NATIONALITIES

Unrestricted group

Regulated group

Restricted group

  • Argentina
  • Australia
  • Belgium
  • Canada
  • France
  • Germany
  • United States
  • United Kingdom
  • And others
  • Bolivia
  • Brasil
  • Bulgaria
  • El Salvador
  • Malaysia
  • Marruecos
  • Peru
  • Colombia
  • And others
  • China
  • Russia
  • Iraq
  • Croatia
  • India
  • North Korea
  • Libya
  • And others
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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

·FMT

·FM3

·FMVC

·FMN

Characteristics and Documents

In accordance with Mexican immigration laws, foreigners may enter Mexico, either to visit, perform a lucrative or non-lucrative activity or to live in Mexico as residents, under the following characteristics:

A) NON-IMMIGRANT

  • B) IMMIGRANT- FM2 visa
  • C) PERMANENT RESIDENCE- Inmigrado status
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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

NON-IMMIGRANT

Non-Immigrant Visas: A foreigner who enters the country with authorization from the Mexican National Immigration Institute. The person has plans to live in Mexico temporarily, for no more than five years. Entry is for a specific time period.

  • Tourists-Maximum stay of six months
  • Transmigrants-Maximum stay of thirty days
  • Visitors-Maximum stay of one year, with the option to extend four times for one year each
  • Consultants- Visitors-Maximum stay of one year, with the option to extend four times for one year each
  • Business visitors-FMN & FMVC-Maximum stay of 180 days of change of status to FM3 business visa valid for one year with the option to extend four times for one year each
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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

Multiple entries and exits

Permission to import an automobile

Permission to import household goods

Non-Immigrant - Long-term Visas - FM3

The FM3 visa is valid for up to one year 

  • Four renewals
  • One year each
  • Multiple entries and exits

If the FM3 holder wishes to stay in Mexico for more than five years, they may apply for a new FM3 visa or change status to an FM2 immigrant visa.

To obtain this visa the foreigner must apply to the Mexican National Immigration Institute within Mexico. The authorization is granted within four to eight weeks, depending on the nationality of the applicant.

Some of the advantages for Nonimmigrant foreigners who hold an FM3 are :

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Enrique Arellano Rincón Abogados, S.C.

a)Business visitors: Foreigners for whom the purpose of their entry is to negotiate or enterinto business agreements, to learn of new investmentalternatives, or to directly invest in the country.

b)Board Members: Foreigners who enter the country in order to attend the board ofdirectors’ meetings of companies legally incorporated in Mexico.

c) Specialists: Foreigners who enter the country in order to perform a specialized task.

d)Transfer of Personnel: Foreigners employed by a parent company, subsidiary or affiliate,who intend to perform managerial, executive or advisory functions for a Mexicancompany, or which entail specialized knowledge of the activities of such company.

Non-Immigrant - Short-term Business Visa - FMVC

The FMVC immigration form is the simplest way to enter the country for citizens of European Community who wish to remain in Mexico in order to undertake business activities for a maximum term of 180 days.

How to obtain this visa:

Free nationalities- obtain from the airline upon arrival to Mexico

Regulated nationalities-obtain from Mexican consulate closest to place of residence

Restricted nationalites-obtain with prior authorization from Mexican authorities

Those to whom this form applies:

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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

Business Visitors

Traders and Investors

Transfer of Personnel

Professionals

Non-Immigrant - Short-term Business Visa – FMN

This is classified as the NAFTA visa, which is available to Canadian and United States citizens who have the need to travel to Mexico as business people and whose stay will not exceed 180 days. This visa is obtained from the airline during the flight to Mexico or at the first port of entry into the country.

This visa is valid for these four categories:

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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

IMMIGRANTS

Immigrant - Long-term visas - FM2

This immigration status is for a foreigner who enters Mexico with the authorization from the Mexican National Immigration Institute. The visa holder plans to live in Mexico indefinitely, normally more than five years,and may engage in legal activitioes.

To obtain this visa the foreigner must apply to the Mexican National Immigration Institute within Mexico. The authorization is granted within four to eight weeks, depending on the nationality.

The FM2 visa holder may apply for up to four renewals of one year each.

Immigrants with legal residency within the country may acquire the immigration status of Permanent Immigrant, provided that they have abided by the legal provisions and that their activities have been honest and beneficial for the community.

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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

RESIDENT

Long-term visa - Permanent Resident- Inmigrado status

This immigration status is for a foreigner who enters the country as an immigrant and has acquired the rignts to reside permanently in Mexico.

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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

APPLICATION PROCEDURE, DOCUMENTATION & DENIED VISAS

How to obtain an FM3 lucrative or non-lucrative visa:

Two basic ways to obtain an FM3 visa, whether for lucrative or non-lucrative activites.

Entry Permit

This immigration document authorizes the applicant to perform his or her specified activity Mexico,

The authorization is granted in Mexico by the Mexican National Immigration Institute. When the authorization is obtained the approval is sent to the Mexican consulate closest to the place of residence of the applicant.The applicant must pick up the visa and finalize the process at the Mexican consulate before entering Mexico.

This process applies to any nationality and activity. It takes from 4 to 8 weeks to complete depending on the nationality of the applicant.

Change of Immigration Status

The process consists in changing the status of the foreigner’s visa upon arrival to Mexico. The tourist visa or the FMN or FMVC visa is exchanged upon arrival to Mexico for a Non-immigrant or Immigrant visa.

This process applies to any nationality and activity. It takes from 4 to 8 weeks to complete depending on the nationality of the applicant.

Documentation Requirements: All required documentation must be complete. These procedures cannot be initiated until the applicant and the company have compiled all the required documentation.

Procedure for a Denied Visa: In the case that a visa application is denied, a second revision of the case may be requested at which time additional documentation will be required to present to the immigration authorities in an effort to request reconsideration of the case.

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Enrique Arellano Rincón Abogados, S.C.

Providing Immigration Solutions for a Globalized World

Perspectives for the future:The Mexican National Immigration Institute has established these goals as top prìority for the present and for the future:

  • To improve the control and verification of the flow of immigration procedures through the simplification of the processes.
  • To respect and protect the rights of the immigrants at all times through the diffusion of information, improved training for immigration officials and the enforcement of strict penalties by the government for those who do not adhere to these guidelines.