Law of Human Mobility (Immigration Law)

Yesterday, the National Assembly sent the Law of Human Mobility Law (Immigration Law) to have the ok of President Correa. The President can reject the law or approve it, with or without changes. After his approval, it will be published in the official newspaper (Registro Oficial), and it will be in effect since this publication. The President will have to approve the specific regulations to the law withing one hundred and eighty days after it is published.

From very reliable sources in the National Assembly, we have learned that there will be no changes to this new law by the President.

We have reviewed the law, and found several new estipulations that we know will be of your interest, which we will summarize here:

Tourists.

•    Tourists can stay in the country for a 90-day term in a one year term from their entrance to the country.

•    This term may be extended for up to 90 additional days upon request and payment of a government fee.

•    Tourists can also obtain a special tourist visa to extend their stay in the country for up to one year. This special visa can be requested only one time every five years.

•    All tourists must have a public or private health insurance.

Resident visas: Temporary and Permanent.

Temporary residency: Temporary residents will be entitled to a two-year visa that could be renewed for one more term.

This type of residency covers the following categories:

•    Worker
•    Rentist
•    Retired
•    Investor
•    Scientist, researcher or academic
•    Sportsman, artist, cultural manager
•    Religious officer or religious volunteer of an organization recognized by Ecuador.
•    Volunteer
•    Student
•    Professional, technician, technologist or craftsman
•    Resident by agreement
•    Dependent
•    People under international protection

Temporary Resident Visa Requirements.

1.    Official documents proving the category of visa to which the person will apply.
2.    Valid passport for minimum six months.
3.    Criminal background of the applicants’ country or the country where they have lived in the last five years.
4.    To not represent a threat to the Ecuadorian internal security.
5.    Proof of licit means of living that will allow the applicants and their dependents’ sustainability.

•    Once the visa is granted, the temporary resident must obtain a public or private health insurance.

•    Temporary residents could be out of Ecuador for a maximum term of 90 days per year, which will be accumulative within their residency term.

Permanent Residency.

Foreigners can stay in the country indefinitely if they meet at least one of the following conditions:

1.    To be a temporary resident for at least 21 months and request the permanent residency before the temporary residency has expired.
2.    To be married or have a legally recognized relationship (unión de hecho) with an Ecuadorian.
3.    To be a minor or a person with a disability who is a dependent of an Ecuadorian or of a foreign person with a permanent residency.
4.    Relatives under the second degree of consaguinity or affinity of an Ecuadorian or of a foreign person with a permanent residency.

Permanent Residency Requirements.

1.    Valid passport.
2.    Background certificate.
3.    To not represent a threat to the Ecuadorian internal security.
4.    Proof of licit means of living that will allow the applicants and their dependents’ sustainability.

•    Once the permanent residency is granted, the foreigner must obtain a public or private health insurance.

•    Permanent residents could be out of Ecuador for a maximum term of 180 days in each year from the date their visa was granted, during the first two years.

•    After those two years, permanent residents could be out of Ecuador for up to five years.

•    Being out of the country for more than five years will cause loss of the residency.

Ecuadorian Citizenship

In order to obtain the Ecuadorian citizenship, foreigners must have been living in Ecuador on a regular and continuous basis for at least three years.

A foreigner can also apply to the Ecuadorian citizenship after two years of being married or legally united to an Ecuadorian citizen.

Penalties.

Among the penalties established by this new law, we find the following:

•    Tourists or residents cannot perfom activities other than the ones allowed by their migratory category. Failure to comply with this regulation will cause a fine of one unified minimum salary (currently, USD 375). Reincidence will cause cancellation of the visa.

•    Temporary residents who are out of Ecuador for more than 90 accumulative days per year within the validity period of their residency will pay a fine of three unified minimum salaries, thus USD 1.125.

•    Permanent residents who are out of Ecuador for more than 180 per year during the first two years from the date when their migratory status was obtained, will pay a fine of four unified minimum salaries, thus USD 1.500.

•    Permanent residents who are out of Ecuador for more than five years after the first two years will lose their residency status.


For further questions you can contact us at the following numbers:

 

Cell: 593 980322100

US number: (303) 923-5818

Or visit our website: www.zambranoyasociados.com