Did I lose my permanent Ecuadorian residency?

Hi everyone!

I'm writing here today because I need some help regarding my permanent Ecuadorian residence. I've written in the spanish version of this forum but no answer yet so I'm trying here!

I'm 29, I'm French, and last year on March 5th, 2020 I received my Ecuadorian residency in Quito. However because of personal reasons and because of the pandemic also, on August 19th, 2020, I had to go back to France.
Now my question is; how do I know if I still have my residency or not? I want to go back to Ecuador but I'm not sure what my residency status is.
The organic law of human mobility (Ley organica de mobilidad humana) states that one may leave and reenter the country, but one cannot stay abroad for more than 180 days in each chronological year during the first 2 years. And exceeding these deadlines becomes a migratory offense. In the law they state that one may pay a fine up to 50% of the salario basico. But it also talks about forfeiting the residency so I am not sure.
Also because of the pandemic, they had suspended the visa deadlines from March 19th, 2020 and January 21st, 2021. So I am thinking maybe this plays in my favor?

I'd love to know if I only have to pay a fine or if I will have to forfeit my residence? Maybe someone that knows how residency works or has been in the same situation as me? Or maybe can someone recommend me to someone who knows about this issue? Helppp!

I would greatly appreciate anyone's help on the matter!!

Dear Doriane,

Forfeiting a residency (right to remain in-country) is not the same as forfeiting a residence (building).  If your only offense is not being in Ecuador enough during The Situation, it is extremely unlikely your home will be confiscated.  The 180-day rule could be waived if your favor on a one-time basis, though that's not a certainty.

Special exceptions have been made during The Situation.  For instance, Ecuador is allowing motorists to drive on expired Ecuadorian licenses until December 31st, according to my attorney.

If your español is not strong, you would probably be wise to hire an experienced immigration attorney such as Sebastian Cordero of RC&P Abogados. 

The government has some discretion in how they handle such a case.  Any proof that you were blocked from being in Ecuador due to circumstances beyond an Expat's control .. could be crucial.  For instance, a doctor's note or medical records.

cccmedia in Quito

Ohhh yay a reply :top:

I think we got lost in translation as English is not my first language... I meant permanent residence/residency as in "visa de residencia permanente". I don't own a building or house (I wish haha).

The thing that I am the most worried about is in fact not being in Ecuador enough during the "situation". From when I got my visa to my departure I count 167 days, so I was 13 days short from the 180 days that are required for my first year of having the visa. And now that I am in my second year of having the visa, I also haven't completed the 180 days in Ecuador... So I know I will be "punished", I just don't know if I will be punished by having to pay the fine (which I'm okay with) OR by losing my visa (which I don't want to).
I am trying to plan the next couple months but it is frustrating not having a clear answer or enough information given to not be in this limbo.

So I'm hoping the exceptions are in my favor in this case, I would just love to have a clearer answer so I can plan accordingly...

Also here is what my visa says about it :
https://imagizer.imageshack.com/img922/7268/kNrIcS.png

And this is what the organic law states as the "falta migratoria" :
https://imagizer.imageshack.com/img924/9363/cdQqR5.png

Finally this is the "acuerdo ministerial" talking about the exceptions:
https://imagizer.imageshack.com/img924/8942/u2npHC.png

Appreciate your feedback cccmedia!

Doriane_27 wrote:

Ohhh yay a reply :top: ...

Finally this is the "acuerdo ministerial" talking about the exceptions:
https://imagizer.imageshack.com/img924/8942/u2npHC.png

Appreciate your feedback cccmedia!


For an Expat, trying to fit together information from these varying sources is nearly impossible, because the publicly-available info often gives inadequate insight into how to make things work.  The unpredictable effects of The Situation complicate matters;  here in Ecuador, half the non-essential workforce was unable to come to the office to work for months, slowing the ability to get work done and altering normal procedures.

You're understandably in the dark.  I'd contact a bilingual attorney such as Sebastian Cordero, who works Quito and the Coast.  He just extricated me from a potential 'jackpot' when Ecuadorian Customs held up a USA shipment for six weeks.  He has enough juice and experience to talk to bureaucrats in Spanish legalese and get your problems sorted.

You can likely get some preliminary guidance on a gratis basis if you present a simple question.
sebascordero1975(at)gmail.com
I wrote (at) instead of @ so that the Expat.com mailbot doesn't "review" (erase) the address in this post.
Use the @, not the (at), if you send him an email.

cccmedia in Quito

I appreciate your help cccmedia, I'll get in contact!

If someone else has any feedback or is in a similar situation, I'd love to hear from you!