Death of a Primary Visa Holder: How Are Dependents Impacted?

The EcuaAssist Team

Article 60, numeral 13, of the Organic Law of Human Mobility establishes an amparo status to individuals protected by the holder of a migratory category. This includes children and spouses or partners in a legally recognized common law marriage to the holder of the primary visa.

Article 79 of the Regulation of the Human Mobility Law states that, “The holder of a temporary residence visa may request this protection category for their children, spouse, or partner in a duly recognized partnership by common law, submitting the documents that … allow determining the filiation or marital bond or common law marriage, according to the case, between the beneficiary of the protection and the holder of the temporary residence visa.”

It is important to mention that the validity of the dependent visa (Amparo) cannot exceed the validity of the principal visa holder.

However, one of the most common worries for the holders of a dependent visa is what happens in the case that the primary visa holder dies.

According to Article 65 of the Organic Law of Human Mobility, in the event of the death of the primary visa holder of temporary and permanent residency visas, the protected person or dependent visa holder does not lose their visa or their legal status.

Article 102 within the same law gives additional information regarding the migratory status of individuals protected in case of the death of the primary visa holder. In these cases, the regulation of the law states that in order to keep the migratory status the dependent visa holder must submit the death certificate of the principal visa holder to the appropriate administration within the Ministry of Foreign Affairs that issued the visa. This is required within a period of thirty days. Failure to comply with this provision constitutes a reason to cancel the visa.

After fulfilling the obligation stated in the previous paragraph, the protected person will retain the visa. If applicable, they may request a change to a permanent residency status as long as the requirement of having completed a minimum of twenty-one (21) consecutive months as a resident has been fulfilled, as well as, the requirements established in the Organic Law of Human Mobility and its regulation.

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