Ecuador: Stay Rules To Be Relaxed For Venezuelan Nationals Already In Country, But Entry Requirements To Become More Stringent

Last Updated: 29 August 2019
Article by Fragomen  

At a Glance

The president of Ecuador has signed an executive decree concerning Venezuelan nationals seeking to enter or already in the country. Key changes include:

  • Beginning August 25, 2019, Venezuelan nationals seeking to enter Ecuador will need to obtain a Humanitarian Visa (or any other visa established by law) prior to entry and will no longer be able to enter Ecuador under a visa-exempt status;
  • Venezuelan nationals who entered the country legally on or before July 26, 2019 and have not violated Ecuadorian laws, will be able to obtain a two-year Humanitarian Temporary Residence Visa to regularize their status; and
  • Venezuelan nationals will be able to use their Venezuelan passport or identification card up to five years after its expiration to regularize their status. Currently, Venezuelan nationals must have a valid passport to apply for a Humanitarian Visa.

The effective date, process details and requirements for the humanitarian consular visa and temporary residence remain uncertain until the Ministry of Foreign Affairs releases further regulations within the next 90 days.


The situation

The Ecuadorian government published an executive decree reforming immigration requirements for Venezuelan nationals residing in or seeking to enter the country.

A closer look

The immigration reforms include:

New Rule / Process Prior Rule / Process Impact
  • Entry visa required. Beginning August 25, 2019, Venezuelan nationals seeking to enter Ecuador will need to obtain a Humanitarian Visa, or any other visa established by law, prior to entry and will no longer be able to enter Ecuador under a visa-exempt status.
  • Currently, Venezuelan nationals can enter Ecuador without obtaining a visa as tourists or business visitors.
  • Venezuelan nationals will no longer be able to enter as tourist or business visitors simply by presenting their Venezuelan passport or identification card upon entry, as is currently the practice.
  • Employers will see delays in hiring Venezuelan nationals currently outside of Ecuador due to the time it takes to process a visa.
  • The process details and requirements to obtain the consular Humanitarian Visa remain uncertain until the Ministry of Foreign Affairs releases additional regulations and consular instructions within the next 90 days.
  • Regularization of status. Venezuelan nationals who entered the country legally on or before July 26, 2019 and have not violated Ecuadorian laws will be able to obtain a two-year Humanitarian Temporary Residence Visa to regularize their status. The regularization process will end March 31, 2020.
  • Applicants who meet the above criteria may apply for the visa even if they are in irregular immigration status at the time of their application.
  • Previously, Venezuelan nationals could reside and work in Ecuador only under employment, family or treaty-based visas.
  • Eligible Venezuelan nationals will be able to reside and work in Ecuador and access public education, social security and health care, even without a job offer.
  • The process details and requirements to obtain the Humanitarian Temporary Residence Visa remain uncertain until the Ministry of Foreign Affairs releases additional regulations and consular instructions within the next 90 days.
  • Expired documents valid to regularize status. Venezuelan nationals will be able to use their expired Venezuelan passport or identification card for up to five years after its expiration to regularize their status.
  • Currently, Venezuelan nationals must have a valid passport to apply for a Humanitarian Visa.
  • There should be an increase in the number of Venezuelan nationals who can regularize their status in Ecuador; once their status is regularized, these Venezuelan nationals will be able to work and reside legally in Ecuador.
  • It is still uncertain whether expired documents will be considered valid for purposes of entering the country or applying for any other type of visa.

Background

  • Previous concessions for Venezuelans in Ecuador. The Ecuadorian government previously granted Venezuelan nationals relief from certain immigration requirements. For example, Venezuelan nationals do not have to present an apostilled criminal clearance certificate when entering Ecuador and can use their Venezuelan identification card instead of a passport if their passport is expired or valid for less than six months.
  • Approaches to Venezuelans in Central and South America. While some countries in Central and South America continue to relax their immigration policies to benefit Venezuelans fleeing the country's humanitarian crisis, some countries facing the highest influx of migrants have started to retract some of their concessions in an effort to improve migration tracking efforts and minimize the impact to the country's public service systems.
  • Entry visa policy similarities. Ecuador's entry visa requirement is similar to those recently implemented by Chile and Peru.

Looking ahead

An analysis led by the UN Refugee Agency (ACNUR) and the International Organization for Migration (OIM) projects that by the end of 2019, almost 500,000 Venezuelans will reside in Ecuador. The current reforms demonstrate the government's intent to more accurately track the number of Venezuelans in the country. As the number of Venezuelan migrants increases, employers and foreign nationals should be prepared for additional changes and tracking mechanisms, not only in Ecuador, but across other Latin American countries.

Fragomen will monitor the implementation of the executive decree over the next 90 days and report on relevant developments as they occur.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Vivanco & Vivanco Corporate Services LLC
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Vivanco & Vivanco Corporate Services LLC
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions