Wow! Winning the permanent visa that was denied in Azogues

On September 29, 2021 we applied for a permanent residence visa for an US citizen in the Azogues Zonal Coordination of the Ministry of Foreign Affairs. We knew that it was going to be denied because, according to the Ministry’s lawyers, they had to apply the reform to the Human Mobility Law that it was given on February 5, 2021. This reform establishes the conditions for obtaining a permanent visa.

Article 63 in numeral 1 of the amended law, says that people who hold the migratory category of Residence for 21 continuous months in Ecuador may obtain a permanent residence visa. Unfortunately, the Ministry applied the reform to the law and the Constitution of Ecuador was violated, since the law cannot be applied retroactively.

Foreigners, who turned 21 months from February 5th, could obtain a permanent residence visa, because they obtained their visa with the previous law.

Many times we have tried to make the officials of the visa department and even the Coordinator understand, but the answer was always that they had provisions from Quito! Since the first refusal to approve the permanent visa, I, Lina Ulloa, had been looking for a foreigner who was in that situation so we can have the opportunity to sue the Ministry of Foreign Affairs and Human Mobility with a Constitutional Protection Action for the abuses. On September 29 was the day I felt happy when at last an American citizen had decided to accept our suggestion to sue the Constitutional Protection Action.

On Friday, November 5th, the hearing took place in the Court, and the judge who heard the case could not believe what was happening and ordered the Ministry to analyze the visa application and grant the visa if it meets all the requirements. Of course the Ministry’s lawyers were not happy with what was happening and appealed the judge’s decision. In a few days we will have the second and last hearing.

Do you have the same case? Was your permanent visa denied because you had used the 90 days of the first year and 90 days of the second year?

We have the answers. Your rights cannot be denied or restricted. Foreigners have the same rights and obligations as Ecuadorians.

For more information, contact dr. Lina ulloa at:
Email: uz.asesoresecuador@gmail.com, or uz.servicios@gmail.com

Av. Jose Peralta 1-19 and Av. 12 de Abril, Building Acropolis, 3rd Floor, office 312.

Gab

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