Navigating the Labyrinth: A Definitive Guide to Dual Citizenship with Ecuador for US and Canadian Citizens

For US and Canadian citizens who have made Cuenca their home, the question of citizenship represents a final step in integration. Achieving dual nationality solidifies your commitment, simplifies long-term planning, and grants you the full rights and privileges of an Ecuadorian. However, the path to naturalization is not merely a matter of time served; it is a meticulous legal process governed by specific statutes and administrative procedures.

This guide provides an expert, legally-grounded overview of the dual citizenship process, injecting critical details often overlooked by generic resources.

Ecuador's Stance on Dual Nationality: The Legal Foundation

Ecuador's policy on nationality is one of the most progressive in the region, a direct result of its 2008 Constitution. The bedrock principle is found in Artículo 8 de la Constitución de la República, which explicitly states that acquiring another nationality does not lead to the loss of Ecuadorian nationality. This constitutional guarantee makes dual citizenship the default, not the exception.

The procedural framework is laid out in the Ley Orgánica de Movilidad Humana (LOMH). This law governs all aspects of immigration, residency, and naturalization. Ecuador fully permits dual nationality, meaning a foreigner who naturalizes as an Ecuadorian citizen is not required by Ecuadorian law to renounce their original citizenship.

Reciprocity: The US and Canadian Position

Dual nationality is only viable if both countries consent. Fortunately, both the United States and Canada permit their citizens to hold foreign citizenship.

• United States: The U.S. State Department acknowledges that U.S. citizens can naturalize in a foreign state without risk to their U.S. citizenship. However, it's a non-negotiable legal requirement to use your U.S. passport to enter and exit the United States.
• Canada: The Canadian government also permits dual citizenship, allowing citizens to acquire foreign nationalities without impacting their Canadian status.

This legal harmony creates a clear, though exacting, pathway for North American expats.

The Primary Path: Obtaining Ecuadorian Citizenship by Naturalization

The most common route for expatriates is obtaining a Carta de Naturalización (Naturalization Letter). This process is available to foreign nationals who meet specific criteria, the most crucial of which is a period of continuous legal residency.

Critical Correction: The Residency Time Requirement

A pervasive misconception, often stemming from outdated laws, is that five years of residency are required. This is incorrect. Pursuant to Artículo 75, numeral 3 of the LOMH, the primary requirement is a minimum of three (3) years of continuous legal residence in Ecuador as a permanent resident.

• Hyper-Specific Detail #1: Calculating "Continuous" Residency. The government's definitive proof of your time in the country is the Certificado de Movimiento Migratorio, a document you must request from the Ministry of Interior. This certificate costs approximately $15 and lists every entry and exit stamp recorded in the immigration system. Minor trips abroad are generally permissible, but absences exceeding 90 days per year can jeopardize the "continuous" status and may require a legal justification. Do not rely solely on your cédula's issue date; the Movimiento Migratorio is the official record.

Key Requirements for Naturalization

The requirements are outlined in the LOMH and regulated by various Acuerdos Ministeriales (Ministerial Agreements).

1. Continuous Legal Residency: At least three years as a permanent resident.
2. Age: Be at least 18 years old.
3. Valid Documentation: Hold a valid passport from your country of origin and a valid Ecuadorian cédula.
4. Financial Self-Sufficiency: Provide evidence of lawful means to support yourself (medios de vida lícitos). This can include bank statements, proof of pension or Social Security income, or local tax declarations.
5. Criminal Background Checks:
   • Ecuadorian: Certificado de Antecedentes Penales from the Ministry of Interior.
   • Home Country: An apostilled FBI Identity History Summary for U.S. citizens or an apostilled RCMP National Repository of Criminal Records check for Canadians. The document must be issued within the last 180 days prior to your application submission.
6. Civics and Language Proficiency: Demonstrate knowledge of Ecuador's national symbols, history, geography, and culture, as well as proficiency in Spanish.

The Application Process: A Meticulous Walkthrough

The naturalization process is managed by the Ministerio de Relaciones Exteriores y Movilidad Humana (Ministry of Foreign Affairs and Human Mobility).

Step 1: Document Compilation

This is the most critical phase. All foreign-issued documents must be apostilled (or legalized, if from a non-Hague Convention country like Canada), and then translated into Spanish by a court-certified translator in Ecuador.

• Solicitud de Carta de Naturalización (Application Form).

• Apostilled birth certificate and official Spanish translation.

• Apostilled marriage certificate (if applicable) and translation.

• Apostilled criminal background check from your home country and translation.

• Certificado de Antecedentes Penales from Ecuador.

• Certificado de Movimiento Migratorio.

• Notarized color copies of your passport and cédula.

• Proof of financial solvency.

• A letter of petition (petición) written in Spanish, explaining your reasons for seeking citizenship.

• Hyper-Specific Detail #2: The Cost of Naturalization. The government application fee is a two-part payment. You will pay $50 USD to submit the solicitud (application). Once your application is approved, a final fee of $750 USD is required to issue the Carta de Naturalización. Be prepared for additional costs for document apostilles, translations, and notary services, which can easily add several hundred dollars to the total.

Step 2: Submission and Initial Review

Submit your completed file to the appropriate Zonal Coordination office of the Ministry. In Cuenca, this is the Coordinación Zonal 6. Staff will review your documents for completeness.

Step 3: The Citizenship Exam and Interview

After initial approval, you will be scheduled for an interview and a general knowledge exam.

• Hyper-Specific Detail #3: The Cuenca Interview is Not a Formality. While the official requirement is a "general knowledge" interview, officials at the Zonal 6 office in Cuenca are known to take this seriously. Applicants should be prepared to:
  • Identify the three colors of the flag and what they represent.
  • Sing or recite the chorus of the Himno Nacional del Ecuador (National Anthem).
  • Name the current president and the capital city of Azuay province (Cuenca).
  • Answer basic questions about Ecuadorian geography (e.g., name a coastal province). Failure to answer these basic questions can result in a delay or denial of your application.

Step 4: Approval and Oath of Allegiance

Upon successful completion of the interview and final review, you will receive a notification of approval (dictamen favorable). You will then be scheduled for a ceremony to take the Oath of Allegiance (Juramento a la Bandera), after which you are officially an Ecuadorian citizen. You will then use your Carta de Naturalización to update your status at the Registro Civil and obtain your first Ecuadorian citizen cédula and passport.

Common Expat Pitfalls to Avoid

• Expired Cédula: Allowing your permanent resident cédula to expire, even by a day, can create a legal gap in your "continuous residency" and severely complicate your application. Renew it at least 90 days before expiration.
• Improper Translations: Using a non-certified translator or translating documents before they are apostilled is a common and costly mistake. The official translation must be of the final, apostilled document.
• Assuming Tax Obligations Disappear: Becoming an Ecuadorian citizen does not release U.S. citizens from their obligation to file U.S. taxes annually on worldwide income. Consult a tax professional who specializes in expat taxation.

Legal Checklist for Prospective Dual Citizens in Cuenca

• Residency Verified: Have you obtained your Certificado de Movimiento Migratorio to confirm at least three years of continuous permanent residency?
• Documents Apostilled & Translated: Are all foreign documents correctly apostilled and then translated by a certified translator in Ecuador?
• Ecuadorian Documents Current: Is your cédula valid? Have you obtained a recent Certificado de Antecedentes Penales?
• Civics Knowledge Prepared: Have you studied the basic patriotic symbols, geography, and history of Ecuador for your interview?
• Passport Usage Understood: Are you clear that you must use your U.S./Canadian passport to enter/exit the U.S./Canada and your Ecuadorian passport for all other international travel and official business within Ecuador?

⚠️ Legal Alert: When to Retain an Immigration Attorney

This process is unforgiving of errors. You should immediately consult an experienced Ecuadorian immigration attorney if:

• You have any ambiguity regarding your "continuous residency" calculation due to extended travel.
• You have a criminal record, no matter how minor or distant.
• You have had a previous visa denial or overstay in Ecuador.
• You are not confident in your ability to navigate the bureaucracy and Spanish-language legal documentation flawlessly.

Achieving dual citizenship is the ultimate expression of commitment to your new life in Ecuador. By treating the process with the seriousness it deserves and adhering strictly to legal requirements, you can successfully navigate this final step in your journey.