This is part three of a series of articles on the Mexican “Ley de Migración” which was published on May 25th, 2011. This piece deals with the classification of PERMANENT RESIDENT and also with the provisional articles of the law that explain how the old migratory qualities (No-Inmigrante / Inmigrante / Inmigrado), or migratory statuses, are going to be converted into the new migratory conditions.
The new Permanent Resident classification in the Mexican immigration system will take the place of the old Inmigrado status. The remaining text of Article 52 of the new migratory law mentions the classification of PERMANENT RESIDENT, the foreigner who may remain in Mexico for an indefinite length of time, but later on in the law it is explained a little better:
Article 54. The condition of permanent resident will be granted to the foreigner who belongs to any of the following postulations:
I. By reason of political asylum, recognition of the refugee condition and subsequent protection, or for the determination of apatriot (not having a country), having complied with the requirements established in this law, its regulations and all other applicable legal provisions;
II. By right of preservation of the family unit as mentioned in Article 55 of this law;
III. Those who are retired or receive an income from a foreign government or international organization or private company for services rendered abroad that allows them to live in the country;
IV. By decision of the Institute, according to the points system which will be established following the terms of article 57 of this law;
V. Because four years have passed since the foreigner obtained temporary residence;
VI. By having children of Mexican nationality by birth;
VII. By being grandfather or grandchild of a Mexican by birth.
Foreigners who are granted the condition of permanent resident will have the possibility of obtaining permission to work in exchange for remuneration in the country subject to an offer of employment, and will have the right to enter and exit national territory the number of times they desire.
Also, permanent resident may introduce their property, in terms of the applicable legislation.
Questions related to the recognition of the condition of refugee, granting of complementary protection and the determination of apatriot, will be guided by the applicable international treaties and conventions of which Mexico has taken part.
Pay attention, there are some big changes here. For purposes of this article, I will assume that nobody is a refugee, so we will skip over that part. The next fraction talks about preservation of the family unit: wives, children, siblings, and parents of other PERMANENT RESIDENTS have the right to apply for permanent residence, following certain guidelines.
Under this new law, if the regulations don’t change the application significantly, retirees and people who receive other income from outside of the country will automatically qualify for PERMANENT RESIDENCY, which in the author’s opinion will promote economic growth in Mexico.
Another important point mentioned in Article 55 is that PERMANENT RESIDENTS may bring with them their property, which would seem to be the menaje de casa that was previously only allowed for tourists, non-immigrants and retirees.
Another big change outlined in this law is the points system, which explained vaguely in the following article:
Article 57. The (Ministry of Government) may establish, by means of administrative regulations, which will be published in the official national newspaper, a points system so that foreigners may acquire permanent residence without complying with the four years of being a TEMPORARY RESIDENT. Foreigners who enter into national territory by means of the points system will have permission to work and will have the right to the preservation of the family unit as signaled in article 55 of the law.
The Ministry, through a system of points, will permit foreigners to acquire PERMANENT RESIDENCY in the country. Said system should consider the following:
I. The criteria to enter via the points system should take into account the recommendations by the Labor Ministry for the establishment of quotas, requirements and procedures for entrance into national territory;
II. The capacities of the applicant, taking into account his education level, labor experience, aptitudes in areas related to the development of science or technology, international recognitions and aptitudes to perform activities that are needed by the country;
III. The procedure to solicit entrance through said system.
To really understand how the points system is going to work, we will have to wait for the regulations to the law to come out. Hopefully, all the speculation that we have seen on the internet and taken part in ourselves it going to be true and the new migratory law will make the experience of getting a migratory document quick and painless, therefore allowing us all a little more time to dive, fish or just relax on the beach.