More information about the coming INM changes

Carol Schmidt of http://www.fallinginlovewithsanmiguel.com (and co-author of my book) has conducted an e-mail interview with the head of the INM office in San Miguel de Allende. Read the interview here.

Rolly wrote:Carol Schmidt of http://www.fallinginlovewithsanmiguel.com (and co-author of my book) has conducted an e-mail interview with the head of the INM office in San Miguel de Allende. Read the interview here.

Rolly - Thank you for the info. Am I correct in saying everyone will now have one card that will exclude homeowners from paying a 30% capital gains tax on their "primary" resudence?

Quoted from the letter "Expats can apply for permanent resident (like the old inmigrado) after only four years on a temporary resident visa."

Does that mean you need to have permanent resident in order to sell your house?

There is no info on that.

One point that is not covered in Carol Scmidt´s interview is whether current holders of "inmigrado" staus which will convert to "permanent resident" status will be able to continue to use the present inmigrado card or must go to INM for a new permananent resident card and if the latter process is the right one to follow, whether current inmigrado card holders will need to fill out new application forms and pay another fee. This may seem like nitpicking but, if the director´s timeline is correct, we will may be out of the country when the new regulations are implemented and don´t want to run into some bureaucratic problems upon our return flight to Mexico City. We also are required, at times, to show our inmigrado cards when driving - especially in Southern Mexico - and don´t need confusion on the parts of INM agents or young soldiers bearing arms.

One question not asked was whether current residency on a FM3 would count towards the new 4 year temporary resident visa. It would seem unreasonable to ask those of us in that situation to start again.

One other thing they do not talk about is the old requirement about not being out of the country for more than 18 months in 5 years.
If there is not such requirement any longer it would make sense that people who have been here for 4 years could apply but logic does not always prevail...
I guess there will be lots of people going to the border to sell their cars.
Knowing how the mind of bureaucrats works they will try to complicate everything so better change before they have time to complicate everything again.

The questions to the INM was poorly prepared and did not cover a lot of things, we still have to wait and see what will really happen.

We need to wait and see.

I was at the INM office this morning and it was awful. There are two sign up sheets, the sheet were the facilitators sign at 8am and the other. The facilitators were all over the two people who were there, cutting in line. and taking over the place. It got so bad that a woman who was there with her husband went to talk to the head guy at the back and than it got better. They saw 2 regular people in 2 hours.
One couple showed up and did their application right there , they took 45 minutes of the lady´s time, she should have told them to come back with a filled out sheet, the whole thing was pretty awful-
They are still talking FM2 and FM3. Several people had been told the fee was 1294pesos for the FM3 and were being told the fee had gone up by 157 pesos and many of them had to go back to the bank. Lots of unhappy campers this morning.
I asked if there would issue new Inmigrado cards and if we had to reapply, I was told yes but no hurry. I said I was leaving the country and needed to know if the old card would be accepted and I was told yes. I got out of there as soon as I could.
Boy am I happy I do not have to go there anymore.
A couple who had been here 9 years on FM3 and had already filed in for renewal ask if they could become Inmigrado and they were told it was too late this year but that they could do it next year .
It sounded like you could go from 9 years as an FM3 right into Inmigrado but again since they had already filed , it is hard to say if it is for sure.
Only future will tell.

Immigration fees have gone up about $150 to $400 pesos depending on the type of application. Regular FM3 renewals are $1,451, FM2 are $3,139.

As far as the new law, early indications are that you will be able to change / renew for periods of one to four years with costs for temporary residents being $3,130 One year, $4,690 Two years, $5,940 Three years and $7,040 Four years. Residente permanente will be $3,815 pesos.

Looks like annual renewals will be a thing of the past with the approval of the prior fees.

Reality is that the new law won't be taking effect soon, I'm guessing March or April at the earliest.

More to follow as it comes in.

I read on another forum a post made by someone who had talked directly to the head of the Immigration Office in his area and claimed to have been told that the new rules & regulations would DEFINITELY be going into effect on January 2nd. Maybe he received his information on December 28th too?

Dec 28th is a great da:y you can say whatever you want and then blame it on the day..
For the Chapala area I would go by Intercasa´s comments rather than that of the woman from San Miguel who interviewed the official in Guanajuato. It is not Jalisco so they could have different priorities.
The INM is still talking FM" and 3, I do not know if it is for ease of communication only but this morning there were no changes to the old ways.

Intercasa - I asked this above, but no one responded, bit i believe you might know.

Am I correct in saying everyone will now have one card that will exclude homeowners from paying a 30% capital gains tax on their "primary" resudence?

Quoted from the letter "Expats can apply for permanent resident (like the old inmigrado) after only four years on a temporary resident visa."

Does that mean you need to have permanent resident in order to sell your house?

Currently, per the notarios who collect and calculate the tax, FM2 (inmigrante) and then those will have to switch to Residente Permanente will be able to qualify for the exemption.

You can sell your house anytime you want but if you want to be exempt from paying the 30% you will have to be inmigrado. So get inmigrado when you have to reapply for your Fm3 since you have been here for more than 4 years and see what happens.

Intercasa wrote:As far as the new law, early indications are that you will be able to change / renew for periods of one to four years with costs for temporary residents being $3,130 One year, $4,690 Two years, $5,940 Three years and $7,040 Four years. Residente permanente will be $3,815 pesos.

Sounds like a penalty for not paying for more than one year. Double an old FM3 the first year and similar to old costs following years

Makes sense to encourage people to pay for a few years and not have to renew annually, less work for them and you.

Is that cost for multiple years in Pesos?

All prices here for government services are always in pesos.

Does this address the issue of foreign plated cars at all? Will it be possible to be residente inmigrante and keep an American plated car? What about the FM2/3? I really would not like to give up my old car, this is probably a decisive issue for me.

Correct me if I am wrong but the vehicle issue is Aduana and really is in no way controlled by Immigration.

Yes, aduana will set rules and has nothing to do with immigration, there may be cases such as arise now where FM2 (inmigrante) need to choose between having a foreign plated car and legally serving on the board of directors of their condo or association.