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Advantages to Becomming a Mexican Citizen – "To Be or Not to Be"
by LIC. JAQUES-EDOUARD BEAULNE, LL.B.
Taking the time to become a Mexican citizen is not only respectful of your new found home but may have distinct business and real estate advantages.
This famous quote from Shakespeare has been repeated and repeated through times, not only in theatres around the world and can be applied to this article that will be regarding to be or not to a foreigner in Mexico while one resides in the country 99% of the time.
At first, as an introduction we must look at which word should we use to define a person who lives in a country which is not the one where he was born.
The Webster dictionary provides us two words to describe a person living abroad from his country of origin. In alphabetic order the first word comes from medieval Latin as expatriatus, past participle of expatriare to leave one's own country, from Latin ex- + patria native country, from feminine of patrius of a father, from patr-, pater father is “expatriate” which applies to one who leaves his own country and also can be used to describe one who withdraws from residence in or allegiance to one's native country; the most often used word is foreigner which describe a person who belonging to or owing allegiance to a foreign country while in a country where he resides. The same word can be used to describe in a dialectic way one not native
to a place or community. Thus both words can be used to describe persons coming from a different country depending on the allegiance.
This brings us to the main topic of this article title to or not to be a Mexican citizen, in other word acquire the Mexican nationality through the process called “naturalization”. For years countries did not permit one of their citizens to hold two nationalities. At this time there are still some countries that have laws to actually punish one who acquires second nationalities by negating the right to what ever pension paid by them even though this is contrary to human rights.
One can ask what are the advantages of acquiring an other nationality? The answer to this a many facets, first of all when one wants to reside in a foreign land one must respect the immigration laws and is subject to be restrained in his movements. Second when one is considered a foreigner one must present himself in front of immigration authorities on a regular basis. Third an immigrant can not do a job that can be done by a local person. Fourth been a foreigner one can be restricted in the type of business and fifth be open to “human” discrimination.
In Mexico a foreigner who has lived in Mexico for a certain period can acquire the Mexican nationality by the NATURALIZATION process established in the Ley de Nacionalidad¨ (Nationality law) and if his country of origin has signed the international United Nation convention on multiple nationality he can retain his first nationality while respecting a basic rule of not use his previous nationality and passport while in the Mexican territory.
The periods that one must have lived in Mexico are different depending on the origin or the present situation of the applicant. The longest period is 5 years from the time one has acquired an FM-2. The second period is 2 years if one is born in the peninsula where Spain and Portugal are or in one of the Latin countries in America or if one is married to a Mexican person or if one has adopted a Mexican child. The law permits the naturalization of a person who made a “significant contribution” to the Mexican nation. The periods of time that one is required to have resided in Mexico can be cut by absence periods but must respect the disposition of the law and one will be asked to prove his movements in and out of Mexico.
Along with this first rule a second one is composed of 3 conditions that one must respect: A) Speak Spanish; B) Have knowledge of the history of Mexico; C) Live with Mexican.
The second rule condition of speaking Spanish does not imply that one who applies to become a Mexican citizen has to write or read. A by-law of the law of nationality does say that the applicant can be subject to an exam and that the exam must be from a certain institute but this been said the law is specific “speak Spanish” and been of public order the words of the legislator are to be interpreted in a restricted manner thus one who is asked to write an exam can and must decline. Furthermore if one is asked to pass a verbal exam
one can and must require that the exam is the one approved by the institution which is named in the by-law. The second condition is that regarding the history of Mexico. It is only proper that one who desires to become a citizen of a country that one has some knowledge of the history on how the country became what it is today, this been said this does not mean that one has to have a full knowledge of the history, a basic knowledge is sufficient and this does not means that one has to learn the Mexican national anthem. Regarding the last condition which is to live with Mexicans one lives in a general way if one is residing in Mexico.
When one has meet the two basic rules one can solicit the nationality by presenting documents and forms to the SRE office and then wait for the decision. This period can be as long as 2 years and according to the director of the SRE in Mexico City no less of 8 months in emergency cases. The reasons for this is that first of all the application can be sitting in the local delegation up to 30 days, once received by the SRE in Mexico city the file is forwarded to the immigration institute where an international investigation is done on the applicant, this can take 6 months, once approve by immigration the file goes through several departments of the SRE and eventually the ¨carta de naturalizacion” is issued and send to the local delegation which will probably advise the applicant to present himself.
Does it help to go to Mexico City instead of applying through the local SRE office? The answer is no, the process is the process and no one can jump the line of thousands who are requesting the nationality.
What can be done to help in getting the nationality in the shortest time? By using a legal representative who should be a lawyer who specializes in the process and who will make the inquiries at the proper level to be informed of the stage in which is the dossier. This been said, if one requests info the dossier is taken out of the “line of production” review for providing an answer and then with time returned at the stage it was in...best not to bug and bug....
What about lawyer who promises that it can be done in a short time by depositing at the SRE in Mexico City...this is to be taken with precaution, one must be very careful of false documents.
Finally what are the advantages? Once naturalized you have the status of citizen, you do not answer to immigration, and you have the right to acquire the IFE card and vote. You have two nationality and can use your former passport and nationality once outside the Mexican territory and if this represent a threat you can use the Mexican one you can acquire real estate property by means of an Escritura or by an FTD contract. In other words your home.
Contact Information for Can-Am-Mex
Lic. J.E. Beaulne, LL.B.
Abogado / Avocat / Attorney at Law,
Cedula profesional # 0086,
Miembro del Colegio de Abogados de B.C.S.
Member of the Lawyer's College of B.C.S.
Plaza Cerralvo, Suite 6
Alvaro Obregon #1665
La Paz, B.C.S., Mexico C.P. 23000
24 Hour Emergency Tel: 044-612-8681027
Office: 612-128-6859
Puerto Vallarta - 044-322-227-6531