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PERMANENT RESIDENCE VISA - NEW REQUIREMENTS (2021)







Recieving a permanent visa is the final step, when a temporary resident has grown tired of visiting the Ministry to update their legal status every two years. Although for those protected by an amparo visa, this is their first and last step in order to reside in Ecuador permantly.


The human mobility law was changed and put into effect on February 5, 2021. Due to this change, there are two requirements that have changed in order to apply for your permanent visa, according to Article 40:


If you are a temporary resident, these are the requirements to take into account to be eligible for Permanent Residence:

  • Have resided in Ecuador for 21 uninterrupted months. Previously, you could not leave the country for more than 90 days for each visa year.

  • An Ecuadorian background check

  • Demonstrate legal income:


-12 bank statements showing that you have received an income of an Ecuadorian basic salary or more each month ($400).


-6 tax statements prior to applying for the visa where you have at least an income of an Ecuadorian unified basic salary or more ($400+).

  • Health insurance (also required to obtain a cedula) as explained in the regulations that have not yet been put into effect. In many offices of the Ministry they ask for health insurance as a requirement to be able to apply for the Permanent visa.

This creates a bit of confusion because in the case of temporary residents, they may stay outside the country without any restriction with their temporary visa. Although, if a person holding a temporary visa would like to apply for a permanent resident visa, they must stay within the country for 21 months in a row, while on their temporary visa.

In the case of those who are eligible for a permanent visa through marriage with an Ecuadorian or permanent resident foreigner, or through a relationship up to a second degree of kinship with an Ecuadorian or a foreigner with permanent residence, the requirements are as follows:


Criminal records of the country(s) where you have resided for the last 5 years: The document will be valid as long as it complies with the provisions of Article 41 Number 5: "Not having obtained an enforceable sentence for crimes such as murder, homicide, rape, kidnapping, or any other crimes sanctioned with imprisonment of greater than five years, as established by current criminal law."


An official apostilled document that certifies your relationship with said Ecuadorian or permanent resident foreigner.


-Marriage Certificate: Duly registered at the address of the civil registry of Ecuador.

-Birth certificate: Where the names of at least one of the parents match.


Legal proof of income: In this case, according to Article 5 of the Ministerial Agreement 85 that talks about the Legal Livelihoods Protocol, the following may be used:

  • Account statement with an income of a unified basic salary or higher; in the case of a protected person (Amparo visa) or a person married to an Ecuadorian or permanent resident foreigner, you can present the legal proof of income of the person who protects you.

  • Tax return for the month prior to the application showing income equal to or greater than a unified basic salary ($400).

  • Notice of entry into the IESS one month prior to the request of the foreign person or the visa holder in the case of Amparo visas.

  • Registered professional title.

  • Investment certificate from a financial institution.

It is highly advised that a temporary resident decides no later than one year after receiving their temporary resident visa to apply for the permanent resident visa. This will allow sufficient time for the application process and meeting the requirement of a 21 month continuous stay.




In this link you can watch a series of videos about the new changes to the immigration law in Ecuador and how they can affect you.



Or, you can book a 15 minutes FREE OF CHARGE appointment here!




The EcuaAssist Team



 

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.






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