Navigating the Visa Process for Same-Sex Couples in Ecuador: An Expert's Guide

As a legal consultant specializing in Ecuadorian immigration law, I have guided countless foreign nationals, including many same-sex couples, through the intricacies of establishing residency. Ecuador's legal landscape has evolved significantly, and understanding the specific requirements is the key to a successful transition. This guide cuts through the generic advice to provide a clear, actionable roadmap based on current law and on-the-ground experience.

The foundation for this process is Sentencia No. 11-18-CN/19, the landmark June 2019 Constitutional Court ruling that legalized same-sex marriage nationwide. This decision, invoking Article 67 of the Constitution and international human rights principles, ensures that same-sex spouses have the same immigration rights as heterosexual couples. This is not just a policy; it is a constitutionally protected right that underpins your entire application.

Understanding Your Visa Pathway: The Visa de Amparo

For same-sex couples, the most direct residency route is through a relationship with an Ecuadorian citizen or a legal permanent resident. Once your marriage or civil union is recognized in Ecuador, one partner can apply for a dependent visa, officially known as a Visa de Residencia Temporal de Amparo por Matrimonio o Unión de Hecho. This visa falls under the framework of the Ley Orgánica de Movilidad Humana (LOMH), the primary law governing all immigration matters in Ecuador.

Step 1: Formalizing Your Union in Ecuador

Your first and most critical step is to have your relationship legally recognized here.

Option A: Marriage (Matrimonio)

This is the most common path. The process is handled by the Registro Civil (Civil Registry).

Key Documents:
- Valid Passports: Original and color copies.
- Birth Certificates: Must be apostilled (or legalized, depending on the country of origin) and then translated into Spanish in Ecuador by a court-certified translator (traductor jurado).
- Proof of Single Status: An apostilled certificate of non-impediment, affidavit of marital status, or final divorce/death certificate. This document must explicitly state you are legally free to marry.
- Witnesses: Two adult Ecuadorian citizens or legal residents with their cédulas (ID cards), who are not related to you within the fourth degree of consanguinity.
Hyper-Specific Detail #1: A frequent mistake expats make in Cuenca's Registro Civil is underestimating the timeline. You must first schedule a diligencia de información sumaria, an interview to verify your documents and legal capacity to marry, before a wedding date can be set. This preliminary step can take several weeks. Do not book travel for family until you have a confirmed ceremony date from the official.

Option B: Civil Union (Unión de Hecho)

A civil union grants the same immigration rights as marriage. However, the process can be slightly more complex.

Process: While you can register a Unión de Hecho at Registro Civil, it often requires a prior judicial or notarial act. You and your partner must first appear before a Notary Public (Notario) or a judge to have your union officially solemnized in a public deed (escritura pública). Only with this deed can you then register the union.
Hyper-Specific Detail #2: Be aware that some provincial Registro Civil offices are less familiar with the Unión de Hecho registration process for foreigners compared to marriage. This can lead to delays or requests for additional, sometimes unnecessary, paperwork. Having an attorney handle the initial notarial declaration can streamline the subsequent registration significantly.

Step 2: Assembling the Residency Visa Application

Once you have your Ecuadorian marriage or civil union certificate, the foreign partner can apply for the Visa de Amparo. The application is filed with the Ministerio de Relaciones Exteriores y Movilidad Humana (Cancillería).

Core Requirements for the Applicant:
- Visa Application Form (Formulario de Solicitud de Visa): Completed online through the official government portal.
- Passport: Original and color copy, valid for at least six more months.
- Criminal Background Check: A crucial and time-sensitive document. It must be from your country of origin or any country where you have resided for the last five years. It must be apostilled and translated.
- Hyper-Specific Detail #3: Ecuador's immigration authority, per Acuerdo Ministerial No. 0000179, generally considers apostilled foreign documents like birth certificates and background checks valid for a maximum of 180 days from their date of issuance, not from the date of apostille. Timing the retrieval of these documents is absolutely critical to avoid having them expire mid-process.
- Ecuadorian Marriage or Unión de Hecho Certificate: The original, issued by the Registro Civil.
Requirements for the Sponsoring Partner (the Amparante):
- Identification: Ecuadorian cédula if a citizen, or permanent resident visa and cédula if a foreign resident.
- Proof of Financial Solvency: The sponsor must demonstrate the ability to support the applicant. This is not a fixed amount but is typically proven with bank statements showing a consistent income or sufficient savings. While the law doesn't specify an exact amount for sponsoring a spouse, a monthly income exceeding the salario básico unificado (SBU, currently $460 for 2024) is a safe benchmark.

Step 3: The Application and Cédula Process

Online Submission: The process begins online via the Sistema Virtual de Visas on the Cancillería's website. You will upload all your scanned documents.
Fee Payment: You will first pay the application processing fee. Hyper-Specific Detail #4: As of early 2024, the solicitud de visa (application) fee is $50. If approved, you will then be required to pay the expedición de visa (issuance) fee, which is $200 for a temporary residency visa. These fees are non-refundable.
Approval and Visa Order: Once approved, you receive a digital visa approval (orden de visa). The visa itself is now electronic and linked to your passport number; physical stickers are no longer standard.
Cédula Registration: This is the final, mandatory step. Within 30 days of visa approval, you must go to the Registro Civil to obtain your cédula. You will first need an orden de cedulación (order for ID card issuance) from the Cancillería.
Hyper-Specific Detail #5: Do not just show up at the Registro Civil with your visa approval. You must first request the orden de cedulación from the same Ministry of Foreign Affairs office that processed your visa. Without this specific order, which electronically authorizes the Registro Civil to issue the ID, you will be turned away. The cost for the first-time issuance of a cédula para extranjero is $5.

⚠️ Legal Alert: When to Stop and Consult an Attorney

Navigating this process alone can be perilous. Immediately seek professional legal counsel if:

You Have a Criminal Record: Any conviction, even a seemingly minor one from long ago, requires a specific legal strategy. Non-disclosure is grounds for immediate denial and a potential ban on re-entry.
Document Discrepancies: If your name is spelled differently across your passport, birth certificate, and other documents (e.g., missing a middle name), you must resolve this with a legal affidavit or court order before submitting your application. Ecuadorian bureaucracy demands absolute consistency.
Sponsorship by a Non-Ecuadorian Resident: The financial solvency requirements and scrutiny can be higher when the sponsor is a foreign resident rather than an Ecuadorian citizen.
Previous Visa Denial: A prior denial in Ecuador requires a careful analysis of the reasons for refusal before attempting a new application.
The Unión de Hecho Path: As mentioned, this route can have more procedural hurdles. Legal guidance is highly recommended to ensure the notarial act and subsequent registration are done correctly.

Conclusion: Your Future in Ecuador, Secured

Ecuador offers a clear legal path for same-sex couples to build a life together. The process is precise and unforgiving of errors, but it is not insurmountable. By understanding the specific legal articles, official terms, and common pitfalls, you can navigate the system efficiently and confidently. With meticulous preparation, your journey to residency will be the first of many shared adventures in this beautiful country.