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90-Day Absence Per Year--Calendar or Rolling?

In reference to maintaining my Ecuador residency VISA: various websites say that I can leave the country for up to 90 days during each of the first 2 years...do they use rolling 12-months or calendar year?

Rolling would mean I can leave up to 180 days in a row if I plan it just right, correct?
(Last 3 months of my 1st year, and first 3 months of my 2nd year)

Calendar year would mean I could leave from Oct. though the end of March as long as that is my only absence in the 2 calendar years?

You can't game the system by playing the calendar-year strategy.  Your years are based on the anniversary-date of your visa being issued.  The issue-date appears on your visa.

If you were issued your residency visa on September 12, 2014 (one year ago today) and stayed in country the full 365 days since then, you can only be out of the country up to 90 consecutive or non-consecutive days of the next 365 (Year 2) to preserve your visa.

Based on that same date of issuance, you could conceivably have left Ecuador for the last 90 days of Year 1 and still be remaining outside the country for up to the first 90 days of Year 2 while maintaining visa rights.

That would be a tricky maneuver that might confuse a rookie visa official.  I recommend running it by an attorney in an email or a consult before trying it. 

Visa laws are subject to change.  Visa laws and their enforcement are subject to interpretation by Ecuadorian authorities.  Anniversary dates may vary slightly due to leap-year considerations.  Consult an experienced visa facilitator or attorney as needed.*

*Recommended visa professionals
Based in Quito and also operating on the EC Coast...
    attorney Sebastian Cordero .. scordero(at)gcabogados.com
Based in Guayaquil and also operating on the EC Coast...
    visa facilitator Prof. Dana Cameron .. Dana.Visas(at)gmail.com
In Cuenca, where anecdotal Internet reports say that various
    staff members are bilingual, most Expats may not need
    a facilitator or attorney these days.

cccmedia in Quito

I would be very careful……not much fun. and expensive, getting a visa a second time, nor being told you have 48 hours to leave Ecuador…..
Also, while it is true you can be out of the country 90 days/year; if you desire citizenship, it is only 30 days/year for 3 years.
The bigger question is if you need  a residency visa, you can spend 6 months/year with another visa that is easy to get.

AMDG :

I would be very careful....not much fun, and expensive, getting a visa a second time, nor being told you have 48 hours to leave Ecuador….
Also, while it is true you can be out of the country 90 days/year; if you desire citizenship, it is only 30 days/year for 3 years.

Even a one-day-late return to Ecuador in Year 3 could prompt a letter-of-the-law visa official to block your return past the airport.  All the more reason to work with a visa professional ahead of time.

The 90-day limit in the first three years does relate to eligibility to apply for EC citizenship.  But those 90 days can be broken up to allow more than 30 days in a given year... for instance, zero days in Year 1, 40 days in Year 2 and 50 Days in Year 3.  Most Expats do not apply for citizenship unless they have a complicated bi-national family situation ... or desire to get a release on real estate or a CD being used to secure their residency visa.

The day of any arrival into Ecuador counts as a day against any limit, even if your plane touches down at 11:52 p.m.

cccmedia in Quito

AMDG :

The bigger question is if you need  a residency visa, you can spend 6 months/year with another visa that is easy to get.

Educate us, AMDG.  What does the above sentence mean? :cool:

cccmedia in Quito

When I first was here, I overstayed my 3 months and had to take a trip to Peru (actually did it twice) and was able to get a 6 month visa……I forget now what type it was, but it was for 6 months, and after I had been in the country over 3 months…..my second trip, I forget why, but it was certainly with reason, and I was told I had to leave and get a 6 month visa again…..
Now you may guess I am not inclined to follow rules much, and that would be correct at times; but having the experience of making the trip to Tumbles, Peru twice; has convinced me that following the regulations and rules for Visas in Ecuador is a smart, and easier thing to do. 
My point is that there are many options to spend time in Ecuador…….this includes both residency and non-residency visas……..given the frequent changes, it is best to consult the Ecuador Minesterio de Relationes Exteriores for the latest.

AMDG :

the experience of making the trip to Tumbles, Peru twice; has convinced me that following the regulations and rules for Visas in Ecuador is a smart, and easier thing to do.

Thanks for explaining, AMDG.

As you would expect, I had to check Wikipedia to see if there really is a placed called Tumbles, Peru.

It's near Ecuador in northwestern Peru, population 94,000. 

Only it's not Tumbles, its Tumbes -- pronounced TOOM-bess.

cccmedia in Quito

Gracias…...

My permanent visa was assigned on Feb 3 2015.

My exit stamp is Nov. 26 2015. Is May 2 2016 the last day I have to re-enter?

If I'm late, can I stay for 3 months just like an ordinary US citizen who has not received any visa?

And, can I apply for another permanent visa right away? or do I have to wait a certain time period?

vivir83 :

My permanent visa was assigned on Feb 3 2015.

My exit stamp is Nov. 26 2015. Is May 2 2016 the last day I have to re-enter?

If I'm late, can I stay for 3 months just like an ordinary US citizen who has not received any visa?

And, can I apply for another permanent visa right away? or do I have to wait a certain time period?

Your post is possibly the most confusing one I have ever encountered on this forum.

1.  Where were you when your permanent visa was assigned?

2.  Where are you now?

3.  Was your permanent visa registered in Ecuador?

4.  Did you obtain a cédula identity card in Ecuador?

5.  Are you saying your visa is no longer valid because you were outside Ecuador more than 90 days per year in either or both of the first two years?

5.  Were you working with an attorney or visa facilitator on this?  If so, where is that party based?  Do they have an office outside Ecuador that you have dealt with?

6. Dating back to January 1, 2015, what dates were you in Ecuador?  Your passport may show this.

7.  Is it currently your goal to move to Ecuador and live in EC within the 90-day restrictions for the next two years or more?

If you don’t wish to answer the above questions to enable us to help sort out your situation, you should be working with an attorney or facilitator.  In Quito, experienced attorney Sebastian Cordero is contactable at this email address... scordero(at)gcabogados.com

cccmedia

Answering your questions below CCCmedia:

1.  Where were you when your permanent visa was assigned?
---Feb. 3, 2015
2.  Where are you now?
---US
3.  Was your permanent visa registered in Ecuador?
--Yes??
4.  Did you obtain a cédula identity card in Ecuador?
--Yes, about 3 weeks after the start-date on the visa...late February
5.  Are you saying your visa is no longer valid because you were outside Ecuador more than 90 days per year in either or both of the first two years?
--In the first year, i was out LESS than 90, but I am now in the 2nd year, and the 3rd month is approaching. I don't know exactly how they calculate to the day. That's what I'm asking.
5.  Were you working with an attorney or visa facilitator on this?  If so, where is that party based?  Do they have an office outside Ecuador that you have dealt with?
--Yes, but with the earthquake I'm not sure what the response time will be. Also, I prefer to get multiple opinions which is why I'm posting here.
6. Dating back to January 1, 2015, what dates were you in Ecuador?  Your passport may show this.
--I was in Ecuador from October 17 2014 to November 26 2015.
7.  Is it currently your goal to move to Ecuador and live in EC within the 90-day restrictions for the next two years or more?
--I want to go back and live there permanently.

Thanks for replying promptly, Vivir.

I’ll have to get back to you tomorrow (Monday) as there is so much new information coming in about the earthquake and the aftermath.

cccmedia

vivir83 :

Answering your questions below, CCCmedia:...

6. Dating back to January 1, 2015, what dates were you in Ecuador?  Your passport may show this.
--I was in Ecuador from October 17 2014 to November 26 2015.

Let’s take this a point at a time to clarify a couple of key issues.

5.  90-Day Restrictions:  Yes, the earthquake may produce some delays for Expats working with attorneys in Guayaquil and the coast.  However, some attorneys whose clients are primarily in areas with little or no earthquake direct-effects may be able to operate normally in visa support matters.  These latter areas include Quito and Cuenca.

6.  Your Dates in Ecuador Since January 2015:  Your response is confusing.  If you haven’t been in Ecuador since November 26, 2015, that’s almost five months time -- far exceeding the 90-day annual limit for Year 2.  If you have a good reason for being outside Ecuador, the Cancillería could possibly consider it and grant you an exception.  However, make sure you use a professional for consulting or representing you if you go this route.

Even if you don’t have a good reason for being outside Ecuador, I don’t see why you can’t re-apply for a residency visa now that you apparently have lost your visa rights.

cccmedia

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