Navigating Dependents on Ecuador's Retirement Visa: A Cuenca Expat's Guide

As an Immigration Specialist with extensive hands-on experience in Cuenca, I've guided countless retirees through the intricacies of making Ecuador their home. A pivotal question that determines the shape of their new life is: "How do I bring my family with me on my retirement visa?" The answer is not a simple number but a detailed process governed by strict legal and financial standards. Missteps here can result in costly delays or visa denials. This guide provides the authoritative, compliant, and hyper-specific information you need.

The legal framework for this process is Ecuador's Ley Orgánica de Movilidad Humana (LOMH) and its implementing regulations, the Reglamento a la Ley Orgánica de Movilidad Humana (RLMH). The retirement visa, officially known as the Visa de Residencia Temporal de Pensionado, is defined under Article 60, numeral 10 of the LOMH. It is designed for individuals receiving a stable, lifelong pension from a foreign source. The inclusion of family members is known as amparo (sponsorship).

Who Qualifies as a "Dependent" under Ecuadorian Law?

Ecuadorian law is precise about who can be included in a family unit for immigration purposes. A dependent, or member of the "núcleo familiar," is strictly defined as:

• Spouse or Partner in a Civil Union (Unión de Hecho): The relationship must be legally recognized and proven with an official certificate.
• Children under 21 years of age: This includes biological and adopted children who are financially dependent on the primary visa holder.
• Adult Children with Disabilities: Children over 21 who have a medically certified disability that renders them financially dependent on the primary applicant.
• Dependent Parents: Parents of the primary applicant who can prove financial dependency.

Crucially, each dependent undergoes an individual assessment. There is no "blanket approval." The success of your family's application hinges on proving both the legitimate familial bond and the primary applicant's financial capacity to support everyone.

The Pensioner Visa: Financial Thresholds for You and Your Family

This is the most critical component and where many applications falter. The LOMH establishes clear, non-negotiable income requirements.

For the Primary Applicant: You must demonstrate a stable, monthly income from a pension of at least three times the current Salario Básico Unificado (SBU). For 2024, the SBU is $460, meaning the required minimum income is $1,380 USD per month. This figure is adjusted annually.

For Each Dependent: You must prove an additional $100 USD of stable monthly income for each dependent you wish to include. This is a hard-and-fast rule stipulated in the regulations.

• Example: A retiree with a spouse and one child would need to prove a minimum monthly pension of $1,380 (for themselves) + $100 (for the spouse) + $100 (for the child) = $1,580 USD.

Step-by-Step Guide to Including Dependents

1. Secure Primary Applicant's Eligibility: Before anything else, confirm your pension meets the $1,380/month (2024) minimum. Obtain an official, apostilled letter from the pension-issuing entity (e.g., Social Security Administration, private pension fund) certifying the lifetime nature and monthly amount of the payment.

2. Prove the Familial Relationship (Apostilled & Translated):

   • Spouse/Partner: Apostilled Marriage Certificate or Civil Union Certificate.
   • Children: Apostilled Birth Certificates clearly listing the primary applicant as a parent.
   • Dependent Parents: Your apostilled birth certificate (to prove the parent-child link) and a sworn affidavit of financial support, supplemented by bank records showing consistent transfers.

3. Gather Documents for Each Dependent: Each family member requires their own complete file.

   • Valid Passport: With at least six months of validity.
   • Visa Application Form (Formulario de Solicitud de Visa): One for each person.
   • Criminal Record Certificate: A federal/national level background check from the country of citizenship and any country resided in for the past five years. This document must be apostilled and then translated into Spanish by a certified translator. The cost for an FBI background check and apostille service, for instance, can run upwards of $150.
   • Government Fees: The visa process involves a two-step payment. First, a non-refundable $50 application fee per person. Upon approval, a $400 visa issuance fee per person is required.

4. Submit the Consolidated Application: The complete package for the primary applicant and all dependents is submitted together to the Ministerio de Relaciones Exteriores y Movilidad Humana (MREMH), either at a consulate abroad or at a Zonal Coordination office within Ecuador.

Hyper-Specific Cuenca Pitfalls & Expert Tips

• The "Orden de Cedulación" Bottleneck: After your visa is approved and stamped into your passport, you are not finished. You must request an orden de cedulación (cedula order) from the MREMH. Many expats mistakenly go directly to the Registro Civil office on Avenida Remigio Crespo in Cuenca without this order, only to be turned away after waiting for hours. You must have this specific document in hand to even begin the process of obtaining your national ID card (cédula).

• Underestimating the Dependent Income Rule: Simply having a pension of $1,400 is not enough to support a spouse. The $100-per-dependent rule is strictly enforced. I have seen applications denied for being as little as $20 short of the combined required total.

• Apostille vs. Notarization: A common, fatal error is getting a document notarized but not apostilled. A notarization is a local verification. An Apostille is an internationally recognized certification under the Hague Convention that authenticates the document for use in Ecuador. Your marriage and birth certificates must have an apostille.

• The Translation Trap: Do not use a casual or uncertified translation service. The translation of your legal documents (background check, marriage certificate, etc.) must be officially recognized. While not always legally required to be done by a court-certified translator in Ecuador, using one significantly reduces the risk of rejection due to translation inaccuracies.

Legal Checklist for Cuenca Expats

• [ ] Primary pension income meets/exceeds 3x SBU ($1,380 for 2024).
• [ ] Additional income of $100/month confirmed for each dependent.
• [ ] All foreign documents (birth/marriage certs, background checks) have a valid Apostille.
• [ ] All apostilled documents are translated into Spanish.
• [ ] All passports have over 6 months of validity.
• [ ] Fees are budgeted: $450 per person ($50 application + $400 issuance).
• [ ] I understand I need the orden de cedulación after visa approval and before visiting the Registro Civil.

⚠️ Legal Alert: When to Stop and Consult an Attorney

If you are including dependent parents, adult children with disabilities, or have a complex family structure (e.g., legal guardianships, recent adoptions), do not proceed without consulting an experienced immigration attorney. Proving dependency in these cases requires a higher burden of proof, often involving detailed financial affidavits and legal briefs that are best prepared by a professional. Attempting to navigate these nuances alone is a primary cause of application failure.

Conclusion

Bringing your family to share your retirement in Ecuador is an achievable dream, provided you approach it with precision and a clear understanding of the law. By respecting the financial thresholds, meticulously preparing your documentation according to the standards of the LOMH, and anticipating local procedural hurdles like the orden de cedulación, you can ensure a successful and compliant immigration process for your entire family.