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New Mexican Foreign Worker's Policy??? what?


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#11 rodent

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    Posted 01 April 2008 - 11:36 PM

    Quote:
    Originally Posted by MikkiStreak
    Ok, the way this sounds---- it seems as if Canadian residents entering Mexico provide "proof" they are entering Mexico without the intent of long-term employment, and that's about it.

    Temporary Entry into the United States and Mexico - The North American Free Trade Agreement (NAFTA)

    I tried going to the Canadian Embassy site listed, but get an error (something between the two sites isn't communicating properly).
    Is it the same for someone from the US entering mexico? I would think NAFTA would be the same for all of north america.

    The work permits only seem possible to get if the person is a resident of mexico for some time. If NAFTA states a person can do business in Mexico as long as they are not making permenent residence then traveling photographers shouldn't have a problem.

    #12 MikkiStreak

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      Posted 01 April 2008 - 11:57 PM

      Is it the same for someone from the US entering mexico? I would think NAFTA would be the same for all of north america.

      The work permits only seem possible to get if the person is a resident of mexico for some time. If NAFTA states a person can do business in Mexico as long as they are not making permenent residence then traveling photographers shouldn't have a problem.
      From what I was reading elsewhere, it sounds like there may be other policies in the works (or even in place already) where the US and Mexico are concerned because of the immigration issues our "president" and President Fox have tried to negotiate.

      But, I don't know if Mrs. V's photographer is from the US or not. I assumed the photographer is Canadian, since she's from Canada...

      #13 PaulSchrank

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        Posted 02 April 2008 - 12:21 AM

        When an American or Canadian citizen is entering Mexico with the intention of doing business, then you have to state that on the immigration form you fill out on the plane. It's one of the checkboxes. I've never done this, but I assume you have to explain it when you get to the front of the line in customs in mexico. it would help here to have email correspondence with the reort stating that you'll be working there. Then the person in customs marks your tourist visa as a business visa. This is what Karisma wants to see.

        Alternatively, if you are an American citizen living and working in Mexico, like myself, then you need an FM-3, the equivalent to a green card (yes it is colored green). This would be the other thing Karisma wants to see.

        This has always been the policy here and is always a concern for ex-pats living here. My neighbor is a timeshare salesman and he tells a story about the mexican Federales surrounding the sales floor and checking everyone's FM-3. It does happen and it's big trouble for the resort. So it's totally within their rights to request it.

        Look into getting a business visa for your traveling photographer or confirm that whoever you hire here is either a Mexican citizen or an FM-3 carrying foreigner.

        #14 rodent

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          Posted 02 April 2008 - 08:35 AM

          Quote:
          Originally Posted by scharke
          When an American or Canadian citizen is entering Mexico with the intention of doing business, then you have to state that on the immigration form you fill out on the plane. It's one of the checkboxes. I've never done this, but I assume you have to explain it when you get to the front of the line in customs in mexico. it would help here to have email correspondence with the reort stating that you'll be working there. Then the person in customs marks your tourist visa as a business visa. This is what Karisma wants to see.

          Alternatively, if you are an American citizen living and working in Mexico, like myself, then you need an FM-3, the equivalent to a green card (yes it is colored green). This would be the other thing Karisma wants to see.

          This has always been the policy here and is always a concern for ex-pats living here. My neighbor is a timeshare salesman and he tells a story about the mexican Federales surrounding the sales floor and checking everyone's FM-3. It does happen and it's big trouble for the resort. So it's totally within their rights to request it.

          Look into getting a business visa for your traveling photographer or confirm that whoever you hire here is either a Mexican citizen or an FM-3 carrying foreigner.
          Is it possible for a traveling photographer to get this? From the guidelines, it doesn't look like you can obtain an FM-3 without living in Mexico.

          #15 PaulSchrank

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            Posted 02 April 2008 - 09:02 AM

            Let me clarify. A traveling photographer who does not live in Mexico needs a Business Visa to work in Mexico while they are here. They do not need an FM-3. The form that you fill out on the plane has the visa card on the bottom and it has blue boxes that say "For Official Use ONly". If you check the box that says "yes I'll be doing business here" then the customs official will check the box on your visa that says "Business" in the blue box part on the bottom. There are two checkboxes on the visa for the customs official, one that says "Tourist" and one that says "Business". It's the same form and the same visa card (attached to the form) for everyone on the plane.

            I have never tried to enter Mexico and get a Business Visa so I don't know what kind of song and dance you have to do when you get to the customs official in order to get them to grant a business visa. I don't know if it's easy or difficult but I would recommend having lots of emails printed out and maybe a contract with the name of the resort on it that you can point out. The photographer is shooting "on location" in Mexico and I have to believe this is very common so it won't be too much hassle.

            This is my suggestion. The photographer should bring a nice binder with their business card attached to the front. Inside the binder is a copy of the contract with the resort name and coordinators name highlighted. Put a copy of an email correspondence that confirms the payment of any fee and the permission for the photographer to work there. A copy of your travel itinerary that shows the return trip date. Present this to the customs official when you get to the front of the line.

            If someone is bringing down a photographer, call the Mexican Embassy/Consulate in your hometown and ask them what you need to get a Business Visa. Post their answer here.

            #16 rodent

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              Posted 02 April 2008 - 09:09 AM

              Quote:
              Originally Posted by scharke
              Let me clarify. A traveling photographer who does not live in Mexico needs a Business Visa to work in Mexico while they are here. They do not need an FM-3. The form that you fill out on the plane has the visa card on the bottom and it has blue boxes that say "For Official Use ONly". If you check the box that says "yes I'll be doing business here" then the customs official will check the box on your visa that says "Business" in the blue box part on the bottom. There are two checkboxes on the visa for the customs official, one that says "Tourist" and one that says "Business". It's the same form and the same visa card (attached to the form) for everyone on the plane.

              I have never tried to enter Mexico and get a Business Visa so I don't know what kind of song and dance you have to do when you get to the customs official in order to get them to grant a business visa. I don't know if it's easy or difficult but I would recommend having lots of emails printed out and maybe a contract with the name of the resort on it that you can point out. The photographer is shooting "on location" in Mexico and I have to believe this is very common so it won't be too much hassle.

              This is my suggestion. The photographer should bring a nice binder with their business card attached to the front. Inside the binder is a copy of the contract with the resort name and coordinators name highlighted. Put a copy of an email correspondence that confirms the payment of any fee and the permission for the photographer to work there. A copy of your travel itinerary that shows the return trip date. Present this to the customs official when you get to the front of the line.

              If someone is bringing down a photographer, call the Mexican Embassy/Consulate in your hometown and ask them what you need to get a Business Visa. Post their answer here.
              Thank you so much for clarifying this. There has been a lot of information around saying that it is not legal for a photographer from the US to fly in to Mexico to take pictures without a FM-3. But, when I read all the info, it sounded like that was just for someone who will be living in Mexico to work. And according to NAFTA, it should be legal for US traveling photographers to work in mexico. Thank you for clarifying the business visa.

              Recently a photographer who is a US citizen with an FM3 visa was herassing photographers on this forum (they are banned). That is why I started looking into this.

              #17 pryzeless

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                Posted 02 April 2008 - 09:19 AM

                Funny, EDR has not sent this email to me...yet. We are still working on the photog issue. I wonder if other brides had to have their photog do this.

                #18 jfwolfe72

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                  Posted 02 April 2008 - 09:41 AM

                  I'm getting married at EDR also (in three weeks from today - yikes!) and I didn't receive any type of notification about this. Then again, my photographer is from the Cancun area, so would this be an issue for me? Ugh - I'm really getting tired of these last minute surprises from the resort....really, really tired.....

                  #19 Elizabeth Medina

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                    Posted 02 April 2008 - 09:44 AM

                    Hi, this is really something to get as an email! I don't think it has anything to do with current politics or the president...more that they have decided to demand the $500 surcharge across the board when any "outside" photographer is used at the resort, regardless of nationality.

                    It is not legal to work in Mexico after entering the country on a tourist visa, a work visa is necessary to legally work in Mexico. I think that is the case in just about any other country as well.

                    As my amigo Paul said, those of us who are foreigners or "extranjeros" (I always like that word because is so similar to "extra±o¨ or strange, which is how it can make you feel to live in a foreign country...like you are the strange one! ) need special working papers called the FM3 or to obtain Mexican citizenship. You need to qualify and the process takes some time and money. There are also temporary work visas that are obtained through the embassies and consulates outside Mexico for those that do not plan to reside permanently in Mexico, they can get it for just the particular job they are coming to do. Countries need to control (or attempt to control) and protect their own economies and the local workers who could be doing those jobs. Its a fact that when you hire a resident there is a trickle down effect to the local economy.

                    Can "traveling" photographers get away with working on a tourist visa? Probably, at least initially. If the photographer regularly works in a country where they have no work permit I would think that is not a responsible business practice (apart from being illegal), because if they were to be caught and not allowed to return they would not be able to honor commitments to their clients. I would think that it would be wise of the potential client to ask the photographer who advertises as a ¨Mexico wedding photographer¨ about whether or not they are able to legally work in that country and then assess the risk for themselves.

                    That said, as a one time thing, if one of my BDW friends would like to invite me to be a guest at her wedding in Italy or Greece I promise to be the guest who takes the most amazing pictures ever!

                    Good luck MrsV, I hope this gets worked out with the least amount of stress possible.


                    ETA to clarify after reading the last posts, IMO it might be be wise to check with the consulate or embassy for clarification of the Nafta visa and whether it applies to the particular case. I think it is more for employees of businesses that have permits to do business in Mexico, ie Costco managers, etc. As independent wedding photographers we are business owners and our couples are our clients, not our employers I believe. But really for a sporadic thing I don't think there could possibly be a problem! For sure I don't want to worry any brides, you all have enough on your plates!

                    #20 MrsV-to-be

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                      Posted 02 April 2008 - 10:09 AM

                      Thank-you so much for all of the responses everyone!
                      That definitly helps!

                      From what I understand from everyone's post, is that my photographers (who are Canadian) should just check that they are doing business in Mexico, and at Immigration bring along a copy of our contract, their return tickets and an email from the resort saying they can come in.
                      I will also attempt to call the Mexican Embassy here to find out more info.

                      Technically, however, I'm not paying my photographers for their services. They are attempting to break into the destination wedding market and offered us a deal, where we pay for them to come down & their board, and they will shoot the wedding for free. This should mean, that this policy would not apply - but I have a feeling trying to explain this to everyone may just complicate things!!

                      pryzeless & Jen: I believe the resort knew I was bringing in photographers from outside of Mexico. So if your photographers are local - you should be just fine :)




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