The "Falta Migratoria": Navigating the Legal and Financial Repercussions of Overstaying Your Visa in Ecuador

A falta migratoria is a formal immigration infraction under Ecuadorian law with severe consequences that can derail residency plans and financial stability. Understanding this infraction, its grounding in the Ley Orgánica de Movilidad Humana (LOMH), and the precise pathways to resolution is paramount for any foreign national in Ecuador.

What Constitutes a "Falta Migratoria"?

A falta migratoria, as defined in Article 170 of the LOMH, is an immigration infraction. The most common cause is exceeding the authorized duration of stay granted by your visa or entry stamp, a situation known as permanencia irregular por vencimiento del plazo.

• Tourist Status: Most tourists receive an initial 90-day authorized stay upon entry. This can be extended once for an additional 90 days (prórroga) within the first 90 days of arrival. Overstaying this cumulative 180-day period within a 12-month cycle constitutes a violation.
• Temporary and Permanent Residents: Allowing a residency visa to expire without initiating a renewal or a new visa application in a timely manner triggers a falta migratoria. Failing to register your visa order for a cédula (national ID card) within the mandated timeframe is another common infraction.

Other actions, such as engaging in remunerated activities without proper work authorization, can also lead to a falta migratoria.

The Legal and Financial Domino Effect of Overstaying

The consequences stipulated in the LOMH escalate with the severity of the infraction:

1. Financial Sanction (Sanción Pecuniaria): The fine for overstaying is two Salarios Básicos Unificados (SBU), the national basic monthly wage. For 2024, the SBU is $460, making the standard fine $920 USD. This is a flat fine, applied once the violation is established.

2. Administrative Deportation (Deportación Administrativa): For prolonged overstays or for individuals who cannot or will not pay the fine, deportation is a serious risk. The Subsecretaría de Migración can initiate a formal deportation process, resulting in a formal order of removal and a ban on re-entry.

3. Ban on Re-entry: A deportation order automatically carries a ban on re-entering Ecuador. Even with voluntary departure, a record of infraction remains. A re-entry ban, typically lasting from one to three years, can be imposed at the discretion of immigration authorities.

4. Impediment to Future Visas: A falta migratoria creates a significant mark on your immigration record, almost certainly leading to the denial of future visa or residency applications. This violation must be formally cleared before any new application will be considered.

Resolving a "Falta Migratoria": The Path to Regularization

The Ecuadorian government provides a formal mechanism to resolve an overstay: the Voluntary Departure Process (Salida Voluntaria). This is a structured procedure to acknowledge the violation, pay the corresponding fine, and exit the country legally.

Step-by-Step Resolution Process:

1. Cease Further Overstay: Acknowledge the situation and decide to act.
2. Engage with the Immigration Authority: Present yourself to the provincial immigration authority.
   • In Cuenca, this process is handled at the Jefatura Zonal 6 de Migración, located in the Gobierno Zonal 6 building on Avenida México y Avenida de las Américas.
3. Declare Your Situation and Present Documents: Provide your current, valid passport. Officials will access your immigration record (movimiento migratorio) to confirm the entry date and calculate the duration of the overstay.
4. Receive the Sanction Order: An immigration official will issue a formal resolution (resolución sancionatoria) detailing your violation and the corresponding fine of two SBU ($920 for 2024).
5. Pay the Fine: You will be given an official payment order (orden de pago).
   • This fine must be paid at a designated financial institution, typically a specific branch of Banco del Pacífico. Payment cannot be made at the airport upon departure.
   • Keep the bank-stamped receipt; it is your only proof of payment.
6. Process Your Voluntary Departure: With proof of payment, return to the immigration office. They will register the payment and issue an order authorizing your voluntary departure, typically within a 15 to 30-day window. This ensures your exit is recorded as a resolved infraction.
7. Applying for a New Visa: After departing, apply for any new visa from an Ecuadorian consulate outside of Ecuador. Provide the resolution and proof of fine payment as part of your application.

Occasionally, the Ecuadorian government announces an amnesty or "regularization process" through an Acuerdo Ministerial. These are rare, time-limited opportunities to apply for specific temporary residency visas from within Ecuador. Relying on the possibility of a future amnesty is an extremely risky strategy. Proactive resolution through voluntary departure is the only legally certain path.

⚠️ Legal Alert: When to Stop and Consult an Attorney

Seek counsel from a qualified Ecuadorian immigration attorney if:

• You have been served with a formal deportation notice (notificación de inicio de proceso de deportación).
• Your overstay is coupled with other violations (e.g., unauthorized work).
• You have dependents (children, spouse) whose status is tied to yours.
• You believe there are extenuating circumstances (fuerza mayor) for your overstay that might warrant an appeal.
• You were previously a resident and your cédula has expired.

An attorney can file appeals, negotiate timelines, and ensure your rights are protected.

Take Control of Your Ecuadorian Journey

A falta migratoria is a serious legal issue but is not insurmountable. By understanding the LOMH, the financial penalties, and the procedures for resolution, you can navigate this challenge effectively. Proactive planning and informed action are your most powerful tools.

Concerned about your immigration status in Ecuador? Facing a potential overstay or navigating visa renewal complexities?

Schedule a consultation today. Analyze your specific situation under the Ley Orgánica de Movilidad Humana and build a clear, compliant strategy for your future in Ecuador.