A Lawyer's Guide: What to Do When Your Ecuadorian Visa Application is "Stuck"

The dream of living in Ecuador—whether in the historic streets of Cuenca or the vibrant coast—hinges on navigating the country's immigration process. While often manageable, the moment a visa application goes silent, anxiety can set in. As an Ecuadorian lawyer specializing in immigration law, I've guided countless expatriates through this bureaucratic friction. A "stuck" application is rarely a dead end; it is a signal to engage the system with precision and a clear understanding of your rights under Ecuadorian law.

This guide provides actionable, legally-grounded steps to resolve delays, moving beyond generic advice to offer specific strategies based on the Ley Orgánica de Movilidad Humana (LOMH) and the Código Orgánico Administrativo (COA).

Understanding the Legal Framework and Timelines

Ecuadorian law is not silent on processing times. It's crucial to know that delays aren't just inconvenient—they can be a deviation from established legal mandates.

Increased Application Volume: High seasons, particularly before school years or holidays, can strain the system.
Documentation Errors: The single most common cause for delay. A missing apostille, an incorrectly notarized translation, or a financial statement that doesn't meet the specific requirements can halt the entire process.
Inter-Agency Verifications: Certain visas (like the investor visa) require verification from other government bodies (e.g., the Superintendencia de Compañías), which can add time.

Hyper-Specific Detail #1: The most critical piece of information for any applicant is Artículo 58 of the Ley Orgánica de Movilidad Humana. This article mandates that the immigration authority must issue a reasoned decision (approval or denial) on visa applications within a maximum of ninety (90) days. If your application has surpassed this 90-day period without a request for additional information or a formal notification of a complex case review, the delay is now legally significant.

Step 1: Proactive Follow-up (The First 90 Days)

Before escalating, you must exhaust standard channels and create a paper trail.

Confirm Your Submission: You must have the official receipt (comprobante de ingreso de trámite) with your application number (número de trámite). This is your primary identifier.
Scrutinize Your Documents: Re-read the requirements for your specific visa type on the official government website. A common error is submitting a US state-level background check when an FBI-level check is required, or failing to have the apostille translated along with the document itself.
Use Official Channels:
- Online Portal: The official government portal is the first place to check. Look for any status change or a notification under "observaciones" (remarks).
- Email and Phone: Contact the Coordinación Zonal office where you applied. Be professional and always include your full name, passport number, and número de trámite. Keep a log of every call and email.
- In-Person Inquiry: A polite visit to the relevant Ministry office can be effective. In Cuenca, this is the Coordinación Zonal 6 of the Ministry of Foreign Affairs and Human Mobility. Do not show up demanding answers; instead, approach the information desk (Ventanilla de Información) to politely request a status update on your file (expediente).

Step 2: Formal Escalation (Post-90 Days)

If informal follow-ups fail and the 90-day mark has passed, it's time to formalize your inquiry. This elevates your request from a simple question to a formal administrative action.

The Formal Petition (Petición): Invoking the COA

This is not just an email; it is a formal, written document submitted directly to the regional director of the Ministry.

Legal Basis: Your right to petition is protected by Article 66 of the Ecuadorian Constitution and governed by the Código Orgánico Administrativo (COA). The COA obligates public entities to respond to such petitions.
How to Draft:
- Header: Address it to the "Director/a de la Coordinación Zonal [Your Zone Number] del Ministerio de Relaciones Exteriores y Movilidad Humana."
- Introduction: State your full name, nationality, passport number, and contact details.
- Body: Clearly state that you submitted a visa application (mention the type and date), provide the número de trámite, and note that the 90-day period stipulated in LOMH Art. 58 has elapsed without a decision. Formally request an immediate update on the status and a final resolution.
- Submission: Print two copies. Submit one at the Ministry's reception desk (ventanilla única or secretaría). Hyper-Specific Detail #2: The most crucial step is to have your second copy stamped with the date and an official seal of receipt (sello de recibido). This stamp is your irrefutable legal proof that the Ministry received your formal petition. Without it, you have no evidence of your escalation.

Step 3: Advanced Legal Remedies

If your formal Petición is ignored for more than 30 days, you have powerful legal options. At this stage, professional legal counsel is strongly advised.

The Acción de Acceso a la Información Pública

This is a constitutional guarantee that is more precise and effective for this situation than a Writ of Habeas Data.

What it is: A legal action filed in court to compel a public entity to grant you access to information it holds—specifically, the contents of your own administrative file (expediente).
Why it works: Filing this action forces the Ministry to present your file to a judge and explain the status and reason for the delay. The public exposure and judicial oversight often break the bureaucratic inertia immediately. The goal isn't just to see the file; it's to force the official responsible to act on it.

Hyper-Specific Detail #3: A common mistake expats make, which exemplifies the need for precision, occurs at the next stage: the cédula. In Cuenca's main Registro Civil office on Av. Remigio Crespo, many expats arrive for their cédula appointment without the physically printed visa approval document, known as the orden de cedulación. They assume it's digitally linked. It is not always reliably so. Officials will often turn people away without this specific printout, forcing them to reschedule an appointment that may have taken weeks to get. This underscores the importance of having every single correct document in hand at every stage.

Common Expat Pitfalls to Avoid

Using a "Notario" as a Lawyer: Notaries in Ecuador are public officials who witness signatures and certify documents. They cannot provide legal advice or represent you.
Assuming "Facilitators" Have Legal Authority: While many are helpful, their influence is limited. They cannot file formal legal actions on your behalf. For that, you need a lawyer with a registered professional license (matrícula profesional).
Ignoring a Request for Information (Subsanación): If the Ministry sends you an email requesting you to correct or add a document (subsanar el trámite), you have a limited time to respond. Failure to do so can result in your application being legally archived and closed (archivo de la causa).

⚠️ Legal Alert: When to Hire an Attorney

Immediately consult an attorney if:

The 90-day legal deadline has passed, and your formal Petición has been ignored.
You receive a complex request for information you don't understand.
You receive a formal denial (negación) and wish to appeal.
The delay is jeopardizing your legal status in Ecuador (e.g., your 90-day tourist stay is expiring).

Hyper-Specific Detail #4: To empower a lawyer to act, you must grant them a Special Power of Attorney (Poder Especial). This document must be prepared by your lawyer and signed by you before an Ecuadorian notary. The approximate cost for notarization of a Poder Especial in Ecuador is currently between $50 and $70 USD. This is a non-negotiable requirement for legal representation before the Ministry.

Moving Forward with Confidence

A delayed visa application is a solvable problem. By understanding your rights under the LOMH, using the formal procedures outlined in the COA, and creating a meticulous paper trail, you shift from being a passive applicant to a proactive petitioner. Patience, combined with precise, legally-backed action, is the key to navigating the system and successfully making Ecuador your home.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Visa and immigration laws are subject to change. For advice tailored to your specific situation, please consult with a qualified Ecuadorian attorney.

Facing a visa delay or other bureaucratic hurdles in Ecuador? Don't wait in uncertainty. Schedule a direct consultation with our legal team in Cuenca to assess your case and define a clear strategy.