Significant Immigration Reforms Implemented
February 24, 2021
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At a Glance
The National Assembly has approved an immigration reform bill that implements the following key changes in Ecuador:
- Replaces the Visa de Excepción de Corta Duración with a new Acts of Commerce Visa for foreign nationals seeking to conduct business and technical activities in Ecuador, among other activities, for up to 180 days;
- Eliminates travel restrictions for temporary residents in Ecuador;
- Creates stricter eligibility rules for permanent residents; and
- Eliminates the UNASUR Temporary Visa.
The situation
Long-awaited immigration law reforms were approved by the National Assembly in Ecuador. The reforms significantly change many immigration category eligibility requirements and other factors of the country’s immigration system.
A closer look
The following are the key changes:
| IMMIGRATION CATEGORY | DESCRIPTION OF RULE/CHANGE | IMPACT |
Business and short-term travelers |
The reforms create a new Acts of Commerce Visa for foreign nationals seeking to conduct business, acts of commerce, technical, sporting, academic, scientific and technological activities for up to 180 days within a one-year period. |
The visa replaces the Visa de Excepción de Corta Duración implemented in April 2019 and regulates short-term trips for business, commercial and technical activities. |
Temporary residents |
The reforms eliminate travel restrictions for temporary residents, who no longer need to limit their stay outside Ecuador to 90 cumulative days per year to maintain their status. |
More foreign nationals can now use a temporary resident visa to work in Ecuador while maintaining a residence and/or working abroad. |
Permanent residents |
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Union of South American Nations (UNASUR) Temporary Visa |
Considering Ecuador’s decision to opt out of the UNASUR agreement, the UNASUR Temporary Visa (which previously allowed nationals of Bolivia, Guyana, Suriname and Venezuela to regularize their status in Ecuador by obtaining a two-year temporary residence) has been eliminated. |
Holders of UNASUR visas in Ecuador will need to obtain a Mercosur visa (if eligible) or another type of visa once their current visa expires to be able to remain in Ecuador. |
The reforms also formalize additional causes for deportation, which now include foreign nationals who are considered a threat or risk to public security or who have been sentenced to more than five years of jail time.
Background
- History. The Ministry of Foreign Affairs and the Ministry of the Interior initially submitted the proposed immigration reforms to the National Assembly in September 2019, and though the review was expected to be prioritized and approved within six months, it was delayed by COVID-19 emergency responses.
- Controlled migration. The reforms (passed largely as initially proposed) reflect the government’s focus toward a more organized and controlled migration system in response to the high influx of Venezuelans and other foreign nationals in recent years, and growing concern for even a higher influx after COVID-19 travel restrictions subside.
- Streamlining effort. The changes, particularly the elimination of travel restrictions for temporary residents, are also intended to streamline some immigration processes to minimize the administrative impact on the government and attract foreign investment and talent into the country.
- Legal voids. Most of the other changes (especially those relating to short-term business travelers and permanent residence applications) are intended to fill legal voids in the previous immigration law.
Looking ahead
Further details are forthcoming within the next 90 days when the Official Registry publishes the accompanying immigration regulations to the new law. Fragomen will report on key additional changes and their impact once the regulations are published.
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].
