As real estate agents, we receive these requests with questions on immigration. We are not experts in immigration or fiscal residency. We should provide basic information and then direct clients to professionals in immigration and accountants who can help with registration into the SAT system to be recognized as fiscal residents.
The status can help with getting bank accounts, claiming expenses as deductions if working in Mexico, and helping with costs associated with capital gains in the future if they sell their property.
The information below is an essential guide to the categories of visas a visitor can take while in the country.
Visitor: This first status encompasses non-working visitors (a typical tourist), working visitors, visitors for adoptions, and humanitarians. It is valid for 180 days. These permits will still be handed out from the airlines, ship, or at the border. It’s essential to keep your tourist visa with your passport.
If a tourist wants to upgrade their status to Resident Temporal or Resident Permanente, they must leave Mexico after 180 days and apply from their home country. INM has released new regulations to explain how tourists can begin the residency application process by applying online or at their Mexican Consulate.
The permanent and temporary immigration categories require an application from the nearest consulate to where you live in your home country. Locate the closest consulate to where you live now through this link: Mexican Consulates in the US and Canada. Use the immigration application from the local consulate website and create an appointment.
Gather the required documents for your appointment as outlined below. After your consulate meeting and you are approved, you will receive your temporary immigration visa from the consulate, and you will have 180 days to return to (or arrive in) Mexico to complete your process at the local immigration office; they will issue the actual visa.
They will also require additional documents, including local proof of address, a current utility bill, or your letter about your purpose for living in Mexico. That process is usually completed within 3-12 weeks, depending on the volume at the office.
Resident Temporary: The second status category. With this status, temporary residents may enter and leave the country as often as they like. Obtaining a work visa is possible, and there is a 4-year limit. Foreigners who have obtained this status meet qualifications such as their profession and financial status that would benefit Mexican citizens.
As you apply from the US or Canadian consulate, you will get a sticker in your passport, but the actual Resident Temporal Visa is issued in Mexico. Your temporary travel permit is good for 30 days from the day you cross the border. Once in Mexico, you must appear at your local INM office and finish the application process. Every consulate is different, so gather and provide as much documentation as possible at home first.
Resident Temporary Student: Exchange students, researchers, and educators comprise the third status category of Student.
Resident Permanent: With this fourth status, you may stay in the country indefinitely, have the right to work, and do not have to renew your status. Permanent residency can be granted after 4 years of Temporary Residency or may be applied for immediately if you meet the investments/income criteria.
This article is based upon legal opinions, current practices, and my personal experiences in the Puerto Vallarta-Bahia de Banderas areas. I recommend that each potential buyer or seller of Mexican real estate conduct his own due diligence and review.
