Written by Sara Chaca,
Attorney – Abogada of “Ecuador Visas”
March 16th, 2018
Following moving to Ecuador and obtaining one’s Residency Visa(s), in and of their first few years of life in our beautiful country, many an expat simply elects to remain as a permanent resident of Ecuador, and not jump through the next procedural hoop in sequence, which is of course to become an Ecuadorian citizen, who is then also able to obtain an Ecuadorian passport.
Despite many rumors to the contrary, one IS IN FACT ALWAYS PERMITTED by the Citizenship Law in Ecuador, to have Dual Citizenship in Ecuador, regardless of what other country he/she is currently a citizen of, though one’s country of origin might have something to say about it. But really, as both the US and Canada have always been fully “thumps up” with respect to this issue for all of my clients, very truly its no issue at all for US citizens, Canadians and most other countrymen, in my experience. And so, it is to each his/her own, as per if or when he/she will later apply for Ecuadorian citizenship, once again following one’s first three years of permanent Ecuadorian residency, since citizenship is not able to be applied for prior to that time.
The above constitutes the same exact rules for foreigners who are married to an Ecuadorian Citizen (i.e. needing to wait 3 years since the date of receiving one’s Permanent Residency so as to be able to apply for Ecuadorian Citizenship at that time). The only exception to this, is that any foreigner who marries an Ecuadorian citizen and becomes a Permanent Resident via an “Amparo Marriage Visa”, can instantly (i.e. immediately thereafter becoming a Permanent Resident of Ecuador) apply to become a Citizen of Ecuador themselves, on the basis of their marriage to an Ecuadorian Citizen, but ONLY IF their marriage to their Ecuadorian spouse has/had ALREADY been formally recorded by Ecuador’s “Registro Civil” (Civil Registry office) AT LEAST 2 years prior to the date that the foreigner wishes to apply for their Ecuadorian Citizenship itself. And of course, any person born in Ecuador, or any person born to an Ecuadorian Citizen, CAN/WILL automatically qualify for Ecuador Citizenship by virtue of their birth in Ecuador and/or through their parents who are/were Ecuadorian Citizens, as or how the applicable case may be, WITHOUT the need for the above mentioned three year wait since the date of receiving one’s Permanent Residency Visa.
Please note though that there is NO such thing as obtaining Ecuador Citizenship by Investment without first becoming a Permanent Resident of Ecuador, and also waiting the above mentioned required three years since having become a Permanent Resident – that of course generally requiring a TOTAL period of 5 years living in Ecuador, first as a Temporary Resident for one’s initial 2 years in Ecuador, followed thereafter by an additional 3 years in Ecuador as a Permanent Resident, so as to be able to finally qualify for Ecuadorian Citizenship at that then time.
As one might be curious, the benefits of obtaining citizenship in Ecuador, begin with the fact that you become eligible to receive an Ecuadorian Passport (provided you comply with the then easy to fulfill Ecuadorian passport requirements). In this way of how to get an Ecuadorian Passport, that then, in turn, permits you to be able to travel to ANY OTHER COUNTRY in South America only, without your other country of origin’s passport that you would otherwise need if/when only remaining a resident of Ecuador. This is very convenient, because in such case you no longer have any need for a Visa to visit any other country in South America if you have your Ecuadorian passport (or just Ecuadorian Cedula at that point, which would also show you are a citizen of Ecuador). Plus, each time that you would have otherwise needed to transfer your permanent residency visa to your new passport as a resident of Ecuador, you in turn as an Ecuadorian citizen would no longer need to provide or show your qualification for permanent residency (whether your prior residency visa had originally been obtained via investment, pension, university degree or through marriage/birth). And of course, if by chance for your permanent residency Visa qualification, you had happened to have selected an investor visa in an Ecuadorian bank CD or Ecuadorian real estate property, once you are an Ecuadorian Citizen, you are automatically permitted to liquidate or sell that such asset and spend it as you wish. One small drawback of becoming an Ecuadorian citizen is that you MUST vote in every national election of Ecuador. Technically you can still SKIP voting in Ecuadorian elections if you really want to, as the remedy at law is simply that you be subject to paying a small fine (i.e. between $50-100) in the case that you fail to vote for one or more candidates running for office in Ecuador in any given year of a national election in Ecuador.
And so now, here are the current documents requirements necessary to apply for citizenship in Ecuador — naturally, any documents requirements/processes are subject to change or modification by the Ecuadorian Government/Immigration Ministry at any time, and must be promptly complied with by the applicant if/when so:
– Certificate(s) of no major criminal record in your country of origin with Apostille or Legalization.
– Certificate of Ecuadorian criminal record that is also absent of major offenses (NO Apostille or Legalization necessary for this Ecuadorian issued document).
Please note that the Ecuadorian Naturalization (Citizenship) procedure is performed in the Immigration Ministry of Cuenca, Guayaquil or Quito. You should also take into account that the Ecuadorian Citizenship process is currently taking a time period from a minimum of 6 months, to a maximum of 12+ months, in order to be approved. This is because the Immigration Ministry must review and approve the various documents, as well as administer an Ecuador Citizenship Test in Spanish to you in the context of a written test and oral interview, as to proving your intermediate or better Spanish speaking ability, which needs to be demonstrated by you as to you personally having a fairly general knowledge of Ecuadorian culture, geography, history, and the legal/political system of Ecuador. And so, as you might imagine, the Citizenship application is not nearly as quick to be approved, in comparison to when one applies/applied for a Permanent Residency Visa itself, which Permanent Residency in Ecuador itself does not include these additional requirements that Ecuadorian Citizenship does in fact require.
The determination, as always, rests with you, as to whether it is better for you to apply for Ecuadorian Citizenship, or rather, to just remain a Permanent Resident of Ecuador. And so, make sure to consider your options, and as always, consult with competent legal counsel, prior to making an actionable decision for the benefit of yourself and/or your family.
Sara Chaca (Attorney – Abogada) is a seasoned Ecuadorian Lawyer, who principally serves Expats in making their moves to Ecuador, as well as for any legal issues that arise or become actionable for her Expat clients to undertake in their new lives here in her beautiful country. Sara resides in Cuenca with her family, which consists of her American husband and 2 daughters (as well as her parents and siblings), and when not working, she enjoys spending time with her family in Cuenca’s majestic Cajas Mountains and local parks & fairs of Cuenca, plus visiting the coast as well as the many gem towns of Ecuador. Sara’s personal email address is firstname.lastname@example.org, and her personal cell phone number is 099.296.2065. Sara has a less than 24 hour first response policy, in that if you email or call her, she WILL return your first email or first phone call in less than 24 hours (more typically closer to 24 minutes). Most importantly, all first time consultations with Expats for any type Visa or Legal matter(s) are always FREE OF CHARGE.