Dual Citizenship with Ecuador: A Legal Expert's Guide for Expats

Ecuadorian nationality is principally governed by the Constitution of the Republic of Ecuador (Constitución de la República del Ecuador) and, crucially for expats, the Organic Law of Human Mobility (Ley Orgánica de Movilidad Humana, or LOMH).

The Constitution, in Artículo 8, establishes that no Ecuadorian by birth can be deprived of their nationality. Artículo 10 extends this principle by stating that individuals who acquire Ecuadorian nationality through naturalization will not be obligated to renounce their nationality of origin. This is the constitutional bedrock that permits dual citizenship.

The LOMH further codifies these rights. It is the primary legislation that regulates the entry, residency, and naturalization of foreign nationals. A common misconception is to refer to older, superseded nationality laws; the LOMH is the current, authoritative text.

Crucially, while Ecuador permits you to retain your original citizenship, it is your absolute responsibility to verify that your country of origin also permits it. Some nations automatically revoke citizenship upon the naturalization of their citizens in a foreign country.

The Primary Pathway to Citizenship: The Carta de Naturalización

For most expats, the route to citizenship is through naturalization, culminating in the issuance of a Carta de Naturalización (Letter of Naturalization). This process is administered by the Ministerio de Relaciones Exteriores y Movilidad Humana (the "Cancillería").

The most common path is naturalization by residency. Artículo 82 of the LOMH outlines the core requirements:

Continuous Legal Residency: You must have held a temporary residency visa for at least 21 months, followed by at least three years of continuous permanent residency immediately preceding the application. This means you must have legal, uninterrupted residency status for a total of at least five years.
- Hyper-Specific Detail 1: "Continuous" residency is legally defined. Under the LOMH, you cannot be outside of Ecuador for more than 90 days in total per year during your first two years of temporary residency, and no more than 180 days in total per year during your permanent residency. Exceeding these limits can reset your residency clock for naturalization purposes. You will prove this with a Certificado de Movimientos Migratorios issued by the Ministry of the Interior.
Being of Legal Age: You must be over 18 years old.
Demonstrating Means of Livelihood: You must prove you can support yourself financially in Ecuador. This can be through pension income, investments, local employment (with IESS affiliation history), or business ownership (with RUC and tax declarations).
Civic Knowledge: You must pass an interview demonstrating a basic knowledge of Ecuador's history, geography, culture, and constitution.
- Hyper-Specific Detail 2: This is not a mere formality. Applicants are frequently asked to name provincial capitals, identify national heroes, explain the colors of the flag, or even recite a verse of the national anthem ("Salve, Oh Patria"). Preparation is essential and often underestimated.

The Naturalization Process: A Step-by-Step Breakdown

1. Application and Fee Payment: The process begins by submitting a formal application (solicitud) to the Cancillería. * Hyper-Specific Detail 3: There is an initial, non-refundable application fee of $50 USD. Upon approval of your naturalization, a final fee of $750 USD is required for the issuance of the naturalization decree. These fees are stipulated in Acuerdo Ministerial No. 0000049 and are subject to change.

2. Document Collation and Submission: This is the most critical and detail-oriented phase. Key documents include: * Your birth certificate, apostilled in your country of origin. * Apostilled criminal background checks from your country of origin and any country where you have lived for more than five years. These documents have a limited validity, typically 180 days from their date of issuance. * Your valid Ecuadorian cédula and passport. * The aforementioned Certificado de Movimientos Migratorios. * Comprehensive proof of your financial solvency. * All foreign-language documents must be officially translated into Spanish within Ecuador by a court-certified translator (traductor juramentado). Translations done abroad are not accepted.

3. Application Review and Interview: The Cancillería will scrutinize your file. If it is complete, you will be scheduled for the civic knowledge interview and a personal interview.

4. Issuance of the Naturalization Decree (Acuerdo Ministerial): If you are successful, the Minister of Foreign Affairs will issue a decree granting you Ecuadorian nationality.

5. Registration with the Registro Civil: This is a crucial, often overlooked step. * Hyper-Specific Detail 4: The naturalization decree itself does not automatically update your civil status. You must take this decree to a judge who will issue a judicial order (providencia de inscripción) instructing the Registro Civil to register your naturalization and update your records. Without this judicial order, the Registro Civil in Cuenca (or any other city) will not issue you a new cédula as an Ecuadorian citizen. Many expats waste weeks trying to deal directly with the Registro Civil without this critical document.

6. Obtaining Your Ecuadorian Cédula and Passport: Once your naturalization is officially registered, you can apply for your Ecuadorian cédula de identidad and passport, which will list your nationality as Ecuadorian.

Common Expat Pitfalls and Expert Advice

Miscalculating Residency Periods: Failing to account for absences exceeding the 90/180-day limits is the most common reason for an application being rejected at the outset. Always request your Certificado de Movimientos Migratorios before applying to verify your own calculations.
Expired Apostilled Documents: Submitting a criminal background check that is older than 180 days will result in an immediate rejection of your file. Time the request of these documents carefully.
Relying on Unofficial Translators: Using a friend or a non-certified translator will invalidate your entire document package. The translator's official certification and seal must be present.
- Hyper-Specific Detail 5: In Cuenca, a common mistake is assuming that a translator who is fluent is sufficient. The government maintains an official list of certified translators. Ask to see a translator's credentials issued by the Consejo de la Judicatura before hiring them.
Neglecting Home Country Law: Enthusiastically pursuing Ecuadorian citizenship without confirming the consequences with your home country's authorities can lead to the unintended loss of your original citizenship. Consult an attorney or the consulate of your home country first.

⚠️ Legal Alert: When to Halt and Consult Counsel

Do NOT proceed with your application if:

You have any unresolved visa issues or gaps in your legal residency history.
You are unsure if your time spent outside Ecuador exceeds the legal limits.
Your criminal background check is not perfectly clean; certain offenses can render you ineligible.
You are applying based on marriage to an Ecuadorian citizen, as this has its own specific requirements and timelines (naturalización por matrimonio), including proving the marriage is not one of convenience.
You received conflicting advice from online forums or non-lawyers.

The path to Ecuadorian citizenship is a significant legal undertaking. With meticulous preparation and expert guidance, it is a profoundly rewarding achievement that cements your place in your new home.