Mexican Citizenship

As of December 1996, by a decision of all the country's political representatives, the Congress passed a Constitutional Reform allowing Mexican-born citizens to adopt a different nationality without giving up the Mexican one. This Reform came into effect on March 20, 1998 and consists of three parts:

1. There will be no loss of Mexican citizenship upon receiving a new citizenship (Art. 37).

2. The Mexican Citizenship will extend to first generation children born abroad. Only Mexicans born in Mexico as well as naturalized Mexicans may pass on the citizenship to their children born abroad (Art. 30).

3. Only individuals without a second citizenship may take on national security or strategic positions and duties (Art. 32 Const. 16 and 17 of the Citizenship Law).
From the moment this Reform took effect, it was of benefit to all Mexican-born citizens under 18 years of age who held dual or multiple citizenships, and to those who had the opportunity to acquire a citizenship instead of a residency.

The Mexican Reform establishes that any Mexican who possesses a second nationality will be allowed entry and will be treated as a Mexican within the country. Likewise, International Law establishes that in the case of dual citizenship, the nationality to prevail will be that of the country in which the person is. For example, a Mexican who lives in Canada and is a naturalized citizen will be treated in Canada as a Canadian, and when in Mexico he or she will be treated as a Mexican with all the rights and privileges of any Mexican.

Individuals with dual citizenship will pay taxes in the country of residence, given that he or she resided in it for over 183 days, consecutive or not, in a calendar year.

However, if you ever enlisted in the Registro Federal de Contribuyentes [Federal taxpayer's registry] and as of yet have not removed your name from the list, you will still be considered a fiscal resident, and you must therefore remove your name from the list as soon as possible using Form R-1, which can be obtained at most Mexican stationary stores.

Similarly, if you reside in the United States, you will have to request proof of fiscal residency in this country from the Internal Revenue Service (IRS). This document of proof must be attached to Form R-1 and presented at the offices of the Secretariat of Finance and Public Credit corresponding to the address you enlisted with.

Can a person with dual citizenship and who committed a crime be extradited?

This will depend on the extradition treaties that Mexico has signed with other countries, and in conformity with the Hague Convention, the citizenship that prevails corresponds to the individual's location at the time the crime was committed.

Does the Reform on nationality allow Mexicans to vote abroad?

Unlike other countries, Mexican Law distinguishes between 'nationality' and 'citizenship'. The approved Nationality Reform limits itself to issues related to nationality, without involving legislative changes with respect to citizenship matters, such as voting abroad.

All election issues are linked to citizenship; as so, the country's government will separately discuss the impending vote abroad and, will legislate on the issue at a later time.

Does Canada allow dual citizenship?

Canada does allow dual citizenship in accordance with the Citizenship Act, which came into force on February 15, 1977.

If I obtain the Canadian citizenship, do I need proof of my dual citizenship?

If you obtain the Canadian citizenship, you do not need any proof of dual citizenship.

How can children born in Canada to Mexican parents, father or mother, obtain the Mexican nationality?

All you need to do is register the birth of the child at any Civil Registry office or at the Mexican Consulate closest to your address.

To apply for the declaration of Mexican citizenship (SPANISH)

 

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Acquisition of real estate in Mexico

Foreigners may lease and own real estate and other properties in Mexico. However, there are several guidelines that must be taken into account before purchasing real estate:

Article 27 of the Mexican Constitution grants the Mexican Nation ownership of the land and water within its territory and stipulates that the Nation shall oversee the transfer of ownership rights to individuals, by creating private property.

Although Section I of the aforementioned article grants the right to acquire the dominion of land and water only to Mexican individuals and companies, it also gives the State the power to grant the same right to foreigners, subject to the condition that these foreigners agree before the Ministry of Foreign Relations to consider themselves as Mexican nationals with respect to their ownership of the real estate, etc. If the covenant is breached, all rights to such property shall revert to the Nation.

A foreign individual or company may directly own land in Mexico except in the restricted zone, which is described by Article 27 of the Constitution as "lands or waters within a zone of one hundred kilometres along the borders and of fifty kilometres along the beaches of the country." Land in this zone must be acquired through a trust fund established for fifty years. In this kind of trust fund the bank retains the property title but the foreigner is the beneficiary and may use and enjoy such premises and may sell or even inherit the rights to it. However, the bank must be notified of and approve all operations regarding the property.

Note: Mexican companies with 100% foreign capital may own property directly in the "restricted zone" for non-residential purposes.

There are other restrictions to be aware of when acquiring property for agricultural and forestry purposes. Foreign companies may not own property for these purposes and foreigners must observe the land size limitations.

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Marrying another canadian citizen or a non -mexican in Mexico

1. Important information
2. Requirements
3. Legalization of documents to be submitted
4. Recognition of Mexican marriage certificate


1. Important information According to international law, a marriage performed in Mexico is valid in any other country unless the parties were deliberately evading restrictions imposed by their own national laws. Therefore, a Mexican marriage will be valid in Canada if there were no Canadian impediments.

a) Only an officer of the Registro Civil (the Mexican equivalent of the Registrar General's Office) can legally perform a marriage ceremony.

b) A religious wedding may be performed after presenting proof of a civil marriage (an authenticated or legalized certificate of the civil marriage must be presented as proof).

c) Non-Mexicans are not subject to a residence requirement, but will have to identify themselves with their their passport (for some nationalities, a certified copy of a birth certificate and a photo identification card will suffice when travelling), and tourist card and/or visa (the document that shows their entry to Mexico).

d) Marriages are performed for a small fee at the "Oficina del Registro Civil", but they may be performed elsewhere for an additional fee, which will be determined by the Registro Civil. There are "Oficinas del Registro Civil" in each city or small town in Mexico. When staying at a hotel, the address of the "Oficina del Registro Civil" can be obtained from hotel management. e) If a foreigner intends to marry a Mexican citizen, the Mexican National Migration Institute (Instituto Nacional de Migración) must grant a permit; processing of this permit takes approximately two weeks and the application must be submitted by the couple intending to marry or by the Mexican citizen. For more information on this matter, see the section entitled Marrying a Mexican Citizen in Mexico.

f) In some States of the Republic divorced persons cannot marry in Mexico until one year after the divorce order has been issued by the judge, unless otherwise indicated in the divorce decree.

g) Persons under 18 years of age cannot marry without the consent of their parents or legal guardians.



2. Requeriments

As marriage is a matter of local law, please consider that the following requirements generally apply to all 31 States of the Republic and the Federal District (hotel management or the civil registry office can provide you with specific requirements). Documents that must be presented to the Oficina del Registro Civil:

a) A completed application form (provided at the local Civil Registry Office).

b) An agreement prepared by the parties indicating whether their marriage will be contracted under the system of community or separate ownership of property. Mexican law states that marriage certificates must indicate the property system chosen by the couple.

c) A certified copy of their birth certificates (long version) previously legalized by the Mexican Consular Office having jurisdiction over the region where the birth certificate was issued.

d) In the case where one of the parties has previously been divorced, the couple must present a certified copy of the divorce decree legalized by the Mexican Consular Office having jurisdiction over the region where the divorce decree was issued (for some countries the apostille applies - see below)

e) In the case where one of the parties was previously widowed, the couple must present a certified copy of the death certificate legalized by the Mexican Consular Office having jurisdiction over the region where the spouse died (for some countries the apostille applies - see below)

f) A physician's certificate stating that according to the blood tests and thorax X-rays taken in Mexico, neither applicant suffers from any contagious disease.

g) A statement from each of two qualified witnesses (over 18 years of age, who personally know the applicants and who must be present at the ceremony) swearing that the applicants do not have any legal impediment to marry.

4. Recognition of your mexican marriage certificate

Following the marriage, you should keep the original certificate (the one with your fingerprints) a certified copy will be available at the Oficina del Registro Civil. The original receipt and the marriage certificate are legal documents and will be recognized in Canada, unless your marriage in Mexico contravenes Canadian Law (ei. You were not legally entitled to marry in Canada). Some Canadian entities will accept the certificate without any other requirement but others, will request legalization by the Canadian Embassy or Consulate in Mexico.

To legalize a marriage certificate issued in Mexico, follow the steps listed below:

1. The document must first be authenticated at the local government office (Secretaría de Gobierno) of the State where the marriage took place.

2. The document must then be stamped by the Mexican Ministry of Foreign Affairs.

3. Finally, the document must be presented to the Canadian Embassy in Mexico.

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Foreigners travelling to Mexico by car beyond the border strip must pass through immigration and customs; they must obtain a tourist card or show their FM-3, according to the purpose of their trip, as well as obtain a temporary import permit for their car. These documents are issued at the port of entry.

Temporary Importation of Vehicles

www.aduanas.gob.mx/aduana_mexico/2008/vehiculos/141_10028.html

Vehicle’s pre-registration for temporary importation

www.banjercito.gob.mx

NOTE: The driver has the obligation to attend the office of Banjercito and return the documents of the temporary importation of the vehicle at any port of entry before leaving Mexico crossing the northern border of the country. A representative of Banjercito will remove the sticker of the vehicle and will cancel the warranty-deposit.

1. Travelling as a tourist
   
   A tourist is a person who enters Mexico for recreational or health purposes, volunteer or non-profit artistic, cultural or sport activities, and will be entitled to remain on national territory for a maximum of six months without extension.

To obtain a tourist card, Canadian citizens must present their valid passport or original birth certificate plus a photo identification card at the Mexican Consulate or port of entry.
Please consider that the immigration officers at the port of entry may request that the tourist show a proof of economic solvency (credit card, traveller's cheques, etc) to cover expenses in Mexico.

Permanent residents in Canada must comply with specific travelling requirements. Foreigners visiting Mexico by car must pay a US$20.00 fee as tourism tax. (When travelling by airplane, the US$20.00 is included in the price of the air flight ticket.)

Passing through customs
When travelling by car, you must declare any merchandise valued at over US$50.00, and if you carry with you any amount larger than US$10,000 (cash, cheques, traveler's cheques, etc.), animals, farming products and medicine. Please consider that when travelling with goods to be donated to a Mexican entity, the recipient of the donation must obtain a special permit in advance.
Travellers will be required to press the customs light button, and if it turns green, they can pass through; when the light turns red (at random), the person will be subject to inspection.

Temporary import permit
To obtain a temporary vehicle import permit at Banejército (Bank of the Armed Forces), a tourist must present the following:

§  Valid driver's licence.

§  Vehicle registration certificate or document certifying legal ownership of the vehicle.

a) If applicable, the lease contract for the vehicle. The contract must be in the name of the person bringing the car into Mexico, and a letter from the leasing company stating that they agree for the vehicle to be taken to Mexico.

b) If the vehicle belongs to a company, documents must be presented certifying that the company employs the importer.

§  A fee of US$ 29.70 plus 15% local tax that may be paid with an international credit card (American Express, Diner's Club, Visa or MasterCard) that has been issued in the name of the vehicle's owner.

§  If you do not have an international credit card, you must post a bond payable to the Federal Treasury by paying the appropriate fee.

§  As an alternative to posting a bond, you may leave a refundable security deposit in cash at Banjército in an amount equal to the vehicle's value. This cash deposit will be recovered when the vehicle is removed from the country and the import permit is returned to the same port of entry through which the vehicle was brought into Mexico.
Model Import deposit
1999-2002 US$400.00
1994-1998 US$300.00
Previous models US$200.00

                              www.banjercito.gob.mx  

2. When travelling not as a tourist (businessperson, retiree, student, intern, working, etc.)
   The holder of an FM-3 visitor visa, regardless of his or her migratory status, has the right to import a vehicle, in accordance with the provisions of the Mexican customs law.

Article 106, paragraph IV, section a) of the Mexican Customs Law reads that foreigners holding a Non-Immigrant migratory status (student, pensioner, business person, technician, etc.; except refugees and political refugees) will be allowed the temporary import of a single vehicle; in conformity with the precept cited, Article 42 of the General Population Act describes the migratory status of Non-Immigrant Visitor, which can be extended for up to four equal periods of time and allows multiple entries and exits. These extensions will in turn extend the legal stay of the temporarily imported vehicle on national territory, in accordance with Regulation 3.2.6 of the 2004 General Regulations on Foreign Trade Matters [Reglas de Carácter General en Materia de Comercio Exterior] stating that for those whose migratory status has been extended in accordance with the law, the validity of the temporary import permit issued for the corresponding vehicle is automatically prolonged for the same amount of time. The official document that extends the importer's stay in the country also stands as proof of the legal stay of the vehicle.

3. If a foreigner enters Mexico as a Tourist and changes his/her migratory status to Visitor (FM-3) A foreigner who enters national territory with the Migratory Status of Non- Immigrant Tourist will be entitled to stay in Mexico for a period of up to six months without extension. However, if this status changes to that of Visitor with an FM-3, the latter regulation will apply.
4. If a foreigner holding an FM-3 is accidentally given an FMT at the port of entry with his/her temporary vehicle import permit.

A foreigner must prove that his/her Migratory Status is regulated by Article 106, paragraph IV, section a) of the abovementioned Customs Law, and in accordance with its validity, the temporarily imported vehicle will be legally allowed into the country.

5. The FM-2 holders have the right to temporarily import a vehicle:
   In regard to the Migratory Status of Immigrant (FM-2 card holders), only foreigners with the status of Immigrant of Independent Means (pensioner) will be allowed to temporarily import a vehicle onto national territory, as stated in Article 106, paragraph IV, section a) of the Customs Law.
6. Foreigners travelling under an FM-2 or FM-3 must clear immigration and customs
7. Who can drive a car in Mexico
   Only the permit holder's spouse, his/her parents, children or siblings may drive the vehicle if they are foreign residents or any other person if the permit holder is in the vehicle.
8. When leaving the country with your car
   When a credit card has been used, the temporary import permit may be returned at any port of entry. Under Mexican law, a vehicle with an expired permit will be impounded subject to confiscation, and fines may be levied against the owner/driver.
   Please return your temporary permit to Banjército to obtain a certificate stating that the vehicle has been removed from Mexico. Cancel the permit before it expires; sanctions will be imposed on persons who fail to do so. Permits may not be returned in Canada.

         www.banjercito.gob.mx

IMPORTANT NOTE: If the temporary importation of the vehicle was not cancelled before leaving the Mexico, you can not do it from Canada since customs authorities were not notified properly of the vehicles' devolution to its place of origin.

Please get in touch with Administracion General de Aduanas
www.aduanas.gob.mx

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Consumer affairs

If you were dissatisfied with products or services provided during a visit to Mexico, you may file a complaint through the Embassy of Mexico, its Consulates in Canada or through the Federal Agency of Consumer Affairs (Procuraduría Federal del Consumidor, PROFECO).

In order to file a complaint, you must do the following:

• Fill out a complaint form avalilable at our Consulates or at Procuraduría Federal del Consumidor, PROFECO

• Enclose a letter describing the problem and stating the purpose of your claim. Include your name, address, telephone numbers and the best time to reach you. Also include the name and address of the company, or any data to identify the service provider in question.

• Submit all documents that may serve as proof of your complaint, such as copies of cheques, credit card slips, receipts, credit card statements, airplane tickets or any other document that might be relevant to your claim.

Procuraduría Federal del Consumidor
Dirección General de Quejas y Conciliación
Av. José Vasconcelos No. 208, 6º piso,
Col Condesa, Delegación Cuauhtémoc
Mexico D.F. 06140
Te: (011-525) 5568-8722, 5211-1723; 5211-2318
Fax: 5211-1537

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Bringing pets, food and plants into Mexico

Caution must be exercised when bringing animals, plants, and their products and sub-products into Mexico, as they can be transmitters of plagues and diseases. If you are bringing forest, flora or fauna products or sub-products, declare them!

Animals that are Permitted

Cats and dogs are permitted with their vaccination record and the following documents that must be presented to the Mexican health authorities upon entering Mexico with the animal:

• A certificate of good health issued within 15 days of your departure date by any Canadian veterinarian, stating that the pet (cat or dog) is free of contagious diseases.
• Certificate of vaccination. This document must specify that the pet have been vaccinated against Rabies, Hepatitis, and Distemper. (If the animal is old enough)

If you are bringing more than two animals, you must pay a fee to obtain an import certificate. You can get the import certificate only in offices of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food (SAGARPA), located at the Mexican border, ports of call and airports in Mexico. You can do this with the help of a relative and pay the fees through the bank. If you have questions, call (55) 91 83 10 00 ext. 34087, 34093, 34106, 34085 or 34116.

Wild animals and endangered species require a special permit from the Mexican and Canadian authorities to travel to Mexico.

Please take note that it is no longer required to obtain the consular visa for all animal health certificates. Said documents can be presented as issued by any licensed veterinarian, as indicated above.

What foods or products of US or Canadian origin can I bring into Mexico?

• Pork: fresh, frozen, canned, cold cuts, dried, cooked or processed, packaging must indicate place of origin (maximum of 15 kg. per person).
• Poultry: fresh or frozen, you may only bring in poultry from the US that comes from non-quarantined states, and the label or inspection seal of the packaging must specify the state of origin (maximum of 3 turkeys or chickens per family).
• Canned pâté from uncontaminated poultry products; packaging label must specify place of origin (maximum 3 items per person).
• Pasteurized milk in liquid or powdered form, evaporated or condensed milk; fresh or ripened cheeses; butter or cream; packaging label must specify place of origin (maximum 3 items per person).
• Processed products made from the following: potatoes, legumes, oil-producing plants and seeds (such as sunflower seeds, coconuts, etc.), fruits, vegetables, malt, turmeric and roasted coffee.
• Flour and semolina made from: corn, cassava/tapioca, wheat, oat, rye, soy and rice.
• Dried products: soft-shelled nuts (except for walnuts, if they come from Texas); cashews, shelled; straw handicrafts (except those made from wheat); shelled almonds and hazelnuts, salted and roasted pistachios; prunes, dried herbs and spices.

Duty free donations

The Mexican Embassy appreciates the kind intentions of Canadians and Canadi

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