How to Add a Dependent to Your Ecuadorian Digital Nomad Visa: A Legal Guide

Navigating Ecuadorian immigration to include a partner or spouse on your Digital Nomad Visa (VFN) demands precision. The legal framework, established under the Ley Orgánica de Movilidad Humana (LOMH) and further defined by specific ministerial agreements like Acuerdo Ministerial No. 003-2023, requires irrefutable proof of your relationship. As an immigration specialist with extensive on-the-ground experience in Ecuador, this guide provides the authoritative, detailed instructions necessary to ensure a compliant and successful application for your dependent.

The Ministry of Foreign Affairs and Human Mobility (MREMH) scrutinizes dependent applications to verify the authenticity of the relationship. The legal basis for including a dependent is to maintain family unity, not as a means of convenience.

The Legal Framework: Qualifying as a Dependent

Under Artículo 57 of the Reglamento a la Ley Orgánica de Movilidad Humana (ROLM), a dependent (amparo) is defined as a family member within the second degree of consanguinity or first degree of affinity to the primary visa holder. For the Digital Nomad Visa, this almost always refers to a spouse or a legally recognized partner in a de facto union (unión de hecho).

Crucially, Ecuador legally recognizes both marriage and the "Unión de Hecho." The latter is a formal, notarized declaration of a committed partnership that confers rights and obligations similar to marriage. For immigration purposes, a properly executed Unión de Hecho carries the same legal weight as a marriage certificate.

Step-by-Step Guide to Documenting Your Relationship

The process is a sequence of meticulous documentation and procedural adherence. Failure at any stage will result in delays or denial.

Stage 1: Primary Evidence of Your Union

This is the cornerstone of the dependent application. The document you provide must be legally unassailable.

For Married Couples:

• Marriage Certificate: This is your foundational document.
  • Legal Requirements: The certificate must be an original or certified copy. It must be apostilled in its country of origin (if a Hague Convention signatory) or legalized by an Ecuadorian consulate (if not). It must then be fully translated into Spanish by a translator accredited by the MREMH or a relevant judicial body in Ecuador.
  • Expert Insight: A common error is obtaining an apostille from the wrong authority (e.g., a state-level apostille for a document requiring federal authentication in the U.S.). Verify the correct issuing body for your specific document type.

For Partners in a "Unión de Hecho":

• "Acta Notarial de Unión de Hecho" (Notarial Deed of De Facto Union): This is the official document created before an Ecuadorian notary.
  • Process: Both partners must appear before a notary with valid identification. You will declare your partnership under oath. The notary drafts the deed (escritura pública), which is then registered.
  • Hyper-Specific Detail #1: A frequent misconception is that you must prove two years of prior cohabitation to obtain an Unión de Hecho. While two years of stable, monogamous cohabitation establishes a sociedad de bienes (community property) retroactively, you can legally declare your union at a notary at any time for immigration and other legal purposes. The act of declaration is what creates the legal status moving forward.
  • Approximate Cost: Expect to pay between $250 and $400 for the notarization and registration of an Acta de Unión de Hecho in cities like Cuenca or Quito.

Stage 2: Assembling the Complete Application Dossier

In addition to the primary proof of union, a complete file must be submitted for the dependent.

• Passport: A color copy of the dependent's passport bio page, valid for at least six months.
• Dependent's Visa Application Form: Completed accurately through the official MREMH online portal.
• Passport-Sized Photographs: Meeting MREMH specifications (white background, digital format).
• Proof of Financial Solvency: The primary Digital Nomad Visa applicant must prove a stable income of at least three times the current Ecuadorian Unified Basic Salary (Salario Básico Unificado or SBU).
  • Hyper-Specific Detail #2: For each dependent, the primary applicant must demonstrate an additional one (1) SBU of income. As of 2024, the SBU is $460. Therefore, a solo applicant needs to show $1,380/month, while an applicant with one dependent must prove at least $1,840/month ($460 x 4). This must be proven with 3-6 months of foreign bank statements.
• Proof of Health Insurance: Both the primary applicant and the dependent must have public or private health insurance with coverage in Ecuador for the entire duration of their intended stay. A certificate of coverage must be provided, translated into Spanish if necessary.
• Criminal Background Check: A national-level background check from the dependent's country of origin or where they have resided for the last five years. This document must be apostilled/legalized and translated. The certificate is generally considered valid for 180 days from its issuance date.

Stage 3: Application Submission and Post-Approval Protocol

• Submission: The dependent’s application is submitted via the same MREMH online platform as the primary applicant's. It can be filed concurrently or after the primary visa is approved.
• Government Fees:
  • Hyper-Specific Detail #3: The visa process involves two distinct government fees per person: $50 for the application (solicitud) and, upon approval, $400 for the visa issuance (concesión). These are non-refundable.
• Post-Approval: The Crucial Final Steps: Obtaining the visa is not the final step. To become a legal resident, the dependent must:
  1. Register the Visa: The electronic visa must be registered with the Registro Civil.
  2. Obtain an "Orden de Cédula": After registration, you must apply for a cédula order at the MREMH. This order costs approximately $5-$10.
  3. Schedule a "Cedulación" Appointment: With the orden de cédula, the dependent can schedule an appointment at the Registro Civil to be fingerprinted, photographed, and issued their Ecuadorian identification card (cédula de identidad).
  • Hyper-Specific Detail #4: A major pitfall occurs at the Registro Civil in Cuenca and other cities. When registering a foreign marriage certificate, officials will meticulously cross-reference the name of the sworn translator on your document with their official, updated list. If the translator is not on their current list, or if there are even minor typographical errors, the registration will be rejected, halting the cédula process until a new, compliant translation is provided. Always verify your translator's current credentials.

Legal Checklist: Dependent's Digital Nomad Visa

• [ ] Primary Union Document: Apostilled/legalized Marriage Certificate OR notarized Acta de Unión de Hecho.
• [ ] Sworn Spanish Translation: For all non-Spanish documents.
• [ ] Dependent's Passport: Color copy, valid for 6+ months.
• [ ] Criminal Background Check: Apostilled/legalized, translated, and issued within the last 180 days.
• [ ] Proof of Health Insurance: Certificate of coverage for Ecuador.
• [ ] Proof of Financial Solvency: Primary applicant's bank statements showing income of at least 4x SBU ($1,840/month as of 2024).
• [ ] Payment of Government Fees: $50 application + $400 issuance fee.

Anticipating Common Pitfalls and Ensuring Compliance

1. Stale-Dated Documents: Apostilled background checks and other certificates have a limited validity period for immigration use (typically 180 days). Time your application carefully.
2. Insufficient Health Insurance: A travel insurance policy is often insufficient. The MREMH requires comprehensive health coverage valid within Ecuador.
3. Misunderstanding Work Rights: A dependent visa grants residency only. It does not authorize the dependent to work for an Ecuadorian company. To do so, their migratory status must be changed to a visa category that permits local employment, a separate and complex legal process.

⚠️ Legal Alert: When to Retain an Immigration Attorney

While this guide is comprehensive, you must engage professional legal counsel if:

• Your dependent has a prior visa overstay or immigration infraction in Ecuador.
• The marriage or Unión de Hecho was formalized very recently, which could invite heightened scrutiny.
• Hyper-Specific Detail #5: You are a same-sex couple married abroad. While Ecuador recognizes foreign same-sex marriages for immigration and cédula issuance purposes (based on a 2019 Constitutional Court ruling), the process can be subject to administrative friction. An attorney can ensure your rights are upheld at every step, particularly at the Registro Civil.
• You receive a request for additional evidence (subsanación) from the MREMH and are uncertain of the legal requirements to satisfy it.

Properly documenting your relationship is a non-negotiable component of a successful family immigration strategy. By adhering to these legal standards and anticipating procedural nuances, you can ensure your shared journey in Ecuador begins on a solid legal foundation.