Digital Nomad Visa in Ecuador: Switching Employers and Maintaining Your Status

As an Ecuadorian immigration specialist with extensive hands-on experience in Cuenca, I frequently guide expatriates through the nuances of their residency status. The Digital Nomad Visa, or Residencia Temporal de Nómada Digital, is a popular and modern option, but it brings with it a critical question: Can you switch employers while holding this visa?

The answer is yes, you can—provided the switch adheres strictly to the foundational principles of the visa. Navigating this change correctly is crucial to maintaining your legal status in Ecuador. Let's dissect the legal framework and practical steps.

The Legal Foundation: Your Status is Tied to Foreign Income

The Digital Nomad Visa is a temporary residency category established under Ecuador's Ley Orgánica de Movilidad Humana (LOMH). Its specific requirements and procedures are detailed in subsequent regulations, most recently and importantly in Acuerdo Ministerial No. 008, issued on March 11, 2024.

This ministerial agreement clarifies that the visa is for individuals who perform work or provide services remotely from Ecuador for a foreign individual or company. The core legal principle is that your economic activity benefits a foreign entity, and your income originates from abroad. The visa is fundamentally a license to reside in Ecuador, not a permit to work in the Ecuadorian labor market.

Therefore, switching employers is permissible only if your new professional relationship maintains this foreign-source income structure.

Permissible vs. Impermissible Employer Switches

Understanding this distinction is the most critical aspect of compliance.

Permissible Switches (No Visa Change Required):

• New Foreign Employer: You resign from one foreign company and sign a contract with a different foreign company.
• New Foreign Clients: As a freelancer or independent contractor, you transition your client base from one set of foreign clients to another.
• Adding a Foreign Client: You supplement your existing remote work with an additional contract from another foreign entity.

In these scenarios, the nature of your legal and financial relationship with Ecuador remains unchanged. You are still a remote worker for a foreign source.

Impermissible Switches (Requires a New Visa Category):

• Accepting a Job with an Ecuadorian Company: This is the most common and serious error. If you accept a position with a company legally domiciled in Ecuador (even if the work is remote), you are no longer a digital nomad under the LOMH. This action constitutes working without authorization and is a serious migratory infraction (infracción migratoria).
• Contracting with an Ecuadorian Client: Providing services as a freelancer to a local Ecuadorian business or individual for payment also violates the visa's terms.

If you wish to work for an Ecuadorian entity, you must apply for a completely different visa, such as the Residencia Temporal de Trabajo (Work Visa), which involves a much more complex process, including registration with the Ministry of Labor and the IESS (Ecuadorian Social Security Institute).

Practical Steps & Documentation for a Compliant Switch

While there is no formal process to "notify" the Ministry of Foreign Affairs (Cancillería) of a simple employer change, you must maintain impeccable records. Immigration authorities can perform audits or require updated proof of your status, especially upon visa renewal. Failure to produce current, compliant documentation can jeopardize your residency.

Here is your checklist for a seamless transition:

1. Secure a New Apostilled Contract: Your new employment contract or service agreement is your primary evidence. It must explicitly state that the employer/client is foreign, that your work is performed remotely from Ecuador, and detail your compensation.

   • Hyper-Specific Detail #1: A common mistake is providing a simple, un-notarized letter from your new employer. The Cancillería has become increasingly strict. For maximum compliance, your new employment contract should be notarized and apostilled in its country of origin. This preemptively validates the document for any official review.

2. Demonstrate Continuous Financial Solvency: The DNV requires you to prove a stable monthly income of at least three times the current Salario Básico Unificado (SBU).

   • Hyper-Specific Detail #2: For 2024, the SBU is $460 USD, meaning your required minimum monthly income is $1,380 USD. You must be able to show this income from your new source through bank statements reflecting deposits from the foreign entity. Ensure there is no significant, unexplained gap in income between jobs.

3. Prepare a Declaración Juramentada (Sworn Statement): While not mandatory to file after a switch, it is best practice to have a notarized statement prepared. This document, sworn before an Ecuadorian notary, reaffirms that you understand the terms of your visa and that your new work arrangement is exclusively for a foreign entity, and you will not engage in the local labor market. This is a powerful piece of evidence demonstrating good faith.

The Cédula and Post-Visa Formalities

Once your DNV is approved, you must obtain your Ecuadorian identification card, the cédula. This process is separate from the visa itself and is handled by the Registro Civil.

• Hyper-Specific Detail #3: A frequent point of confusion for expats in Cuenca occurs at the main Registro Civil office on Av. México. After receiving your visa approval and orden de cedulación (cédula order) from the Ministry, you cannot simply walk in. You must first secure a separate appointment (turno) online specifically for the cédula issuance. Many new residents arrive without this appointment, believing the visa order is sufficient, and are turned away, causing significant delays. The current cost for a first-time cédula is $5 USD.

The Financials: A Reminder of Visa Costs

The government fees for the Digital Nomad Visa itself are non-refundable and paid in two stages.

• Hyper-Specific Detail #4: The total government cost is $450 USD. This is broken down into a $50 fee for the application submission (solicitud de visa) and a $400 fee paid upon approval for the visa certificate and cédula order (emisión de certificado de visado y orden de cedulación).

⚠️ Legal Alert: Red Flags That Demand Professional Consultation

If your new work arrangement involves any of the following, you must immediately consult with a qualified Ecuadorian immigration attorney before proceeding:

• The new company asks you to register with the SRI (Ecuador's IRS) as a local service provider.
• Payment for your services will originate from an Ecuadorian bank account.
• The contract is written under Ecuadorian law or lists an Ecuadorian address for the "employer."
• You are asked to obtain an RUC (Ecuadorian tax number).

These are clear indicators that the arrangement may be classified as local employment, putting you in direct violation of your visa status. The consequences, as outlined in the LOMH, can include visa revocation, fines, and a ban on re-entry.

Conclusion: Proactive Compliance is Your Best Strategy

Changing foreign employers on an Ecuadorian Digital Nomad Visa is straightforward if you remain within the legal boundaries. The key is to ensure your new role is a mirror image of your old one in terms of its legal structure: remote work, for a foreign entity, with foreign-source income.

By maintaining meticulous, updated, and properly legalized documentation, you can confidently continue your journey as a resident of this beautiful country without fear of legal complications. When in doubt, the modest cost of a professional consultation far outweighs the severe risks of non-compliance.

Need to ensure your employment change is compliant or require assistance with your visa process?

Schedule a consultation with our expert team in Cuenca. We provide clear, authoritative guidance to secure your legal status in Ecuador.