Combining Spousal Pensions for Ecuador's Retiree Visa: An Expert Legal Guide

Navigating Ecuadorian immigration law requires precision. A frequent and critical question from couples planning their retirement in Ecuador is: Can we combine our pensions to meet the financial requirement for the retiree visa?

As an immigration specialist with extensive hands-on experience in Cuenca, I've seen firsthand how this specific issue can determine the success or failure of an application. The answer is nuanced and depends entirely on structuring the application correctly under the principle of dependency (amparo). This guide provides a definitive, legally-grounded breakdown of how to successfully combine spousal incomes for Ecuador's retiree visa, officially known as the Visa de Residencia Temporal para Persona en Retiro.

Understanding the Retiree Visa Financial Requirement

The legal foundation for this visa is the Ley Orgánica de Movilidad Humana (LOMH) and its accompanying Reglamento. The financial requirement is indexed to Ecuador's salario básico unificado (SBU), which is adjusted annually by the government. For 2024, the SBU is $460.

Under current regulations, the primary applicant for the Persona en Retiro visa must demonstrate a stable, monthly income from a pension or retirement fund equivalent to at least three times the SBU.

• 2024 Calculation: 3 x $460 = $1,380 per month for the primary applicant.

For a dependent spouse applying under the same visa category, an additional monthly income must be demonstrated, typically equivalent to one SBU.

• 2024 Calculation: 1 x $460 = $460 per month for the dependent spouse.

Therefore, a couple applying together must demonstrate a combined, stable monthly income of at least $1,840 ($1,380 + $460).

The Critical Question: How to Legally Combine Spousal Incomes

The law does not require each spouse to meet the $1,380 threshold individually. Instead, one spouse is designated the primary applicant (titular) and the other is the dependent (dependiente). This is where the principle of family unity, enshrined in Article 10 of the LOMH, comes into play. You can pool your pension incomes to meet the combined total.

The correct application strategy is as follows:

1. Designate a Primary Applicant: Choose the spouse with the higher and/or more easily documented pension as the primary applicant.
2. Combine Incomes: Aggregate the pension incomes from both spouses. As long as the total exceeds the combined requirement (e.g., $1,840 for 2024), you meet the financial threshold.
3. Submit as a Family Unit: The application is submitted as a single unit, with one primary visa and one dependent visa.

Hyper-Specific Detail #1: The "De por Vida" Clause. The single most important document for proving your pension is the official letter from the issuing agency (e.g., the U.S. Social Security Administration). This letter, which must be apostilled, must explicitly state that the pension is for life ("de por vida"). A letter that only states the current monthly benefit without confirming its lifelong duration is a common cause for rejection or requests for additional evidence (subsanación).

Example Scenario (Successful Application):

• SBU: $460
• Required Total for a Couple: $1,840
• Spouse A Pension: $1,500/month
• Spouse B Pension: $500/month
• Combined Income: $2,000/month

In this case, Spouse A applies as the primary applicant, and Spouse B applies as the dependent. Their combined income of $2,000 comfortably exceeds the $1,840 requirement. Both applications are submitted together, referencing each other.

Essential Documentation: The Pillars of Your Application

Meticulous documentation is non-negotiable. For a spousal retiree visa application, you will need:

1. Visa Application Form (Formulario de Solicitud de Visa): One for each applicant.
2. Passport: Color copy of the main page and the page with your last entry stamp into Ecuador. The passport must be valid for at least six more months.
3. Passport-Sized Photo: With a white background, taken within the last six months.
4. Proof of Pension Income (for BOTH spouses):
   • Official Pension Letter(s): Apostilled and officially translated into Spanish. This must state the monthly amount and confirm it is a lifetime benefit. This is the primary evidence.
   • Recent Bank Statements (3-6 months): Showing the consistent deposit of the pension funds. While helpful, this is secondary to the official pension letter. If pensions are deposited into a joint account, this is acceptable as long as the official letters clearly assign the income to each spouse.
5. Marriage Certificate: Must be apostilled (or legalized) and then officially translated into Spanish by a court-certified translator in Ecuador.
6. Criminal Background Check: A national-level check (e.g., FBI Identity History Summary in the U.S.) from your country of citizenship and any country you have resided in for the past five years. This must be apostilled and officially translated.
7. Proof of Ecuadorian Health Insurance: A certificate confirming you have secured either public (IESS) or private health insurance valid in Ecuador. This is a mandatory requirement upon visa approval, and often proof of enrollment is required at the time of application.

Hyper-Specific Detail #2: The Cost Breakdown. Be prepared for the government fees. As of 2024, the fees per person are: Visa Application Fee: $50 (non-refundable) and Visa Issuance Fee: $400 (paid upon approval). The total government cost for a couple is $900. This does not include costs for apostilles, translations (which can run $25-$40 per page), or facilitator fees.

Common Expat Pitfalls to Avoid in Cuenca

• Flawed Translations: Using a friend or a non-certified service for translations is a critical error. Only translations from a translator accredited by the Judiciary Council (Consejo de la Judicatura) or a relevant university in Ecuador are accepted.
• Currency Conversion Issues: The Ministry uses its own exchange rate on the day of review (often based on sources like OANDA). If your pension is in a currency other than USD, ensure it exceeds the SBU requirement by a safe margin (5-10%) to account for fluctuations.
• Misunderstanding the Orden de Cedulación: Hyper-Specific Detail #3: After your visa is approved and stamped in your passport, the Ministry issues a document called an orden de cedulación (cedula order). You must bring the original of this specific document to the Registro Civil to get your Ecuadorian ID card. Simply showing up with your passport and visa sticker is not enough and is the single most common reason expats are turned away from the Registro Civil office on Av. Remigiorespectively Crespo Toral in Cuenca.
• Applying for Two Primary Visas: A common mistake is for each spouse to apply as a primary applicant. This would require each to prove an income of $1,380 individually and will result in rejection if they cannot. The application must be structured as one primary and one dependent.

Legal Checklist for Your Application

• [ ] Current SBU confirmed for the application year.
• [ ] Combined pension income verified to exceed 4x the current SBU.
• [ ] Marriage Certificate: Apostilled and officially translated.
• [ ] Spouse A Pension Letter: Apostilled, translated, states monthly amount, and specifies "for life" (de por vida).
• [ ] Spouse B Pension Letter: Apostilled, translated, states monthly amount, and specifies "for life" (de por vida).
• [ ] Criminal Background Checks (for both): Apostilled and officially translated.
• [ ] All application forms completed without error, clearly designating one primary and one dependent applicant.
• [ ] Proof of payment for the $50 application fee for each person.

⚠️ Legal Alert: When Professional Counsel is Essential

Stop and consult an expert if your combined income barely meets the threshold, if one spouse has no independent pension, or if any of your official documents have inconsistencies (e.g., name variations, unclear benefit duration). Navigating the nuances of the amparo process, especially under evolving regulations like those outlined in Acuerdo Ministerial No. 0000179, requires precision. An error in structuring your financial proof can lead to rejection, forcing you to start the costly and time-consuming process over again. An experienced facilitator or attorney can ensure your application is structured for success from the outset.