Securing Ecuadorian Residency: Proving Economic Dependency for Family Members

Navigating Ecuador’s immigration system requires precision. For expatriates wishing to bring adult children or elderly parents under their residency status, the process of proving economic dependency is a critical, and often misunderstood, hurdle. As an Ecuadorian lawyer with extensive experience guiding clients through this process in Cuenca and nationwide, I will provide a definitive guide based on current law and on-the-ground procedure.

The core principle is demonstrating to the Ecuadorian government that the dependent family member cannot financially support themselves and relies entirely on you, the sponsor. This is not a matter of choice or convenience; it is a legal requirement grounded in the Ley Orgánica de Movilidad Humana (LOMH) and its implementing regulations. The Ministry of Foreign Affairs and Human Mobility (Ministerio de Relaciones Exteriores y Movilidad Humana) scrutinizes these applications to ensure the sponsor has the genuine financial capacity to support all dependents without becoming a burden on the state.

The Legal Framework: Understanding Dependency Claims

The right to family reunification (amparo) is enshrined in Artículo 63 of the LOMH. This article permits residents to sponsor their parents and children. However, when the child is over 18 or the parent is of working age, the burden of proof shifts squarely to demonstrating economic dependency. The specific requirements are further detailed in Artículo 57 of the Reglamento a la LOMH and the procedural directives found in documents like Acuerdo Ministerial No. 0000055, which outlines the application procedures for visas.

This legal framework is designed to ensure that the dependency is based on genuine need, not simply a desire to live together.

Who Qualifies as an Economically Dependent Family Member?

An individual is generally considered economically dependent if they meet these strict criteria:

Adult Children (over 18): Must prove a permanent inability to support themselves due to a severe physical or mental disability, officially certified by the relevant Ecuadorian health authority (Autoridad Sanitaria Nacional). Being a university student is generally no longer sufficient grounds for an adult child dependency visa; the dependency must be due to disability.
Elderly Parents: Must demonstrate that any income they receive (pensions, social security, etc.) is insufficient to cover their basic living costs in Ecuador, and that they rely on the sponsor for essential financial support. While there is no defined "elderly" age, applications for parents under 65 face significantly higher scrutiny.

Step-by-Step Guide to Proving Economic Dependency

The process requires assembling a robust file of evidence that leaves no room for doubt.

Step 1: Gather Essential Personal Documents for the Dependent

Valid Passport: A clear, color copy of the biographical data page.
Apostilled Criminal Background Check: From the country of origin and any country where the dependent has resided for the last five years. This must be a national-level check (e.g., FBI in the US) and is valid for only 180 days from its date of issuance. The apostille must be recent.
Apostilled Birth Certificate (for children) or Marriage Certificate (for parents, to prove the link to the sponsor's other parent if applicable): This document is the primary evidence of the family relationship.

Step 2: Document Your Financial Capacity as the Sponsor

This is the cornerstone of the application. You must prove you have sufficient and stable funds to support yourself and your dependent. The unofficial benchmark is that you must demonstrate the required income for your own visa, plus an additional amount for each dependent.

Proof of Income: Bank statements from an Ecuadorian or foreign bank for the last 6-12 months, showing consistent deposits and a stable balance. For a temporary residency visa like a Rentista or Jubilado, this means showing your qualifying pension or income, plus an additional amount (unofficially, around $250-$400 per month) for the dependent.
Investments: If you hold an investor visa (Residente Temporal - Inversionista), you must show that your investment (póliza) remains active and meets the required amount.
Property Ownership: While helpful, property deeds alone are not sufficient proof of liquid income to support living expenses.

Step 3: Provide Specific Evidence of Economic Dependency

This is where you directly link your finances to the dependent's needs.

Notarized Affidavit of Economic Support (Declaración Juramentada de Sostenimiento Económico): This is the most critical document. It must be prepared and signed before an Ecuadorian Notary Public (Notario Público).
- The Declaración Juramentada is not a simple letter. It is a formal legal instrument. Crucially, the Notary will require you (the sponsor) to appear in person with two non-family member witnesses (testigos) who can attest to your statements. Many expats are caught off guard by this witness requirement. The approximate cost for this notarization in Cuenca is $40 to $60.
- Content: The affidavit must explicitly state that you are financially responsible for 100% of the dependent's expenses, including housing, food, and healthcare, and that they have no other means of support.
Proof of Financial Transfers: Bank wire receipts or statements showing a consistent history of sending money from your account to your dependent's account for at least the last 6-12 months. A one-time large transfer just before the application will be viewed with suspicion.
For Adult Children with a Disability: A medical certificate issued by a specialist physician from the Ecuadorian public health network (IESS or Ministry of Public Health) or a CONADIS-accredited doctor. A foreign medical report, even if apostilled, will likely need to be validated by an Ecuadorian authority.
For Elderly Parents:
- Apostilled statements of their pension or social security benefits from their home country, proving the income is insufficient.
- Sworn statements or official documents confirming they have no other significant assets or income sources.

Step 4: The Application Process and Associated Costs

All documents are submitted through the official government online portal.

The visa application fee (solicitud de visa) is $50 per applicant, payable online. This fee is non-refundable, regardless of the outcome. If the visa is approved, you will then pay the visa issuance fee (expedición de visa), which is $400 for a temporary residency visa.
Once the visa is approved, you will receive an electronic visa and an orden de cedulación (ID card order). You must take this order to a Registro Civil office to obtain the dependent's Ecuadorian ID card (cédula). In the main Cuenca Registro Civil on Av. Remigio Crespo, it is wise to arrive early and bring the exact cash fee of $5 for the cédula. Their card payment system can be unreliable, and they often cannot make change for large bills, causing frustrating delays.

Common Expat Pitfalls to Avoid

"Student" Dependency: Relying on a child's university enrollment to prove dependency. This is an outdated strategy that is now almost always rejected for those over 18. The dependency must be based on disability.
Informal Support: Claiming you support them without a paper trail. If there are no regular, documented financial transfers from you to them, your claim is weak.
Insufficient Income: Simply meeting the minimum income for your own visa is not enough. You must clearly demonstrate the financial surplus to support another person.
Mistranslations: Using a non-certified translator for official documents. Translations must be done by a court-recognized translator in Ecuador to be valid.
Ignoring the "Why": Your application must tell a clear story. Why is this person dependent now? A recent disability, loss of a spouse, or depletion of savings are compelling reasons. A simple desire to live together is not.

⚠️ Legal Alert: When to Stop and Consult an Attorney

Immediately seek professional legal counsel if:

The dependent has any past immigration issues or a criminal record.
Your financial situation is complex (e.g., income from trusts, business profits, or multiple sources).
You are trying to sponsor a family member not explicitly covered (e.g., a sibling or grandchild).
Your initial application for dependency has been denied (negado) or requires supplemental information (convalidación).
The dependency is based on a medical condition that requires careful and specific documentation from Ecuadorian health authorities.

Proving economic dependency is one of the more subjective areas of Ecuadorian immigration law. A meticulously prepared application, grounded in the correct legal articles and supported by irrefutable evidence, is your only path to success.

Ready to build a successful application for your family? Schedule a consultation with our legal team to ensure your case is presented accurately and effectively.