Venezuelan Nationals’ New Criminal Clearance Certificate Rule Published

The situation

Following the Vice President’s announcement that Venezuelan nationals must present a Venezuelan criminal clearance certificate at the port of entry, the Ministry of Foreign Affairs and Human Mobility and Ministry of the Interior have published and clarified this rule.

A closer look

• Affected travelers. Venezuelan nationals entering Ecuador for business, initial work and non-work purposes must present a Venezuelan criminal clearance certificate, apostilled in Venezuela, at the port of entry. The clearance certificate must also be included with work permit application materials.
• Long-term residents of other countries. Venezuelan nationals who have lived in another country for five years immediately preceding the date of entry into Ecuador must present:
  • a criminal clearance certificate from the country of residence, apostilled in the country of residence; and
  • proof of residence in that country (such as a national identification card).

They do not need to present a Venezuelan criminal clearance certificate.

• Short-term residents of other countries. Venezuelan nationals who have lived in another country for less than five years immediately preceding the date of entry to Ecuador must present:
  • a Venezuelan criminal clearance certificate, apostilled in Venezuela; and
  • a criminal clearance certificate from the country of residence, apostilled in the country of residence.
• Minors. Venezuelan nationals age 17 and under entering with or without their parents must present official identification (the regulation is not clear about what qualifies as 'official identification', but Fragomen recommends a passport) or their apostilled birth certificates to enter Ecuador.
• Unclear information. Though the published regulation does not specify the requisite validity period of the documents, Fragomen recommends that affected travelers present documents that are no older than six months from the date of entry. The regulation also does not address whether this rule affects Venezuelan nationals entering Ecuador under a consular visa.

 

Impact

Affected Venezuelan nationals must obtain their Venezuelan (and other countries’, if applicable) criminal records and have them apostilled before travelling to Ecuador.  Affected travelers should start this process as soon as possible since obtaining criminal clearance certificates and apostilling can be a time-consuming process.

Those who fail to present these documents will be denied entry and/or a work permit.

Affected Venezuelan nationals should contact their immigration professional for further guidance.

Background

The regulations were published in response to recent events in Ecuador and the volume of Venezuelan nationals living in and entering Ecuador. Other countries have also created special rules to manage the volume of Venezuelan nationals.

Looking ahead

Fragomen will report on anticipated additional restrictions for Venezuelan nationals, including developments for those entering Ecuador under a consular visa.

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].