“Vehicles should only be registered by foreigners holding a residence visa”

You should obtain a Temporary or Permanent Visa before buying and registering a vehicle as you will be required to provide a CURP number at some point, which you receive from having a Resident Visa.

In other incidents you may hear of the car dealer providing tourists with a generic RFC in order to make the sale, again we recommend you complete your immigration process and receive a valid CURP so then after you can request an RFC. Depending on the State the CURP should only be assigned through your residency and issued by INM Instituto Nacional de Migración, in person or online or by Registro Civil.  In Playa del Carmen INM issues the CURP.

If you are in the market for a used car and find one you are interested in buying be sure the seller can provide the original factura (receipt) of the car, you will need this receipt in order to register the car. If the seller does not have the original receipt, you should move on and find a different vehicle.

The seller should provide tax receipts for previous years if the seller does not have them you would have to go to the licensing center and pay for a print out of all the past receipts and pay the balance owed.

Preparing to Purchase and Register a Vehicle:

• Make sure the vehicle is not recorded as stolen by entering the vehicle’s information into this government website; https://www.repuve.gob.mx/repuve
• Get recommendations for a reliable mechanic to inspect the car before you agree to purchase it, it is very inexpensive and can save you a lot of grief down the road.
• The original invoice of the vehicle with the names and signatures of the previous owners written on the back, attaching a copy of their identification.
• Check the VIN and the registration to ensure it matches.  
• Ask for proof that the seller has authority to sell the vehicle.
• Tax receipts from previous years when the Tenencia was in effect, if the tax is outstanding, you will need to pay it before registering the vehicle.
• Before you pay for the car, the seller should attend the Registration office with you to do the transfer of ownership. The Playa del Carmen office is located at 15th Ave., at 1st Street Sur.
• Bring original and copy of your passport, residence visa,
• Proof of address, a utility bill, title deed, or rental contract.
• CURP Clave Única de Registro de Población (Unique Population Registry Code).
• Buy insurance; it is mandatory to have liability insurance for your vehicle. Choose a policy which includes a bail bond and legal representation in the case of an accident and injury. If you are in a serious accident you will be detained, be sure to purchase insurance from a broker who is available if you need assistance.
• It is essential to consider that the vehicle registration tax is annual, and the change of license plates is made every 3 years, depending on the year of change of plates, the payment must be made.

Buying a new car at the dealer may be a less complicated option, with the benefits of a new car warranty, guaranteed to be free of liens and some car dealers have been known to do the registration for you for a fee.

If you are interested in learning more about the residency process in Mexico or are ready to apply for your Mexican residency, please contact Mexlaw’s Immigration Services Department today: contact@mexlaw.com

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1. Stay at the property you are considering, do not rely on videos or brochures.
2. Realize that a timeshare should not be considered an investment, you are buying the right to use the property. The resale value is likely to decline over time.
3. Nothing in this world is for free, and if it sounds too good to be true, it is. Do not accept the salespeople’s gifts and offers if you are not genuinely interested in purchasing a timeshare.
4. Do not sign anything under pressure, making impulsive decisions will only lead to regret, take the time to review the contract with an attorney, walk away if the salesperson claims the contract must be signed on the spot.
5. Get it in writing, all the financial obligations of the timeshare, including maintenance fees and assessments. Ensure the benefits plus any promises the salesperson has made are included in the contract.
6. Verify that the contract has an official registration number issued by the Federal Consumer Protection Agency.
7. Research the company to confirm the business is legitimate and find out if there are any complaints reported against the company.
8. If the timeshare development is under construction, make sure your deposit is kept in a legal, insured escrow account.
9. Understand that a timeshare by any other name it is still a timeshare:
   • Vacation Ownership
   • Fractional Ownership
   • Vacation Club
   • Fixed Week Ownership
   • Points Program
   • Vacation Program
10. Know your rights; there is a five-day grace period to cancel a timeshare contract. The salesperson may have convinced you to sign off on your right in exchange for a bonus gift. Regardless you still have the right to cancel; we recommend contacting a Litigation law firm in Mexico if you feel you have been a victim of a scam.

The post 10 Precautions to Consider Before Buying a Timeshare in Mexico appeared first on MEXLAW.

Temporary Residency Visa

This visa is designed for foreigners who intend to stay in the country for more than 180 days and up to four years. The temporary resident card will only be granted for one year. After the first year, temporary residents can apply for one, two or three years renewal of the temporary resident card.

Depending on the category you wish to apply under you will submit the following information. Check with the consulate in the state you plan to apply in as the exact dollar amount may be different from state to state and fluctuate with the exchange.

• Real Estate Owner in Mexico:
  • Original and copy of Deed executed before a notary public attesting that the foreign person owns property with a value in excess of $227,000 CD/$174,000 USD.

or

• As an Investor:
  •  Documentation of the Mexican entity executed before a Notary Public, or document duly certified stating that foreign person participates in the capital of the Mexican corporation. Also provide proof that the investment amount exceeds $113,500 CD/ $90,000 USD which may be furnished by contract for the sale of stocks or shares, property or rights for the Mexican entity or document certifying the latter amount contributed by way of participation in the share capital, original and copy issued; or
  •  A document certifying the ownership of chattels for the foreign legal entity, with a value in excess of $ 113,500 CD/$90,000 USD, in original and copy; or
  •  Documents which support the development of economic or business activities in Mexico, which may be credited, declarative but not limited to, contracts, service orders, invoices, receipts, business plans, licenses or permits. Also provide a certificate issued by the Mexican Social Security Institute stating that the foreign person’s employer has at least five workers, original and copy.

If you do not wish to have investments in Mexico you may apply under:

• Financial Solvency:
  • Provide the original and copy of proof of investments or bank accounts statements showing an average monthly balance of $32,000.00 Canadian dollars/ $25,000 USD during the last twelve months;

or

Provide the original and copies of documents proving employment or pension tax- free with a monthly income by an amount greater than $1,900.00 Canadian dollars/$1,500 USD during the past six months.

Photo: Agency

The Application Process is completed in two steps:

The process begins with an interview at a Mexican Consulate outside of Mexico and finalized in Mexico by doing something called canje (exchange) at the INM (Instituto Nacional de Migración)

Total time of this procedure is approximately three months in the Riviera Maya; other states may have a different wait time.

Requirements:

• Printed application visa form, on both sides, duly completed and signed.
• Passport or identity card and valid and current trip, original and copy of the page where the photo and personal data appears.
• A small photograph with unveiled face, without glasses, front, colored with white background.
• Payment of fees in cash for the issuance of visa.

Exchange (CANJE)

• Original and copy of passport
• Original and copy of visa
• Proof of address
• Two front and one right profile photos ( 2.5×3.0 cm, white background, uncovered forehead, no earrings, no necklaces, without smiling)

Benefits of Temporary Residency:

• Temporary Residency allows the holder to get a registration number called CURP    ( Clave Unica de Registro de Poblacion).  CURP holders are permitted to open bank accounts, legally register a car, possibly avoid paying capital gains tax on the future sale of a Mexican home, plus other benefits.

Important to Know:

While your visa is in process and you enter Mexico with pre-authorized visa, you need to remain in the country for a minimum seven business days before requesting permission to travel. Leaving without permission will cancel your visa.

If you have questions about Immigrating to Mexico, contact vela.a@mexlaw.ca

The post Qualify for a Temporary Residency Visa by Investing in Mexico appeared first on MEXLAW.

Keep these points in mind when selecting your attorney:

• Do they have a proper website and an established office in the area, avoid an attorney that works out of the coffee shop.
• Seek recommendations from people you know and explore expat forums, you should take their comments with a grain of salt, but you will get a good understanding of which firms can be trusted and which to avoid.
• Choose an attorney that speaks your language, typically an international law firm will have both Spanish and English speaking representatives.
• Research their qualifications and how many years of experience the attorney has.
• Follow your gut, be aware of how you felt about the introduction, you can get a sense of their character during the first meeting.
• A good law firm will provide a fee structure and estimate upfront, in the case of real estate purchases they should provide Estimated Closing Costs, so you are not surprised in the end.
• Find a company that can handle all your legal matters in the future including immigration, real estate purchase or sale, business, and incorporation, accounting, and litigation.
• An international firm has the knowledge and connections of the Mexican lawyer accompanied with the professional standards of Canadian and American certified lawyers.
• An international company has the authorized to provide you with fully insured Escrow Services.
• If you are buying real estate in Mexico, you want a lawyer who will guarantee title on your investment.

By choosing MEXLAW, you will receive the benefits of an international firm experienced in all areas of law. MEXLAW is the only Mexican-based law firm that is owned and operated by licensed Canadian and American Lawyers partnered with Mexican lawyers.

The post Foreigners Living, Retiring or Investing in Mexico, Choosing the Right Attorney appeared first on MEXLAW.

Mexico has a complete legal policy on immigration, which is primarily regulated by the Migration Act and the General Population Act, among other laws, affecting both Mexicans and foreigners.

In this newsletter, we will focus on explaining the different methods by which foreigners wishing to visit, either for tourism, business, retirement, work, study, or for those seeking permanent residency in Mexico or Mexican citizenship

Firstly, we look into the classifications of a foreigner in Mexico:

a. Non-immigrant: this is a person who, with the permission from the Ministry of the Interior, enters a country temporarily either as a: (i) tourist; (ii) trans-migrant; (iii) visitor; (iv) religious minister; (v) political asylum; (vi) refugee; (vii) student; (viii) correspondent.

b. Immigrant: this is a person who is legally in the country with the purpose of settling there, and will become a migrant: (i) an annuitant; (ii) an investor; (iii) a professional; (iv) a person in a trustworthy work position; (v) a scientist; (vi) a technician; (vii) family members; (viii) an artist and athlete; (ix) a freelancer .

c. Migrant: this is a person who acquires the rights of permanent residency in the country.

The type of permit (visa) assigned and granted by the Ministry of the Interior depends on the reasons for which the foreigner seeks to enter and remain in the country, which include the following:

a. Visitor Visa WITHOUT permission to participate in income generating activities. It allows the foreigner to remain in the country for no more than 180 days consecutive days from the date of admission. This visa is automatically granted to tourists entering the country;

b. Visitor Visa WITH permission to participate in income generating activities. This authorizes the foreigner to remain in the country for no more than 180 days consecutive days from the date of admission.

c. Visitor Visa for adoption proceedings. This authorizes the foreigner who is following an adoption process in Mexico to remain in the country until the time in which the adoption proceedings have been resolved, the adoptee is registered in the Civil Registry as well as receiving a passport and all the necessary paperwork has been issued which guarantees that the adoptee is able to leave the country.

d. Temporary Resident Visa. This authorizes the foreigner to remain in the country for a period not exceeding four years. The applicant is entitled to carry out specific activities either for profit or nonprofit, depending on the classification of the visa. The foreigner must also prove that they have sufficient funds to stay in the country and/or have a steady income.

e. Temporary Resident Student Visa. This authorizes the foreigner to remain in the country for the duration of the academic course they have attested they will be completing in an educational institution that is within the national education system.

f. Permanent resident visa. This authorizes the foreigner to remain indefinitely in the country. This visa will be granted when the applicant fulfills any of the following circumstances: (i) political asylum; (ii) the right to preserve the family unit; (iii) pensioners who receive a pension from a foreign government and which allows them to live in the country; (iv) four years have passed since the foreigner has had a temporary resident visa (two years if they are legally married to a Mexican spouse or the spouse has permanent residency); (v) when the foreigner’s children were born in Mexico and were nationalized at birth; (vi) for being the lineal descendant to the second degree of a Mexican by birth; and (vii) by decision of the National Migration Institute.

Visitors, except those who are in the country for humanitarian reasons and who have links with a Mexican or a foreigner with permanent residency in Mexico, will not be able to change the conditions of their stay and will have to leave the country once they have completed their full period of authorized residency.

Temporary and permanent residents have a period of thirty calendar days from the date of admission into the national territory in which to negotiate with the Institute for the corresponding residency card, which will then remain in effect for the designated time period of stay. With this card, the regular migration status in the national territory will be authorized while it is in effect.

Additionally, the foreigner will have certain obligations, such as: (i) register with the National Register of Foreigners; (ii) notify the National Migration Institute any changes in their immigration status (such as marital status, nationality, home address, place of work) within 90 days of any such change.

You can apply for your visa in person or hire a representative for advice who can apply on your behalf and do all the paperwork.

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