Penalties for Exceeding Maximum Period of Stay Strictly Enforced

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Executive Summary

Government authorities are strictly enforcing penalties introduced in August for Temporary and Permanent Visa holders who exceed the maximum period of stay outside of Ecuador. Foreign nationals under these visa types should keep accurate records of their time spent outside of the country.

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The situation

Penalties are being enforced

A closer look

Government authorities are strictly enforcing penalties introduced in August for Temporary and Permanent Visa holders who exceed the maximum period of stay outside Ecuador.

• Penalties. First time offenders will be fined the equivalent of three times the minimum salary level if they hold a Temporary Residence Visa and four times the minimum salary level if they hold a Permanent Residence Visa. Repeat offenders will have their visa cancelled and will have to leave the country. Failure to voluntarily leave the country will result in deportation. If the visa is cancelled due to the above mentioned reasons, the assignee will not be allowed to return to Ecuador for three years.
• Temporary residents. Foreign nationals under Temporary Residence visas issued on or after February 2017 cannot leave the country for more than 90 cumulative days per year.
• Permanent residents. Foreign nationals under Permanent Residence visas cannot leave the country for more than 180 cumulative days per year. This travel restriction is only applicable during the first two years of the visa’s validity.
• Impact. Temporary and permanent residents should keep accurate records of their time spent outside the country and plan their travel according to the new law. If travel will exceed the maximum amount of time allowed, please contact your immigration advisor immediately.
• Background. The law implemented in August 2017 was retroactive to February 2017. Prior to the law being issued, Ecuador did not regulate the amount of time that a temporary or permanent resident could remain outside the country.

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].