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Ecuador - Regularisation of Status

In recent years, Ecuador has carried out two important migratory regularization processes:

Ecuadorian-Peruvian permanent migratory statute

The Migratory Statute (Estatuto Migratorio) was executed in 2009, and at the end of 2010 was approved by the National Assembly of Ecuador, and ratified by President Rafael Correa, at the end of February 2011. The objective is to regularize work and curb companies that through deceits bring illegally to the country Peruvian labor force to cover temporary positions, such as harvesting of products, paying them half the legal wage.

With the statute in force, any Peruvian citizen that arrives in Ecuador or vice versa, and wishes to work within the legal framework, will receive all the advantages that the laws of the country grant. To obtain this regularization, they must register with the Ministry of Labor Affairs, the entity responsible in the matter.

The program considers a second phase that establishes a period of six months for Peruvians that have lived in Ecuador before the statute was in force to obtain an immigrant visa through a special process of migratory regulation.

To perform this formality, the interested parties must present their identification card and a document certifying their entry to Ecuadorian territory before [the statute] coming into force.

Thanks to this statute, is foreseen the regularization of 2,500 to 3,000 Peruvian citizens in Ecuador.

Regularization for Haitian nationality citizens

The Ecuadorian State –in agreement with migratory policy focused on law established in Article 40 and 423, numeral 5, of the Constitution– undertook an extraordinary regularization process in favor of Haitian citizen in irregular status that had entered Ecuador up until January 31, 2010.

So, through Executive Decree Nº 248 of February 2010, were regularized “392 Haitian citizens, among them 289 men and 103 women, that took advantage of visa 12-XI of five years duration, which was granted after the earthquake that shook that country in the year 2009”.