Decoding the 'Declaración Juramentada de Sometimiento a las Leyes': Your Retirement Visa Essential in Ecuador

The "Declaración Juramentada de Sometimiento a las Leyes Ecuatorianas" is a sworn statement, executed before an Ecuadorian Notary Public (Notario), in which you formally declare your intent to abide by and submit to the legal framework of the Republic of Ecuador. This is a legally binding statement that acknowledges the supremacy of Ecuadorian judicial authority over your person and actions while you reside here.

This declaration directly addresses a key principle within Ecuadorian immigration law. Artículo 10, numeral 3 of the Ley Orgánica de Movilidad Humana (LOMH) explicitly states that foreign persons in Ecuador have the obligation to "cumplir con la Constitución, la ley y las demás normas del ordenamiento jurídico ecuatoriano" (comply with the Constitution, the law, and the other norms of the Ecuadorian legal system). Your sworn declaration is the tangible proof that you understand and accept this fundamental obligation.

Understanding the 'Declaración de Sometimiento'

Why is This Declaration So Crucial for Your Retirement Visa?

The Retirement Visa is granted to individuals who can prove a stable, monthly income from a pension. In exchange for welcoming you, Ecuador requires an unequivocal assurance that you will integrate respectfully. The Declaración de Sometimiento provides this assurance in several key ways:

1. Jurisdictional Acknowledgment: It formally establishes that you recognize Ecuador's sovereignty and its exclusive right to exercise legal jurisdiction over you during your residency.
2. Demonstration of Good Faith: It’s a proactive signal to the Ministry of Foreign Affairs and Human Mobility (Ministerio de Relaciones Exteriores y Movilidad Humana, or Cancillería) that you understand your responsibilities as a foreign resident.
3. Legal Framework for Dispute Resolution: It confirms your agreement that any legal disputes—civil, commercial, or otherwise—will be resolved within the Ecuadorian legal system.
4. Preventing a Subsanación: Submitting it proactively prevents the Cancillería from issuing a subsanación—a formal request for missing information or clarification—which can delay your application by weeks.

Specific Requirements and How to Obtain It in Cuenca

The most robust and accepted format is a "Declaración Juramentada ante Notario" (Sworn Declaration before a Notary).

Step 1: Draft the Declaration

Your immigration attorney or consultant will draft the precise legal text (minuta). A generic template is risky. The text must include:

• Your full name, nationality, passport number, and current address in Ecuador.
• A clear statement that you are applying for the Visa de Residencia Temporal de Jubilado.
• The explicit declaration of submission, often worded as: "declaro bajo juramento mi sometimiento a las leyes y autoridades de la República del Ecuador." (I declare under oath my submission to the laws and authorities of the Republic of Ecuador.)
• A commitment to respect the Constitution and all legal norms.
• Your signature and fingerprint.

Step 2: Locate a Notary Public (Notaría) in Cuenca

You can find Notarías throughout the city.

Step 3: The Notarization Process

Bring the following to your appointment:

• Your original, valid passport.
• Cash for the notary fee. The cost for a declaración juramentada of this type in Cuenca typically ranges from $25 to $40 USD.
• An official interpreter if your Spanish is not fluent.

You will sign the document and provide your thumbprint in the notary's presence. They will then affix their signature, stamps, and a numbered seal.

Common Expat Pitfalls and How to Avoid Them

• Bringing a U.S.-Notarized Document: A common and costly mistake is bringing a declaration signed and notarized in your home country. This is useless for an application filed within Ecuador. The declaration must be executed before an Ecuadorian Notary.
• Mistaking the Notary's Role: An Ecuadorian Notario is a high-level lawyer. They are obligated to read and ensure the legality of the document's content. A vague or poorly drafted declaration may be rejected by the notary themselves.
• Underestimating Document Turnaround Time: At the Registro Civil on Avenida de las Américas, ordering a birth or marriage certificate (partida de nacimiento/matrimonio) often takes 24-48 hours. Plan accordingly.

⚠️ Legal Alert: When to Stop and Consult an Attorney

If you are unsure about the precise wording required by the current regulations, such as those outlined in Acuerdo Ministerial No. 0000179, or if you have a complex personal history, stop immediately and consult an experienced immigration attorney. This declaration is a binding legal instrument. An error here can jeopardize your entire residency application.

Conclusion: Your Commitment, Our Expertise

The Declaración Juramentada de Sometimiento a las Leyes is your formal pledge to become a responsible and law-abiding member of the community in Ecuador. For your Retirement Visa application, ensuring this document is impeccably drafted and notarized is a foundational step toward securing your new life.