vehicles and FM2-3 now permanent resident

FYI - the answer has arrived! Immigration replied to my email rather quickly () and let me know I can get a "safe return" permit from SAT once my car is fixed. Once it's issued, I have 5-days to get my car to the states.
"En cuanto a su Vehículo, deberá contactar al Servicio de Administración Tributaria (SAT) http://omahttp://www.sat.gob.mx/aduanasPortal/Paginas/index.html#!/inicio una vez que este haya sido reparado con la finalidad de poder retornar el vehículo a los Estados Unidos con un Permiso llamado "Retorno seguro" http://omahttp://www.sat.gob.mx/aduanasPortal/Paginas/index.html#!/temporal."

lpg wrote:
    The decision to obtain a Perminente Tarjetta should never be taken lightly. There are some very significant differences between all the types of Cards, length of stay, renewability, right to hold property, right to work, are a few of the major differences.
And there are many subtle (and not so subtle) requirements with each class.
For the vast majority of Visitors who just want to "vacation" but stay longer than 180 days and who want to return repeatedly plus enjoy the right to drive their "foreign" car without importation, hold property etc. the status of "Temporary" is the perfect solution especially if you hold real property which really isn't worth very much.
The Perminant card is much more restrictive but also comes with additional benefits such as "working", never requiring renewal and especially, the often overlooked tax benefit upon your death (assuming you hold real property of significant value).
And of course the FMM - 180 day tourist card.
All cards require you to update your address in Mexico. The frustration is with all things Mexican, the process is excruciatingly slow.
Before deciding what class of card is right for you, consult a lawyer. And even though you have not made the best decision for your situation, ie: Perm instead of Temp, I suspect even that is fixable. But please, get some legal advise. If you stay away from the "Migracion expeditors" and consult with a bona-fide attorney you will find them both very affordable and very thorough with their explanations.
But to stay on point, yes, you must have an exit card (same as most other Countries) and of course, an entry card as well. That's always been the law. Don't like it, the only solution is don't come. The problem is that many visitors assume past practices of enforcement constitute the law but that's not true.
With an FMM, you return the portion you were given when you entered, that's your exit card. If nobody is available to collect it, you mail it back noting the date of exit.
With either Temporary or Permanent status: those cards constitute your entry card and are what you present when you enter Mexico. So now for the "exit" process. At the border or airport take your Temp or Perm card and your passport to the Immigration counter and get your "SPECIAL FMM". You fill out your name and passport number along with your status card number and YOU MUST CHECK THE CORRECT BOX indicating this is an exit, so if you don't know, just ask. The Immigration Officer will keep one portion (your "exit" card) and give you the other which you DO NOT LOSE. And when you re-enter in the future just give Immigration that portion of your "special" FMM along with your passport and status card (Temp or Perm). And that proves you have complied with the "exit" law. Voila, Welcome to Mexico.
You mentioned your cars, look, the law basically says you can keep your foreign plated car in Mexico for as long as your residency allows, but your foreign plated car must be removed at the end of that term. So since both the FMM and the Temp status cards have ending points at which time you must leave (either 6 months, or 1 yr up to 4 yrs). And if that is important to you then what in the heck are you doing with Perm status? You selected that, didn't you? Since Perm status has no end point, a foreign plated car cannot be brought (Temporarily Imported) into the country using that card.
And this law is similar in the US. You have two weeks to register your car in the State you are residing in the US. Vacationers' are exempt (same as Mexico). California is particularly brutal about this, if the CHP stops you are finds you have a California Drivers License but a vehicle licensed in another State.......... TICKET.
So don't get so frustrated with Mexico, as you delve into laws you will find more similarities than differences. But the biggest problem occurs when people assume that Mexico is the lawless "wild west".
Anyway, the law about how the exit correctly is the same regardless of your method of travel, air, vehicle or walking.
Best of Luck
Bob

lpg wrote: EVERYONE now needs to obtain a FMM card upon crossing the border. Residents are not exempt, but we do it in reverse. We get our FMM on the way OUT and we retain the opposite half of the card that a tourist does, which we turn in upon return. We (or the agent) usually take a big felt marker and write RP or RT in big bold letters on the top of each half of the card so there is no mistaking that we are residents. That is important because if you re-enter Mexico designated as a tourist, your visa will be cancelled.

The biggest concern as far as cars are concerned is that we let a Mexican National, without US license, drive a car registered in US-Canada. That is a recipe for disaster as highway police (Federal de Caminos) can stop, take car, and will be very difficult to get back. They are watching airport drop-offs., Having been Baja Sur resident for 25 years, I even make sure, if pulled over, not to let them know I have Mexican Citizenship, to avoid potential drama---- Having a Foreign license is legal, they just try to scare you. The current registration of cars in S Dakota seems to be working well for many. It is easy, fast, and legal. Although I am a Buenavista resident, I am spending half my time in Tijuana, working on couple projects for BCS. We also just opened a commercializadora, with my girlfriends' family's Importing Agency (Agencia Aduanal) We have and will continue to import-ship anything into-out of Mexico. (Her family imports approx 300 cars/ month+ all merchandise) Our stateside office opens next week in Otay Mesa. Feel free to contact me with any questions regarding cars, merchandise, and ways to avoid potential headaches. Peter bajasunrise @at() gmail.com

. Re: Vehicle Importations
    Posted by:  car_go_van
    Date: Tue Aug 26, 2014 11:59 am ((PDT))
 

 Nogales Tel  631-31-52571 Nex  62*259663*2 Cel Mex 045 6311201015  USA cel 520 841 6797 Email ancomercial@hotmail.com

Updated July 31, 2014 The importing of a vehicle by a foreigner (U.S. and Canada) is not really that difficult and has become more necessary with some of the immigration law changes in here in Mexico. It is in fact according to Mexican Customs (Aduana) it is illegal for a permanent resident of Mexico to drive a foreign plated car.

This has been debated by many people and I’ve been told it is not true; however if you ask the Federales de Camino or Aduana, they will in fact tell you it is Mexico Federal law.

Since it is a Federal law many of the local police in different cities may tell it is okay to drive a U.S. plated car as long as they hold a U.S. license. Yes, in fact as far as THEY are concerned it is legal but it is not according to the Federal authorities and they are the ones that could confiscate your vehicle.

It has already happened repeatedly at the Cabo airport and I spoke to the U.S. consulates office who explained that lawyers are trying to recover almost 50 vehicles at this time

What do You do When You Have Completed 4 Years of Temporary Residency?
If one wants to continues on another 4 years on a fresh Residente Temporal, then when that expat completes 4 years on a single FM2/FM3 or Residente Temporal permit, the formal rules say they must leave Mexico and return to their home country to file at a Mexican Consulate for a new Residente Temporal permit... or switch to 6 month Visitante permits and go to the border every 6 months to renew.
ALTERNATELY:   SOME local INM offices do now process applications for new Residente Temporal permits for previous RT's who have just completed 4 years of temporary residency (aggregate RT, FM2/FM3, No Inmigrante/Inmigrante years)  - issuing a NEW Residente Temporal permit without leaving Mexico.   For the INM offices that allow this (like Chapala and Guadalajara and  ... ?),  the foreigner intentionally allows the final year's RT to expire, and then they go into their INM office immediately after expiration.  They pay a modest $1,600 peso "late penalty" fine - and the $1,036 "Regularization" fee,  submit bank statements and translations, and pay the normal RT fees.  This is done at your INM office,  without going to a Mexican Consulate.    Lic. Spencer McMullen's law firm does this without ever going to a Mexican consulate.
Downsides:  Realize that INM will will not give us a travel letters during this special process,  so, plan to stay in Mexico until your new RT is approved.     Also note that if the RT applicant has a temporarily imported TIP car,  when their old RT expires,  the TIP expires simultaneously - and you would need a Retorno Seguro permit to legally drive the car (to a border),  unless you live in the Free Zones:  Baja California,  Baja California Sur, and Q. Roo - where foreigners are allowed to drive their foreign plated cars without any TIPs - as long as they have insurance and also keep their US or Canadian license plates and registration current.
We look forward to hearing from readers around Mexico about whether their INM offices accept this approach.
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Please Continue to Make Comments and Replies to Help Keep This Information Current!

Disclaimer: This information is not meant as legal advice. It is for educational and informational purposes only. Government policies vary between States and offices, and Mexican Government officials have broad discretion in how they individually enforce policies, so, your personal experiences may vary. See a professional for advice on important issues.

All told, Life is great. Today, Les became a citizen! He called from Mexico City and the whole shebang of getting the naturalization paperwork and ordering a Mexican passport took all of 2 hours! The rest of the people were still there as he left with paperwork in hand. Folks, if you can afford Gilbert Pineda, do it. His price today April 2014 is $1000 dollars. You must fly to Mexico City two times and you pay extra to get a passport $100 or so. Flights La Paz, Mexico City one way runs you $200. And Gilberto: He is simply brilliant. What was supposed to take 4 months (like mine did) is now taking less than 2 months. Even took Gilberto by surprise as he had told us 4 months and we jumped the gun and bought tickets for June. Which we will use to commemorate his birthday, my birthday and well, another vacation .....


Edit to add: Gilberto told Les that his citizenship process was so fast because I had already become a citizen. Not sure what one thing has to do with the other...but there you have it.

[Edited on 4-27-2014 by BajaBlanca] 

 
The city law on plates and driver´s license is been modified, In 2014 the city police is going to impound and fine the owner of a vehicle which is not imported when said owner has the immigration status of RESIDENT.    To avoid this contact CAN-AM-MEX LAW FIRM / FIRMA JURIDICA at can-am-mexAThotmail.com or by calling 612 348 9793, they provide fully insured transportion to Otay and back plus broker service. 

Here's the thing... yes article 33 says that any vehicles driven in La Paz have to be plated within 15 days of internacion (admission....) but article fifty-two says that if you have a current registration and current drivers license from a country with reciprocity, you can drive it.

ARTÍCULO 33.- Para que un vehículo pueda transitar en el Municipio de la Paz, será necesario que esté provisto de su tarjeta de circulación, placas respectivas, calcomanía de la verificación electromecánica y de emisión de contaminantes vigentes o en su caso permiso provisional de circulación, expedidos por la Dirección, así como contar con seguro de daños a terceros en sus bienes y/o personas con póliza vigente por una compañía de seguros autorizada por la Comisión Nacional de Seguros y Fianzas. Todos los vehículos pertenecientes a propietarios residentes en el Municipio de la Paz y que transiten en el mismo, deberán ser dados de alta en la Dirección de Tránsito Municipal o Delegación correspondiente. Cuando se trate de vehículos procedentes del extranjero o de otra entidad federativa el término para hacerlo será de quince días, a partir de la internación legal al país o de la fecha de adquisición, a menos que se justifique legalmente que cuenta con placas y tarjeta de circulación vigentes; o en todo caso deberá de presentar la baja foránea del vehículo o constancia de no adeudo ARTÍCULO 51.- Para conducir vehículos de motor en el Municipio de La Paz, las personas deberán portar la licencia o el permiso respectivo, que se otorgará previo curso de educación vial, examen y el pago de los derechos correspondientes. La licencia para conducir es un documento público, expedido por la autoridad de Tránsito Municipal que autoriza a una persona para la conducción de vehículos de motor, con las limitaciones, características especificadas y vigencia que la misma ley y presente reglamento establece. ARTÍCULO 52.- Las licencias para conducir expedidas por otros Municipios del Estado, así como las de otras entidades federativas tendrán validez siempre y cuando se encuentren vigentes; de igual forma las expedidas por las autoridades en otros países donde exista reciprocidad y en este último caso, siempre que vehículo porte placas y registro vigentes del país donde la licencia fue expedida.

In the latest round of pitfalls facing people who nationalize their foreign plated TIP cars, there are reports out of Chapala that some lawyers and brokers are issuing fake pediments and giving out plates that are off stolen cars. Lic. Spencer McMullin reports that this becomes a big headache for the driver if you are pulled over, and the police find you are driving a car that shows up as being stolen. Police take car theft seriously, and he points out that they may approach the driver with guns drawn... http://www.chapala.com/webboard/index.php?showtopic=43893#entry339164
If you suspect there might be a problems with your plates, you can check them at this Mexican Federal Govt. website:
http://www2.repuve.gob.mx:8080/ciudadania/servletconsulta
You enter your Plate Number, VIN, or Folio ID.
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

I have driven my mexican plated car into the states for the summer, I just had my mex insurance company add US coverage which was only $60 more for a 90 day period,,,, no problems at the border or anywhere in the US, it's very doable,,,, David

New (Limited) Vehicle Importation Rules for Mexico
yucalandia | July 4, 2011 at 11:25 pm | Categories: Uncategorized | URL: http://wp.me/pTOvh-ti

New Vehicle Import Laws Allow 8 - 9 Year Old Big Vehicles in a Special Northern Mexico Zone
As of Friday, July 1, Mexico allows the importation of 8-9 year old NAFTA approved large vehicles like combis, trucks, buses, etc into the States of Baja California, Baja California Sur, and part of Sonora. "Diario Official July 1, 2011 pp. 97-101". Residents of this special zone are allowed to import these 8-9 year old vehicles at lower taxes. Article 12 allows these vehicles to be dispatched through the rest of Mexico. A number of blogs are reporting that the law applies to all areas of Mexico and all cars, but we've found no evidence of this. For now, we prefer El Universal's July 3, 2011 report that confirms Yucalandia's reading of the new statute, confining the rule changes to a special Northern zone and to large vehicles.
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This post is meant as a public service announcement, not as legal advice. Subsequent posts will be updated as understandings and interpretations of the new rules develop.
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry
Read on, MacDuff.

6/19/2011)

Cars and pickups (no dually’s) can be either permanently or temporarily imported by expats with FMM’s, FM3′s, and FM2-Rentista’s. The vehicle must be exactly 10 years old to be permanently imported (tramited / “nationalized”), see “Importing Used Autos”“, but temporary permits are issued to FMM, FM3 (No Inmigrante), and FM2-Rentista (Inmigrante Rentista) visa holders. Temporary permitted vehicles must be returned at the end of the visa’s period, or the car can be confiscated by Mexican officials. Vistor’s FMM’s and hence their temporary permits are for 180 days, while vehicles temporarily imported under FM3′s and some FM2′s are allowed to stay in Mexico as long as the visa remains valid. The owner of the vehicle must stop at Aduana offices at the border to have them remove the import-sticker whenever the vehicle leaves Mexico.

The main part of Mexican Customs Law (Ley Aduanera) that covers expat driving and importation issues is Article 106, and the Operations Manual for Temporarily Imported Vehicles, page 45, Sec. 17-17.4 (“Manual Importacion de Vehiculos”“)
Article 106 basically says two things:

Your car registration is valid as long as your FMM, FMT, FM2, or FM3 is valid; and
It describes who is allowed to drive your car. (see below)

Article 106 allows foreigners to temporarily import a car into Mexico for the duration of the registered importer’s immigration status: e.g. 180 day FMM visa gives 180 days for their car; FM3 & FM2 holders have the 365 days for their car (plus any extensions or re-applications).

It is also worth noting that:

The car import sticker is valid as long as the holder’s Visa remains valid, regardless of the expiration date shown on the import sticker. FM3 period = Vehicle’s approved period.
As long as you made your original deposit with a Credit Card, there is no requirement for the driver to go to a border crossing / car permit office to renew it, because it is automatically renewed when you renew your FM2 or FM3.
You are required to notify the Mexican Customs office IF YOU MADE A CASH DEPOSIT TO REGISTER YOUR CAR or if you made a credit card deposit after June 11, 2011. This notification (including copies of the vehicle permit and copies of the renewed Visa) can be made in writing and sent to:

New Requirements for Bringing Foreign-Plated Cars into Mexico: Banjercito
Posted on June 17, 2011 by yucalandia

The Mexican Ministry of Finance and Public Credit has issued a new decree affecting expats bringing foreign plated cars into Mexico: “New Requirements for Bringing Foreign-Plated Cars into Mexico: Banjercito”. From the Banjercito website:

“IMPORTANT ANNOUNCEMENT
The Ministry of Finance and Public Credit (SHCP) has issued a decree which states that beginning on June 11th, 2011 anyone applying for a temporary import permit for vehicles must make a deposit in the amount determined by the following table:

Vehicle Year Model:…….Amount to be paid in Mexican Pesos*
2007 and later…….USD $400
2001 until 2006…….USD $300
2000 and earlier…….USD $200

*Peso amounts are based on applicable exchange rate

This deposit is compulsory and can be paid by credit card, debit card, or cash (in US Dollars only).

Users must keep in mind that if the deposit is charged to a credit card, the charge will be made in Mexican Pesos and will be calculated based on the exchange rate of the day on which the payment is made. This deposit will be refunded to the same credit card on the next banking business day after the vehicle is fully returned and based on the exchange rate of that day.

The vehicle must be returned on time and within the time period stated on the temporary import permit. If the vehicle is returned after the stated time period, the entire deposit amount will be transferred to the Office of the Treasury on the day following the expected return date, as allowed by current law.”


Last Item:
Another clause in the new updated regulations requires FM2 Rentista and FM3 holders to notify Aduana within 15 days of when they renew their FM2 or FM3, otherwise Aduana is allowed to confiscate/keep these “new” deposits. Aduana’s address is listed in Yucalandia’s main article on cars in Mexico: “Importing & Driving a Car in Mexico”

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This post is meant as a public service announcement (not meant as legal advice), so, we here at Yucandia will keep the post updated with further understandings and clarifications as they develop.

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.

Courtesy of the www.bajawesternonion.com - On the Pacific side

Ferry Vehicle Permit Info - My husband is in the process of getting his imagrado card, he has had his FM2 for 5 yrs, we went to La Paz to get our vehicle permit to go to mainland Mexico, the lady at the ferry office would not give him the permit, because he is in imagrado status. Once you are applying for imagrado or have your imagrado card, (you are now a Mexican resident) by law your vehicle is suppose to be imported. As his wife I have my FM2 and was able to get the vehicle permit as long as your name is on the vehicle registration. March 18 2010 - Stan , Baja California Sur

FM2 Surprises & Importation of Vehicles: This year we decided to “upgrade” our immigration status to FM2. After we received the documents, we started hearing about problems various people, who were citizens or had FM2s and driving a car with US plates, had when stopped by Federal Police. You probably know that it is illegal for a Mexican to drive a vehicle with US or Canadian license plates (unless the owner is in the car). When you have your FM2 or if you have received your Mexican citizenship, according to Mexico, you are now Mexican. Therefore, it is illegal for you to be driving your car that has US or Canadian plates here in Mexico! You can be fined or your car could be confiscated. It may be a matter of showing the police the “correct” paperwork if stopped with US plates; your US registration, your US driver’s license, etc. But if they happen to ask for your tourist visa or FM3, and you show them an FM2 or citizenship papers, there’s the problem. It just depends on the Federal Police who stop you - they can make it difficult for you if they want to.

Our solution was to have our vehicles imported, get Baja license plates and Mexican driver’s licenses, and purchase Mexican auto insurance. We were helped easily through most of this process by Oscar Unzón Camacho who lives in La Paz. He can tell by the VIN if your car can be imported (right now they allow 2010, and cars 2005 and older, but no “luxury” cars (VIN starts with a letter)), and if it can, the importation process takes about 48 hours. He can also help you get the license plates. Oscar was head of Customs in La Paz and San Jose for many years, and knows the rules and the people to work with to get things done legally, and he is very trustworthy. You can contact him at os_car_import@hotmail.com or os_car_import@yahoo.com.mx or call him on his cell phone at 612-154-9577. He doesn’t speak much English, but he does understand most of it.