Can My Spouse and I Pool Our Money for a Single Investor Visa? Understanding Ecuador's 'Titular' vs. 'Dependiente' Investment Rules

Navigating the complexities of Ecuadorian immigration law, particularly regarding investor visas, requires precise understanding and careful execution. For many expatriate couples planning a future in cities like Cuenca, a crucial question arises: can we combine our financial resources to meet the investment requirements for a single investor visa, allowing both of us to reside in Ecuador?

As an immigration expert with extensive hands-on experience in Ecuador, I frequently address this query. While it's a logical question rooted in shared finances, Ecuadorian regulations, specifically the Ley Orgánica de Movilidad Humana (LOMH) and its implementing regulations, draw a firm line between the primary investor and their dependents.

This article will meticulously dissect these rules, clarifying the legal concepts of 'titular' (primary applicant) and 'dependiente' (dependent), and definitively answer whether pooling funds for a single investor visa is permissible under current law. We will delve into specific investment categories, documentation, and the critical, non-obvious mistakes to avoid.

The Core Distinction: Titular vs. Dependiente

The foundation of this issue rests on the legal difference between a 'titular' and a 'dependiente' in an Ecuadorian visa application. This distinction is paramount for all residency visas, but especially for the investor category.

• The 'Titular' (Primary Applicant): This is the individual who personally and directly fulfills the primary requirements of the visa. For the Visa de Residencia Temporal de Inversionista, outlined in Article 60, numeral 5 of the LOMH, the 'titular' is the person who makes the qualifying investment in their own name. Their economic activity or investment is the sole basis for the visa.

• The 'Dependientes' (Dependents): These are individuals—typically a spouse or partner in a legally recognized de facto union (unión de hecho), minor children, or adult children with disabilities—who are granted residency status through their relationship to the 'titular'. This process is legally known as applying for a visa por amparo (under the protection of) the primary applicant. Dependents do not contribute financially to meeting the visa's core investment threshold. Their status is entirely derivative of the 'titular's' approved visa.

Can You Pool Funds for a Single Investor Visa? The Direct Answer

Based on the strict application of the Ley Orgánica de Movilidad Humana and its regulations, no, you cannot pool your individual financial resources to meet the single minimum investment requirement for one investor visa.

The investment must be demonstrably made by, and legally registered in the name of, the 'titular' applicant. While a couple may hold joint assets in their home country, for the purpose of this visa, the source of the funds and the legal title of the investment (e.g., property deed, certificate of deposit, company shares) must be clearly and solely attributable to the 'titular'.

Why This Distinction Matters: The 'Titular's' Investment

Ecuadorian investor visas are granted based on a specific, quantifiable economic contribution to the country by one individual. The legal framework ensures that a single person is responsible for maintaining the investment that underpins the residency status. The most common paths for the temporary investor visa are:

1. Investment in Real Estate: The 'titular' must purchase real estate in Ecuador with a value no less than 100 Salarios Básicos Unificados (SBU). For 2024, with the SBU at $460, this amounts to a minimum investment of $46,000 USD. An additional 25 SBU (currently $11,500) is required for each dependent included in the application.

2. Investment in a Certificate of Deposit (CD): The 'titular' must place funds in a Certificado de Depósito a Plazo for a term of at least 730 days, with the principal amount being no less than 100 SBU ($46,000 USD).

3. Investment in a Company: The 'titular' can invest in the shares of an Ecuadorian company for an amount no less than 100 SBU ($46,000 USD).

In all scenarios, the official title, deed, or certificate must be in the 'titular's' name. Joint ownership with a spouse, while legally possible in Ecuador for other purposes, will invalidate the asset for a single-applicant investor visa.

Understanding the 'Titular' Investment Requirements in Detail

Let's break down the precise documentation required to prove the 'titular's' qualifying investment:

Qualifying Investment Documentation:

1. Real Estate Investment:

   • Escritura Pública de Compraventa: The notarized public deed of sale, registered with the Registro de la Propiedad (Property Registry) of the corresponding canton.
   • Certificado de Gravámenes: An official certificate from the Property Registry showing the property is free of liens or encumbrances.
   • Municipal Property Assessment (Avalúo Catastral): Proof from the municipality that the property's assessed value meets the 100 SBU threshold.

2. Certificate of Deposit (CD) Investment:

   • Certificado de Depósito a Plazo: The official certificate issued by an Ecuadorian financial institution supervised by the Superintendencia de Bancos or the Superintendencia de Economía Popular y Solidaria.
   • Hyper-Specific Detail #1: A common and costly mistake is obtaining a CD that is pledged as collateral for a loan or has any form of lien (gravamen) against it. The law explicitly requires the investment to be unencumbered. You must ensure the CD paperwork clearly states it is no endosable and libre de gravámenes.

Documentation to Prove the 'Titular's' Funds:

Regardless of the investment type, meticulous documentation is non-negotiable. The 'titular' will need:

• Proof of Lawful Origin of Funds: This is a critical requirement. You must provide apostilled bank statements from the past 6-12 months from your home country, letters from financial institutions, or other legal proof demonstrating how the investment capital was lawfully acquired before it entered Ecuador. Simply showing the money in an Ecuadorian account is insufficient.
• Apostilled Criminal Background Check: A federal/national level background check from every country you have lived in for the past five years. It must be valid at the time of application.

The Role of the Spouse: The 'Dependiente' Status

If the 'titular' is granted an investor visa, their spouse can be included as a 'dependiente'. The spouse will not need to meet the investment requirement themselves. Their visa is directly tied to the 'titular's' status.

Hyper-Specific Detail #2: While the spouse's funds cannot be used for the primary investment, they are not irrelevant. You can and should show the spouse's separate bank statements or income sources to prove the couple's overall financial solvency and ability to support themselves. This strengthens the application by demonstrating you will not be a burden on the state, a key consideration for immigration officials.

A dependent visa does not automatically grant the right to work. If the dependent spouse wishes to work for an Ecuadorian company, they must undertake a separate process to have their visa updated with a work authorization.

Common Pitfalls and Expert Advice

1. Misrepresenting Joint Funds: Submitting a deed or CD in both spouses' names is an immediate cause for denial. The investment title must be solely in the 'titular's' name.
2. Incorrect Visa Fees: Budgeting incorrectly can delay your process. As of 2024, the visa application fee submitted through the online portal is $50 USD, and the subsequent visa issuance fee upon approval is $400 USD per person (both for the titular and each dependent). These fees are non-refundable.
3. Online Application Glitches: The official application is submitted through the government's EVIRTUAL portal. Hyper-Specific Detail #3: A frequent, frustrating issue is the system rejecting PDF uploads without giving a clear reason. This is almost always due to file size. Ensure every single scanned document (passport, background check, etc.) is compressed to be well under 1MB before you begin the upload process to avoid errors.
4. The Cédula Process in Cuenca: Once your visa is approved and you arrive, you have 30 days to register it and obtain your cédula (ID card). Hyper-Specific Detail #4: At the Registro Civil office in Cuenca, a common mistake is for newcomers to simply show the visa approval email or orden de cedulación on their phone. This will get you sent away. You must bring a clear, physical printout of the official orden de cedulación that is generated after you register your visa online.

Legal Checklist for Cuenca Expats (Investor Visa)

• [ ] Confirm Current SBU: Verify the current Salario Básico Unificado to calculate the exact investment threshold ($460 for 2024).
• [ ] Designate the 'Titular': Clearly decide which spouse will be the sole legal investor.
• [ ] Document 'Titular's' Fund Origin: Compile apostilled bank statements and financial records to prove the funds were legally obtained abroad.
• [ ] Obtain Investment Title: Ensure the property deed or CD is exclusively in the 'titular's' name and is unencumbered.
• [ ] Apostille & Translate Documents: All foreign documents (birth certificates, marriage certificates, background checks) must be apostilled/legalized in their country of origin and then translated into Spanish by a certified translator in Ecuador.
• [ ] Prepare Dependent's File: A separate, complete file for the spouse with their apostilled documents (marriage certificate is key).
• [ ] Consult with an Immigration Specialist: Engage a local expert to review your complete file before submission. The legal framework is updated via Acuerdos Ministeriales, and an expert will know the latest administrative interpretations.

⚠️ Legal Alert: When to Stop and Consult an Attorney

While this guide is comprehensive, you should immediately consult a qualified Ecuadorian immigration attorney if:

• Your investment involves a complex corporate structure or a transfer of shares in an existing business.
• You have a previous visa denial or overstay in Ecuador.
• The origin of your funds involves inheritance, sale of complex assets, or trusts that are difficult to document with simple bank statements.
• The Ministry (Ministerio de Relaciones Exteriores y Movilidad Humana) issues a subsanación notice requesting clarification or documents you don't understand.

Attempting to navigate these complexities without professional counsel can result in financial loss and application denial.

Conclusion: A Clear Path Forward

The rule is clear: one investor, one investment. The success of your family's investor visa application hinges on designating a single 'titular' who solely and demonstrably meets the financial threshold. The spouse's role is that of a dependent, supported by the primary applicant.

By meticulously structuring your investment in the 'titular's' name, thoroughly documenting the lawful origin of your funds, and preparing a flawless application, you can confidently navigate the process. This approach demonstrates respect for Ecuadorian law and builds a solid foundation for your new life in this beautiful country.