Navigating Your Exit: Dissolving Investments and Canceling Your Ecuadorian Investor Visa

As an immigration attorney practicing in Cuenca, I've seen firsthand that the decision to leave Ecuador involves more than just packing boxes. For foreign nationals who obtained residency through an Investor Visa—whether the former 9-I (real estate) and 9-II (financial) visas or the current Visa de Residencia Temporal de Inversionista under the Ley Orgánica de Movilidad Humana (LOMH)—a formal and compliant exit is a non-negotiable legal requirement.

Many departing expats make a critical error: they sell their property or liquidate their Certificate of Deposit (CD), wire the money home, and leave, assuming the process is complete. This is a significant mistake. Failing to formally dissolve your investment with the Ecuadorian government and cancel your visa leaves a lingering legal tie. This can result in being flagged as a resident who has overstayed their time abroad, leading to potential fines, entry denial on future visits, and complications with immigration authorities in other countries.

This guide provides a precise, legally-grounded roadmap to correctly dissolve your qualifying investment and officially cancel your Ecuadorian Investor Visa, ensuring your departure is as clean as your arrival.

Legal Framework: Why Cancellation is Mandatory

Your investor visa was granted on the condition of maintaining a specific investment in Ecuador. When that condition ceases to exist (i.e., you sell the property or cash the CD), the legal basis for your residency is voided. The Ecuadorian government requires you to formalize this change. This process is implicitly governed by principles within the Ley Orgánica de Movilidad Humana (LOMH), particularly concerning the conditions for maintaining and terminating residency status (see Artículo 65 de la LOMH).

The primary authority you will deal with is the Ministerio de Relaciones Exteriores y Movilidad Humana (MREMH), often referred to as the Cancillería. It is their office, not the local Migración police, that processes visa cancellations.

Key Legal Requirements:

1. Proof of Dissolution: You must provide official, irrefutable evidence that the investment which qualified you for the visa no longer exists under your name.
2. Formal Notification: A sworn, notarized declaration must be filed with the MREMH, stating your voluntary intention to cancel your residency visa.
3. Tax & Municipal Compliance: You must prove you are leaving with no outstanding tax liabilities to the central government (SRI) or the local municipality.

Step-by-Step Guide to a Compliant Exit

The procedure differs slightly for real estate versus financial investments. An appointment must be scheduled online for all visa services.

Scenario 1: Dissolving a Real Estate Investment

Step 1: Finalize the Property Sale. Engage a real estate agent and lawyer to execute the sale. The definitive legal document is the new deed, or Escritura Pública de Compraventa, signed before a Notary Public (Notario). You must obtain a certified copy.

Step 2: Settle All Property-Related Debts. Before the sale can be registered, you must be current on all municipal obligations. Go to the Ventanilla Única at the Municipio de Cuenca and obtain the Certificado de no adeudar al Municipio. This confirms your Impuesto Predial (property taxes) and other municipal fees are paid.

Step 3: Clear Your National Tax Status. Visit the Servicio de Rentas Internas (SRI) to declare any capital gains from the sale and settle all outstanding income tax obligations. Obtain the Certificado de Cumplimiento Tributario. This is a critical document proving you have no pending debts with the national tax authority.

Step 4: Prepare a Notarized Declaration. Visit a Notario of your choice and request a Declaración Juramentada de Voluntad de Cancelación de Visa. This is a sworn statement declaring your intent to voluntarily relinquish your residency status.

• Hyper-Specific Detail #1: Expect this notarized document to cost between $20 and $30. Do not simply write a letter; it must be a formal, notarized Declaración Juramentada to be accepted by the MREMH.

Step 5: File for Visa Cancellation with the MREMH. Schedule an appointment online for the Coordinación Zonal 6 office.

• Hyper-Specific Detail #2: The main MREMH office in Cuenca is no longer in the city center. It is now located on Avenida Ordóñez Lasso, in the building known as "Edificio GSA". Many expats mistakenly go to the old downtown office or the airport Migración office, causing significant delays.

Required Documents for Submission:

• Passport (original and color copy).
• Your cédula (original and color copy).
• Certified copy of the new Escritura Pública de Compraventa.
• Declaración Juramentada de Voluntad de Cancelación de Visa.
• Certificado de Cumplimiento Tributario from the SRI.
• Certificado de no adeudar al Municipio.
• Completed visa cancellation form (available at the MREMH or online).
• Proof of payment for the visa cancellation fee.
• Hyper-Specific Detail #3: The official fee for "Cancelación y/o anulación de visa" is $50.00, as stipulated by Acuerdo Ministerial No. 0000049 (March 1, 2021). Payment is typically made via a deposit at a designated bank before your appointment.

Step 6: Receive Confirmation. The MREMH will process the request and issue an official act or certificate (Acta de Cancelación) confirming your visa is canceled. Safeguard this document. You should then visit the Registro Civil with this confirmation to have your cédula officially annulled in their system.

Scenario 2: Dissolving a Financial Investment (Certificate of Deposit)

This process is administratively simpler but requires the same level of diligence.

Step 1: Liquidate Your Investment. Work with your bank or cooperativa to redeem your Certificate of Deposit. Obtain an official document from the institution confirming the closure of the investment. This is typically called a Certificado de Cancelación de Póliza or a Liquidación de Inversión.

Step 2: Clear Your National Tax Status (SRI). Visit the SRI to declare any income from interest earned on the CD and settle any other tax obligations. Obtain the Certificado de Cumplimiento Tributario.

Step 3: Prepare the Notarized Declaration. As with the real estate scenario, you must obtain a Declaración Juramentada de Voluntad de Cancelación de Visa from a Notario.

Step 4: File for Visa Cancellation with the MREMH. Schedule your appointment at the Coordinación Zonal 6 and submit the following:

• Passport (original and color copy).
• Your cédula (original and color copy).
• The original Certificado de Cancelación de Póliza or Liquidación de Inversión from your financial institution.
• Declaración Juramentada de Voluntad de Cancelación de Visa.
• Certificado de Cumplimiento Tributario from the SRI.
• Completed visa cancellation form.
• Proof of payment for the $50.00 cancellation fee.

Step 5: Obtain Confirmation and Annul Cédula. Receive the Acta de Cancelación from the MREMH and present it at the Registro Civil to complete the process.

Anticipating Common Expat Pitfalls

• The "General" Power of Attorney: Many expats leaving early grant a friend a Poder General (General Power of Attorney). For immigration matters, this is often rejected. You need a Poder Especial (Special Power of Attorney) that explicitly grants your representative the authority to appear before the Ministerio de Relaciones Exteriores y Movilidad Humana and sign documents on your behalf to cancel your specific residency visa. This is a crucial distinction. (Hyper-Specific Detail #4)
• Ignoring the Cédula: Canceling your visa at the MREMH does not automatically cancel your cédula. You must take the final step of going to the Registro Civil with your Acta de Cancelación. If you don't, your ID could remain active in some government systems, potentially causing confusion later. (Hyper-Specific Detail #5)
• Underestimating Timelines: A property sale can take months. The SRI and municipal offices have their own processing times. Do not wait until the last minute. Begin this entire process at least 3-4 months before your planned departure.

⚠️ Legal Alert: When to Retain Counsel

This process can be navigated independently if your situation is straightforward. However, retaining an experienced immigration attorney is essential if:

• You Must Leave Ecuador Before the Process is Complete: An attorney with a proper Poder Especial is the only reliable way to finalize these steps in your absence.
• Your Investment is Complex: The investment involves a company, multiple partners, or has legal encumbrances (liens, mortgages).
• You Have Tax Complications: Resolving outstanding issues with the SRI requires professional guidance.
• You Have Any Prior Immigration Irregularities: If you've ever overstayed a previous visa or had other issues, professional representation is vital to prevent complications.

Properly concluding your residency in Ecuador is a sign of respect for the country that hosted you and a critical step in protecting your own legal and financial future. It ensures your record is clean, paving the way for smooth travels and interactions with immigration authorities worldwide.