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FREQUENTLY ASKED QUESTIONS
Click in the subject you are interested in to see more information. If you can not find the information you're looking for, please do not hesitate to use our contact form.
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BUYING PROPERTY IN MEXICO
Q.: I am considering to live in Mexico, is there any available information in the Consulate about buying property there?
A: Foreigners may acquire real estate property in Mexico having the same rights and obligations as any Mexican national, with only two exceptions: First, the Mexican government requires foreigners to obtain a permit from the Ministry of Foreign Affairs in order to acquire certain types of properties. To obtain this permit, the applicant has to waive the right to diplomatic protection from his/her government, and Second, there are certain areas where foreigners cannot acquire direct title to land or waters due to national security considerations: within a belt of 100 kilometers along the borders, and 50 kilometers along the coasts.
Accordingly, the Ministry of Foreign Affairs can authorize Mexican banks to hold or acquire in trust real estate in the coastal and border areas, which foreign individuals or corporations intend to use to develop a tourist resort, to build a personal residence or establish an industrial or commercial facility. These banks in turn issue non-redeemable trust participation certificates, which entitle the holder to use the property for a period of ten years, and which can be renewed for two more periods of ten years each.
The system operates as follows: the Mexican owner of land in a restricted area may ask a bank to set up a trust to administrate the property for a specific use, i. e. the creation of tourist centers or industrial zones. The bank then proceeds to issue participation certificates which entitle the holder to share in the profits derived from the use of these specific developments. Thus, it is the use of these rights, and not their ownership, that generates profits. The land continues to be Mexican-owned while the holders of participation certificates have full use of the properties along the coasts and borders, or share in the profits earned in their use.
In accordance with the Mexican Constitution subsoil rights belong to the Nation, and therefore, the exploitation of underground mineral deposits require a special permit.
Depending on the type of land (irrigated, non-irrigated, grazing, forests and that used for certain crops as bananas, sugar-cane, coffee, and quinine) the law establishes the maximum extension which may be held by one person, for instance, a maximum of 100 hectares of irrigated land for plantation crops or 300 hectares of non irrigated land. If the property does not exceed the established limits, the owner may secure a permit of permanent inaffectability which guarantees his property against third party claims. The regulations that limits the size of properties were designed to prevent the formation of large land holdings and to keep an equitable distribution of land among those capable to work it.
On the other hand the legal status of foreigners, (tourist, non-immigrants, permanent resident, etc.) does not affect their possibility to purchase private property. However, tourists and non immigrants are required by the Ministry of Foreign Affairs to obtain an authorization from the National Institute of Immigration in order to do so. Thus, when buying a property for business purposes, the foreign buyer must secure the proper immigration papers that allow him/her or it to carry the type of work that he, she or it wants to do.
The following guidelines should be helpful: a) First, ascertain whether you can lease real estate located in the restricted areas; b) Those having permanent residence in the country must also have their principal source of business or investment in Mexico; c) For a property deed to be valid, it must be drawn up by a notary public who will: l) conduct a title search; 2) draw up legal documentation once all requirements are met; 3) arrange for registration of your deed in the Public Registry of Property (which protects you against claims by third parties); 4) explain the meaning and consequences of the transaction, and provide legal counsel on any aspect of the purchase.
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CANCELLATION OF MEXICAN TEMPORARY VEHICLE’S IMPORTATION PERMITS
Q.: I recently drove down to Mexico and spent some holidays there, but on my way back I did not return my vehicle’s temporary importation permit. Do I need to have it cancelled and, if so, can I surrender it through the Consulate?
A.: You need to have that permit cancelled in order to be allowed to temporarily import another vehicle. According to the current regulations, the only way to get that cancellation consists in showing the vehicle at any Banjercito office at the Mexican borders. For further information, you may visit the following website:www.banjercito.gob.mx, or contact the Customs authorities at:
Administración de Información Servicio de Administración Tributaria Administración General de Aduanas, SHCP Av. Hidalgo No. 77, Módulo IV, 1er piso Col. Guerrero, Del. Cuauhtémoc C. P. 06300, MEXICO, D. F.
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COMMERCIAL INFORMATION
Q.: I would like to start a business in Mexico, what kind of papers do I need?
A.: At least to main aspects are involved in this kind of projects: • Migratory status. You need to obtain a specific permit --called FM3-- that allows you multiple entries in Mexico. For a short period (to make contacts for instance) you may apply for it at the Consulate. When there is an specific project of investment the application must be filed before the migratory authorities in Mexico:
INSTITUTO NACIONAL DE MIGRACION Av. Homero # 1832, Col. Chapultepec Morales C. P. 11510, México D. F. Tel.: (5255) 5387-2500 Fax: (5255) 5557-9865
• Economic and legal aspects. You need to contact the pertaining federal and local authorities to apply for the necessary permits. To this purpose you may consider hiring a lawyer or consultant. On the other hand, we suggest that you check out the Mexican Ministry of Economy's web site: www.economia.gob.mx, as well as the one belonging to the National Bank of Foreign Trade (Banco Nacional de Comercio Exterior-BANAMEXT): www.bancomext.gob.mx;, which have an office in Toronto:
FOREIGN TRADE COMMISIION OF MEXICO 66 Wellington St. W., Suite 2712 Toronto Dominion Center Toronto, ON M5K 1A1
Tel.: (416) 867-9292 Fax: (416) 867-1847
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DRIVING INTO MEXICO
For the temporary importation of your vehicle (the processing of the permit is made at the border), the following is needed: - Proof of ownership of the car - Driver's licence - Insurance - Migratory form (FMT for tourists, FM3 for rentists) - Valid passport (alternatively for Canadians: Canadian Citizenship Card, or Canadian birth certificate and official photo I.D.)
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GETTING MARRIED IN MEXICO
Q.: I am planning to get married in Mexico. Does the Consulate have any information on this subject? A.: IN THE LIST BELOW YOU WILL FIND GENERAL REQUIREMENTS FOR A CANADIAN CITIZEN OR LANDED IMMIGRANT TO GET MARRIED IN MEXICO. BE ADVISED THAT THESE REQUIREMENTS MAY VARY ACCORDING TO THE LAW OF DIFFERENT STATES WITHIN MEXICO.
THIS INFORMATION IS FOR REFERENCE PURPOSES ONLY AND IT IS HIGHLY RECOMMENDED THAT COUPLES WISHING TO GET MARRIED CONTACT THE REGISTRY OFFICE OF THE CITY WHERE THE WEDDING IS TO TAKE PLACE, TO FIND OUT THE SPECIFIC DOCUMENTATION REQUESTED LOCALLY.
NOTE THAT SECTIONS 2 AND 3 ARE THE ONLY ARRANGEMENTS YOU HAVE TO DO BEFOREHAND AT THE MEXICAN CONSULATE IN TORONTO. A FEE OF AROUND CAN $57.00 (PLEASE INQUIRE) APPLIES FOR THE LEGALIZATION OF EACH DOCUMENT.
1. COMPLETED APPLICATION, TO BE OBTAINED IN MEXICO AT THE REGISTRY OFFICE.
2. CERTIFIED COPY OF THE CANADIAN BIRTH CERTIFICATES (THE LONG FORM, NOT THE CREDIT-CARD SIZE), WHICH MUST BE A) AUTHENTICATED BY THE CANADIAN MINISTRY OF FOREIGN AFFAIRS (AUTHENTICATION AND SERVICE OF DOCUMENTS SECTION, TEL. 613-995-0119) AND B) LEGALIZED BY THE MEXICAN CONSULATE IN TORONTO. THIS CONSULATE ONLY LEGALIZES CERTIFICATES OF PERSONS WHO WERE BORN IN THE PROVINCES OF ONTARIO OR MANITOBA (FOR OTHER CANADIAN PROVINCES PLEASE INQUIRE). NATIONALS OF OTHER COUNTRIES NEED TO GET EITHER THEIR BIRTH CERTIFICATES DULY LEGALIZED BY THE MEXICAN EMBASSIES OR CONSULATES IN THE CORRESPONDING COUNTRY.
a. BE ADVISED THAT SOME REGISTRY OFFICES MAY REQUEST A TRASLATION INTO SPANISH OF THE SAID DOCUMENTS AS WELL AS OF THOSE MENTIONED IN THE NEXT PARAGRAPH.
3. IF EITHER PARTY HAS BEEN MARRIED BEFORE, THEY MUST PRESENT PROOF OF THE TERMINATION OF THAT MARRIAGE IN THE FORM OF A DIVORCE CERTIFICATE (ORIGINAL OR CERTIFIED COPY) OR A DEATH CERTIFICATE (ORIGINAL OR CERTIFIED COPY). IN EITHER CASE THESE DOCUMENTS MUST BE A) AUTHENTICATED BY THE CANADIAN MINISTRY OF FOREIGN AFFAIRS (AUTHENTICATION AND SERVICE OF DOCUMENTS SECTION, TEL. 613-995-0119) AND B LEGALIZED BY A MEXICAN CONSULATE WITH JURISDICTION OVER THE PLACE WHERE THE DIVORCE OR THE SPOUSE’S DEATH TOOK PLACE. DIVORCED PERSONS CANNOT MARRY IN MEXICO UNTIL ONE YEAR AFTER THE FINALIZATION OF THE DIVORCE.
4. RESULTS OF A CLINICAL ANALYSIS (BLOOD TEST), TO BE DONE IN MEXICO
5. TOURIST CARD AND/OR VISA AS WELL AS A COPY OF THE VALID PASSPORT TO DEMONSTRATE MIGRATORY STATUS (FOR NATIONALS OF CANADA A CERTIFIED COPY OF THE BIRTH CERTIFICATE ALONG WITH A PIECE OF PHOTO BEARING IDENTIFICATION WILL SUFFICE).
6. TWO LEGALLY QUALIFIED WITNESSES (OVER 18 YEARS OF AGE), WHO MUST BE PRESENT AT THE CEREMONY.
MARRIAGES ARE PERFORMED AT THE CIVIL REGISTRY OFFICES, BUT MAY BE PERFORMED ELSEWHERE FOR AN ADDITIONAL FEE.
A CERTIFIED COPY OF THE ORIGINAL MARRIAGE CERTIFICATE (ACTA DE MATRIMONIO) MAY BE OBTAINED FROM THE OFFICE OF THE CIVIL REGISTRY, ONCE THE MARRIAGE HAS BEEN PERFORMED. THIS DOCUMENT CAN BE LEGALIZED BY THE CANADIAN EMBASSY OR CANADIAN CONSULATES IN MEXICO IN ORDER TO BE RECOGNIZED AS VALID FOR LEGAL PURPOSES IN CANADA. RELIGIOUS MARRIAGES, WHICH HAVE NO LEGAL IMPLICATIONS IN MEXICO, REQUIRE AN ADDITIONAL CEREMONY. INFORMATION ABOUT REQUIREMENTS MUST BE OBTAINED FROM THE CORRESPONDING LOCAL CHURCH OFFICIALS.
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IMPORTATION OF LIVE ANIMALS INTO MEXICO
Q.: I am about to visit (or move to) Mexico, and would like to take my two cats with me. Is it possible? If so, what papers are needed?
A.: For the importation of up to two cats or dogs you have to have at hand the two papers mentioned below, which must be obtained from a Veterinary a few days before traveling: • Certificate of good health • Certificate of vaccination To import more than two cats or dogs please contact:www.aduanas.gob.mx
To learn the requirements for the importation of other species of animals, please contact the Secretariat of Enviroment and Natural Resources (Secretaría de Medio Ambiente y Recursos Naturales Dirección General de Vida Silvestre) at:www.semarnat.gob.mx
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LEGALIZATIONS
Q.: What is the procedure to be followed in order to use Canadian documents in Mexico, when one is planning to get married, study, work or doing business there?
A.: Please check out the specific information on this subject in the website: legalizations
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LIVING IN MEXICO
Q.: My spouse and I are considering retiring in Mexico, or at least live there part of the year without working. What is the required paperwork?
A.: Please check out the specific information on this subject in the website:retiring in Mexico
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PARENTS AUTHORIZATION FOR MINORS TRAVELING TO/FROM MEXICO
Q.: Do minors, who are traveling to Mexico with one or without parent(s), require additional documents?
A.: No. Minors traveling alone or with one parent will present the same documents as any adult from their Nationality. Although no additional documents are require to be admited to or exit from Mexico, this does not necessary applies to exit or enter Canada.
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PASSENGER’S IMPORTATION OF GOODS INTO MEXICO
Q.: I am planning to visit Mexico soon and taking with me some presents as well as some goods for my own use or consumption. Does the Consulate have some information about limitations on value, amounts and kind of goods that can be imported by an international traveler?
A.: For updated information on this subject, please visit the following website:www.aduanas.gob.mx
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POWERS OF ATTORNEY
Q.: Currently I am living in Canada and need a power of attorney to be used in Mexico for a legal procedure, can I get one at the Consulate? A.: Yes you can. Please refer to the specific section in this website.
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TRANSLATIONS
Q.: Can I have my Canadian documents that I going to use in Mexico translated at the Consulate? If not, could you recommend a translator?
A.: The Consulate does not offer translation services nor have contact with persons or companies working in that field. We simply advise you to use the services of professionals with official recognition/registration.
We also suggest that you check with the company, school or institution in Mexico about the necessity to have the documents translated and, if it is the case, about the formalities of said translations (for instance: do they need to be legalized, or made in Mexico by a registered translator there?).
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TOURISM
Q.: May I get some tourist information on Mexico from the Consulate? If not, could you direct me to the appropriate website?
A.: The Consulate does not have such information since the same is usually available from travel agencies or specialized websites, for more information click here
*** NEW REQUIREMENTS FOR CANADIANS AND PERMANENT RESIDENTS IN CANADA TRAVELLING TO MEXICO ***
Starting on March 1st, 2010, Canadian citizens that enter Mexico by air, land or sea must present a valid passport in order to prove their nationality.
Legal Permanent Residents of Canada must present one of the following valid documents:
-Permanent Resident Card, or -Certificate of Identity, or -Travel document
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VISAS AND MIGRATORY PERMITS FOR OTHER COUNTRIES
Q.: I am Canadian and have some Mexican friends visiting me here, and I need to know if through the Consulate they can extend their stay in Canada or get a temporary o permanent residence permit? Also, I would like if the Consulate can help them to get visas to visit other countries.
A.: Not at all. All inquires and applications regarding visas and permits for Canada, U. S. and other countries must be made before their own authorities. On the other hand, this Consulate deals with applications of foreigners wishing to visit Mexico, for recreational or other specific purposes.
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WORKING IN MEXICO
Q.: I am interested in living and working in Mexico, what paperwork is needed to that purpose? A.: The employment of foreigners in Mexico is restricted. Immigration laws provide that no foreigner may be accepted for work, unless it is shown to the entire satisfaction of the immigration authorities, that there is no Mexican national available for that type of job.
There are, however, some enterprises, which are from time to time in need of persons with special skills or professions, and being such the case, the immigration office grants a permit for the admission of a foreigner, allowing him to perform a remunerative work in Mexico.
A list of organizations or enterprises, which have such openings for foreigners, is not available at the Mexican Consulate. The applicant himself must get in touch with possible employers.
It should be understood that the employer in Mexico is the one that in all instances must apply before the Instituto Nacional de Migración (National Institute of Migration) in Mexico for the entry and working permit of the foreign employee.
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OTHER INQUIRES
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Consulate General of Mexico in Toronto, Commerce Court West, 199 Bay St. Suite 4440, Toronto, Ontario, M5L 1E9
Open to the public Monday to Friday, from 9 a.m. to 1:00 p.m and Wednesday extended hours from 3:00 to 4:30. Closed on weekends, September 16th. and Statutory Ontario´s holidays.
Tel. 416 368 2875, Fax: (416) 368-8342
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