Ecuador Visa and Residency Questions
From our 3rd Q&A Coffee Hour: Cuenca – May 20, 2013
1. What is the documentation required for residency?
To answer this question you must first decide what type of residency visa you are most interested in and/or qualified for. There are a number of different types available but these are the most common:
9-I Pensioner: If you receive over $800 per month from a foreign source
9-II Real Estate Investor: If you invest a minimum of $25,000 in real estate
9-II Investor: If you invest a minimum of $25,000 in a bank or credit union
9-V Professional: If you have a degree from an approved college or university
Requirements vary somewhat based on the type of visa you apply for, but there are some that are standard for all residency visas:
Request for visa, written in Spanish and signed by you or your legal representative.
Visa application form with a passport-sized photo attached.
“Migratory Movement Certificate” showing all your comings and goings to and from Ecuador. (May be obtained for free at the Immigration Police Station)
Notarized color copy of passport front page and stamp page
Notarized color copy of visa page (if you already have a 12-IX or other visa)
Apostilled, translated criminal background check (Cuenca requires either a state or FBI check, not local)
Make sure your written request and application form are both dated according to the day on which your application is sent in. (If your application is rejected you will need to reprint any forms that are incorrectly dated.) This is why it is a good idea not to date your application form until your entire application has been approved.
If you fill in your application form by hand, make sure that nothing is crossed out or whited out.
All documents coming from outside Ecuador (except passports) need to be apostilled by the foreign government’s secretary of state. (see below)
All documents written in a language other than Spanish (except passports) must be translated to Spanish and the translator’s signature must be certified by a notary in Ecuador or, if the translation is done abroad, by an official in an Ecuadorian consulate.
2. What is an apostille and how do I get it?
An apostille is a type of certification that is issued by the Secretary of State of a country (or of a state in the U.S.) that makes a document legal on an international scale. Just as a notary certifies that a copy is exact or a signature is true, an apostille certifies that a notary or public official is a real legal authority. This certification is necessary to make any document legally acceptable in Ecuador. EXCEPT for in a handful of countries (including Canada) that were not party to the apostille treaty signed in 1961 at the Hague Convention. For those countries, documents need to be legalized by the nearest Ecuadorian consulate.
To find out the exact requirements and procedures for acquiring an apostille, you will need to contact the Secretary of State of the country or state where the documents in question were issued and/or notarized.
3. Do I need a bank account in Ecuador in order to get residency?
Not at all. Only for the 9-II investor’s visa based on a Certificate of Deposit do you need to open a bank account. For any other type of visa a bank account is not necessary but of course you may open one if you wish.
Different banks and credit unions have different policies in terms of allowing foreigners to open accounts. Banco ProCredit is one of the easiest banks to get involved with as they have very few limitations and requirements for foreign account-holders. Banco Pichincha requires foreigners to have been in the country for at least three months before opening an account, but they do not directly require a residency visa. Banco del Pacifico is a bit tougher. They will accept either a missionary, volunteer, work or residency visa but will not grant an account on a 12-IX (the standard 180 day visa). These policies are of course subject to change at the discretion of each individual bank, and there are a number of other banks and credit unions that have different policies not mentioned here.
4. Please clarify requirements for staying in Ecuador as a resident, after the first 2 years.
There is a lot of confusion and misinformation floating around about this section of law so we will try to be as clear as possible.
Article 10 of the Law of Migration states that foreigners will not be allowed into the country upon leaving if they are Ecuadorian residents...
IV.- Que permanecieren en el exterior más de noventa días en cada año durante los dos primeros años de su admisión e inscripción o más de dieciocho meses consecutivos en cualquier tiempo o dieciocho meses o más con intermitencia durante cinco años.
IV.- Who have stayed abroad more than ninety days each year during the first two years of their admission and registration [as residents] or more than eighteen consecutive months at any time or eighteen months or more intermittently over five years.
The phrasing of this law leaves a little bit of room for interpretation. The most conservative interpretation, and the one that we at EcuaAssist stand by is this: