A tourist is a person who come to Ecuador in order to carrying out tourist activities and who is prohibited to develop any work activities.
REGULATION OF THE ORGANIC LAW OF HUMAN MOBILITY
According to article 56 of the Regulation of the Organic Law of Human Mobility signed on published on August 10th, 2017; a person who enters Ecuador as a tourist, can stay in the country for a maximum length of 90 days, counted from the date of first entry to Ecuador within a period of one year. This stay can be extended for an additional 90 days, following the payment of a fee and the filing of an application before the migratory control authority.
In addition, according to article 132 of the same regulation act, the Ministry of Interior of Ecuador will be in charge of giving the extension of 90 days. The fee for the extension of stay for 90 days will be one-third of the Ecuadorian minimum wage salary. (1/3 of a minimum wage – 2017 minimum is $375,00).
Moreover, according to the provision six of the same regulation act, the Ministry of Interior has 90 days (Feb 6th 2018) to publish the regulations related to the collection of fines for migratory offenses, but until the issuance of these regulations, no foreigner will be required to pay these fines.
In case a foreigner has not regularized (got a proper visa) its migratory status in Ecuador, the authority will issue a written notice to the foreigner requesting to leave Ecuador voluntarily within 30 days and the payment as a fine of 2 ecuadorian minimum wages to the migratory control authority. In the case of non-compliance of the voluntarily exit Ecuador, a deportation procedure will be initiated against the foreigner.
FINES AND SANCTIONS
Foreigners who have entered the country with a permit to stay for 90 days and have not left the country nor requested an extension, will not be able to enter Ecuador for two years, counted from their date of departure unless the foreingner pay a fine of two months’ salary at minimum wage.
Foreigners who entered with a permit to stay and who requested an extension but stayed more than 180 days, cannot re-enter Ecuador for two years, or in the case they want to return sooner they must pay a fine of two ecuadorian minimum wages.
Foreigners with a permit to stay for 90 days, and left the country within their 90 days of the ir permit, will not be able to enter Ecuador for a period of 9 months unless they get a visa in a ecuadorian consulate.
Foreigners who have lawfully stayed in the country for 180 days cannot come back to Ecuador for the next 6 months unless they get a visa in a ecudorian consulate.
Because it is an issue of great importance, EcuaAssist has been concerned in obtain an official statement from the authorities. In the past few days, we received a notice from the Ministry, which states that from November tenth to December ninth all the foreigners in irregular condition since the enforcement of this law, will have the right for the extension.
If you find yourself in any of the above described situations and need legal advice, feel free to contact us at email@example.com
The EcuaAssist team