Securing Your Ecuadorian Residency: A Legal Expert's Document Checklist for Dependent Spouses

First, let's clarify the legal framework. The old numbered visa categories (e.g., 9-I Retiree) were replaced by the Ley Orgánica de Movilidad Humana (LOMH) in 2017. Today, a retiree applies for a Temporary Residency Visa for a Retiree (Jubilado). Their spouse applies as a dependent under a category known as Amparo, which means their legal status is "sheltered by" or dependent on the primary visa holder.

This guide provides a definitive checklist, enriched with hyper-specific details to help you avoid common pitfalls and ensure a successful application.

Understanding the Dependent (Amparo) Visa

Per Article 62 of the LOMH, family reunification is a cornerstone of Ecuadorian immigration policy. The Amparo visa allows the legal spouse of a temporary or permanent resident to reside legally in Ecuador. The validity and status of the Amparo visa are directly tied to the primary Jubilado visa holder. If the primary visa is revoked or expires, the dependent's visa is also affected.

The Cornerstone: Your Document Portfolio

Meticulous preparation is non-negotiable. The Ministry of Foreign Affairs and Human Mobility (Ministerio de Relaciones Exteriores y Movilidad Humana) demands strict adherence to its requirements.

Here is the definitive document checklist for a dependent spouse:

1. Visa Application Form (Formulario de Solicitud de Visa)

• What it is: The official government application, which must be completed online, printed, and signed.
• Where to find it: On the official Ecuadorian government portal.
• Expert Tip: The online system can be glitchy. Fill it out during off-peak hours and save your progress frequently. Any discrepancy between this form and your passport will lead to rejection.

2. Passport-Sized Photographs

• What it is: A recent, high-quality color photo.
• Requirements: White background, full frontal view, no glasses, hats, or anything covering the face. The digital photo must be in JPG format, 413 x 531 pixels, with a maximum size of 300kb for the online application.
• Hyper-Specific Detail #1: Do not use photos from a machine. Go to a local photo studio in Ecuador (e.g., on Calle Larga in Cuenca). They know the exact, current specifications required by the Ministry and can provide both the physical and correctly formatted digital copies for about $5.

3. Valid Passport

• What it is: The dependent spouse’s original passport.
• Requirements: Must be valid for at least six months from the date of application. You will need color copies of the main page and any pages with Ecuadorian entry/exit stamps.

4. Marriage Certificate

• What it is: The official document proving the legal marital union.
• Requirements:
  • Authentication: If issued outside Ecuador, the certificate must be apostilled (for Hague Convention countries) or legalized by an Ecuadorian consulate.
  • Translation: If not in Spanish, it requires a full translation from a court-certified translator in Ecuador. A general translation is not acceptable.
• Hyper-Specific Detail #2 (Critical Pitfall): The Ecuadorian government often requires that the apostilled marriage certificate be issued within the last 180 days prior to the visa application. They do this to ensure the marriage is still legally valid. Bringing your original 20-year-old certificate, even if apostilled, is a common reason for application rejection. You must request a newly certified copy from the vital records office in your home country before having it apostilled.

5. Proof of Financial Solvency of the Primary Visa Holder

• What it is: Proof that the primary Jubilado visa holder can financially support the dependent spouse.
• Requirements: The LOMH requires the Jubilado to demonstrate a stable monthly income of at least three times the current Salario Básico Unificado (SBU). For 2024, the SBU is $460, so the primary applicant needs to show $1,380/month. For each dependent, they must demonstrate an additional $100/month. Therefore, a retired couple must prove a stable monthly income of at least $1,480. This can be shown via social security statements, pension letters, or other certified income sources.

6. Criminal Record Certificate

• What it is: A background check from the country of origin or where the applicant has resided for the last five years.
• Requirements:
  • Authentication: Must be apostilled or legalized.
  • Validity: The certificate is generally considered valid for 180 days from its date of issuance.
  • Translation: Requires certified translation if not in Spanish.
• Expert Tip for U.S. Citizens: You must provide an FBI Identity History Summary Check. A state-level background check is insufficient and will be rejected. The apostille must be from the U.S. Department of State. Plan for this, as the entire process can take 2-3 months.

7. Movimiento Migratorio Certificate

• What it is: An official record of your entries and exits into Ecuador.
• Requirements: This is required for anyone applying for a visa from within Ecuador. You can request it online or at an immigration office. The cost is approximately $5.
• Expat Pitfall: Many assume this is only for the primary applicant. If the dependent spouse is already in Ecuador on a tourist visa while applying, they will need their own Movimiento Migratorio.

8. Proof of the Primary Visa Holder's Status

• What it is: Evidence of the primary applicant's residency.
• Requirements: A color copy of the primary visa holder’s visa and/or their Ecuadorian Cédula de Identidad.

9. Payment of Visa Fees

• Hyper-Specific Detail #3: The fee structure, as of the latest regulations (Acuerdo Ministerial No. 0000179), is a non-refundable $50 application fee and a $400 visa issuance fee. After your documents are reviewed and approved at the Ministry, you will be given a payment order (orden de pago) to take to a designated bank (usually Banco del Pacífico). You cannot pay at the Ministry office. You must return with the bank receipt to complete the process.

The Application Process: From Submission to Cédula

1. Document Compilation: Gather, apostille, and translate every document.
2. Online Application: Complete the Formulario de Solicitud de Visa online and upload all required documents in PDF format.
3. Appointment & Submission: Schedule an appointment at the appropriate Coordinación Zonal of the Ministry of Foreign Affairs (the office in Cuenca is at Av. José Peralta y Av. 12 de Abril, Edificio Acrópolis). Attend the appointment with all original documents and copies.
4. Fee Payment: Receive the orden de pago, pay the fees at the designated bank, and return the receipt.
5. Visa Issuance: Once everything is processed, the visa will be issued electronically and registered in the state system.
6. Orden de Cedulación and Registro Civil: After the visa is issued, you must request an Orden de Cedulación (Order for ID Card Issuance) from the Ministry of Foreign Affairs. This costs $5.
7. Cédula Appointment: With the Orden de Cedulación, passport, and visa, you can then apply for the spouse’s Cédula de Identidad (national ID card) at the Registro Civil.
   • Hyper-Specific Detail #4: A frequent mistake expats make at the Cuenca Registro Civil is showing up with only their passport and visa, assuming that's enough. They will be turned away. You must first obtain the separate Orden de Cedulación from the Ministry of Foreign Affairs office where you processed your visa. This order is the explicit instruction to the Registro Civil to issue the ID card.

⚠️ Legal Alert: When to Consult an Immigration Attorney

This process is manageable with careful preparation, but you should seek professional legal counsel immediately if:

• Document Discrepancies: Any names, dates, or places on your legal documents (birth certificate, marriage license, passport) do not match perfectly.
• Criminal History: The dependent spouse has any criminal record, no matter how minor or old. Full disclosure and proper legal presentation are critical.
• Complex Financials: Your income is from trusts, complex investments, or multiple international sources.
• Prior Visa Denials: Either party has been denied a visa to Ecuador or another country in the past.
• Law Changes: Ecuadorian immigration law is dynamic. The requirements outlined in this article are current but can be amended by a new Acuerdo Ministerial at any time.

By understanding the correct legal terms, anticipating bureaucratic hurdles, and preparing your documents with exacting detail, you can confidently navigate the path to securing residency for your spouse.