Safeguarding Your Permanent Residency in Ecuador: A Guide to "Grave Offenses"

The legal framework for this is anchored in the Ley Orgánica de Movilidad Humana (LOMH) and its implementing Reglamento. Specifically, Artículo 64 of the LOMH grants the competent authority the power to cancel or revoke immigration status based on specific grounds, protecting national security and public order. Understanding these grounds is not just a legal exercise; it is essential for safeguarding your life in Ecuador.

Defining "Grave Offense": Beyond the Generalities

In the context of immigration, a "grave offense" is not a minor infraction. It refers to a criminal act for which an individual has received a sentencia condenatoria ejecutoriada—a final, unappealable conviction from an Ecuadorian court. An accusation or ongoing investigation is not sufficient grounds for revocation; due process is respected.

The law does not provide a simple checklist of crimes. Instead, the revocation authority, the Ministry of Foreign Affairs and Human Mobility (Ministerio de Relaciones Exteriores y Movilidad Humana - MREMH), evaluates the nature of the conviction. However, Article 181 of the Reglamento a la LOMH provides a critical, concrete threshold: residency can be revoked for a judicial resolution declaring a foreigner guilty of a crime punishable by a prison sentence of more than five years. This is the key metric for the most serious offenses.

Categories of Offenses Leading to Revocation:

1. Crimes Against State Security: This includes acts of terrorism, sedition, espionage, or organized efforts to undermine the Ecuadorian state.
2. Crimes Against Life and Personal Integrity: Convictions for homicide, femicide, assault (lesiones), kidnapping, and sexual offenses are considered extremely grave and will almost certainly trigger revocation proceedings.
3. Illicit Trafficking and Organized Crime: This is a major red flag for immigration authorities. Any conviction related to drug trafficking (narcotráfico), human trafficking (trata de personas), arms trafficking, or proven membership in an organized criminal network is a clear-cut case for revocation.
4. Crimes Against Public Faith (Fraud and Forgery): A conviction for using or creating fraudulent documents, especially in dealings with the state (e.g., faking a title to get a visa, forging a cedula), is taken very seriously as it directly attacks the integrity of the system.
5. Crimes Against Property: While a minor shoplifting charge is unlikely to meet the threshold, serious property crimes like armed robbery (robo con fuerza), extortion, or large-scale fraud (estafa) resulting in significant prison sentences would be grounds for revocation.

The Revocation Process: From Courtroom to MREMH

The process is administrative, but it is triggered by a judicial outcome.

1. Judicial Notification: Once a sentencia condenatoria ejecutoriada is issued for a grave offense, the judicial system officially notifies the MREMH. This triggers the opening of an administrative file.
2. Initiation of Proceedings: The MREMH's Subsecretaría de Asuntos Migratorios (Undersecretariat of Migratory Affairs) will issue a notice of intent to revoke residency, delivered to the individual's last known address.
3. Right to Defense: The individual is given a specific timeframe to present a defense, submit evidence, and argue against the revocation. This is a critical stage where an experienced immigration lawyer is non-negotiable.
4. Final Decision: The MREMH issues a formal resolution. If residency is revoked, the individual is typically ordered to leave the country within a specified period (e.g., 30 days).
5. Appeals: A negative decision can be appealed through administrative channels and, subsequently, in the judicial system via a contentious-administrative lawsuit.

Hyper-Specific Expat Pitfalls: The Details That Matter

Generic advice is insufficient. Here are specific scenarios where permanent residents find themselves in jeopardy, often unintentionally.

• The DUI Trap (A Common, Serious Mistake): Driving under the influence (conducir en estado de embriaguez) is not a simple traffic ticket in Ecuador; it is a criminal offense under the Código Orgánico Integral Penal (COIP), Artículo 385. A conviction results in a jail sentence (from 3 to 30 days, or more if there's an accident), a fine, and a criminal record. While a first-offense DUI with a 3-day sentence might not automatically meet the "over five years" threshold for revocation, it establishes a criminal record and marks you as a risk. A repeat offense or a DUI causing serious injury or death absolutely constitutes a grave offense and can directly lead to the MREMH revoking your residency. Many expats are shocked to find themselves in a criminal proceeding for an act treated less severely in their home countries.

• Document "Help" That is Actually Fraud: Be wary of "facilitators" or "fixers" who offer to create documents for you. A common issue arises with visa applications requiring proof of income or university degrees. Using a fabricated document, even if you were unaware it was fake, can lead to criminal charges for forgery or use of a false document (uso de documento falso). A conviction here directly undermines the basis of your legal status and is a clear path to revocation.

• Ignoring a Court Summons (Boleto de Citación): In Cuenca, for example, if you are involved in a dispute (e.g., a serious traffic accident, a business disagreement) and receive a summons to appear before a judge or mediator, you must attend. Ignoring it can lead to a default judgment and, in some cases, an escalation to criminal contempt charges, creating an unnecessary and dangerous legal record. Never assume a "minor" legal issue will simply disappear.

Your Proactive Checklist for Staying Secure

• I understand that a final criminal conviction, not an accusation, is the basis for revocation.
• I am aware of the "more than five years' imprisonment" guideline from Article 181 of the Reglamento a la LOMH.
• I will never drive after consuming alcohol, understanding it is a criminal act under the COIP.
• All documents I submit to any government office (MREMH, Registro Civil, IESS) are 100% authentic and verifiable. The current fee for a Certificado de Antecedentes Penales (Ecuadorian criminal record) is $5.00, a small price to pay to ensure your record is clean.
• I will seek qualified legal counsel immediately if I am ever detained, charged, or investigated for any crime.

⚠️ Legal Alert: When to Immediately Retain Counsel

You must stop and consult an experienced immigration and criminal defense attorney in Ecuador if:

• You are detained by the police for any reason. Do not make a statement without a lawyer present.
• You are formally charged with a crime, no matter how minor it seems.
• You receive any official notification (notificación) from the MREMH, a prosecutor's office (Fiscalía), or a court (Unidad Judicial).
• You are involved in a car accident that results in injuries.

Attempting to manage these situations alone based on advice from forums or friends is a high-risk gamble with your future in Ecuador.

Your permanent residency is a privilege contingent on respecting Ecuadorian law. By understanding these clear boundaries and acting with prudence, you can ensure your status remains secure, allowing you to enjoy the life you have built here.

Is your residency status secure?

Don't leave it to chance. Schedule a confidential consultation with us to review your status, answer your questions, and provide the professional peace of mind you deserve. We specialize in navigating the complexities of the LOMH and protecting our clients' futures in Ecuador.