The Government of the Republic of Cuba announced the new Migration, Foreigners, and Citizenship Laws, along with their respective regulations, as part of the comprehensive process of updating the country’s legal framework.
During a press conference, Cuban authorities from the Directorate of Identification, Immigration, and Foreigners and the General Directorate of Consular Affairs and Cubans Residing Abroad of the Ministry of Foreign Affairs reported that the regulations were approved following an extensive consultation process involving 37 agencies, which enriched their content and ensured their alignment with national and international realities.
The new provisions represent a qualitative leap in regulatory scope, significantly expanding the current legal framework. Among the main objectives, the laws aim to define immigration rights and duties more clearly, strengthen ties with Cubans residing abroad, and adapt the legal system to current trends in human mobility.
One of the central elements is the introduction of the concept of Effective Migration Residence, which recognizes as residents those individuals—whether Cuban or foreign—who remain in the country for more than 180 cumulative days per year, or those who, even without meeting this requirement, demonstrate deep roots through family, work, economic or property ties. Likewise, the previous 24-month limit on time spent abroad for Cuban citizens is eliminated, it is established that there is no time limit on their stay in the country; and furthermore, the increase in the number of people classified as emigrants is halted.
Regarding rights, it is reaffirmed that Cubans residing abroad retain the right to use, enjoy, and freely dispose of their property within the national territory, in accordance with the Constitution of the Republic.
The regulations also reorganize the immigration categories for Cuban and foreign citizens, incorporating new classifications such as provisional resident and humanitarian resident, and expanding the grounds for applying for permanent residence in Cuba, including family ties, length of stay in the country, professional qualifications and investment capacity.
Similarly, specific provisions are established for the protection of victims of migrant smuggling and human trafficking, with special attention to women, girls, boys, and teenagers.
Regarding citizenship, the concept of effective citizenship is introduced, recognizing the possibility of holding another citizenship without losing the Cuban one, although the obligation to use the latter in legal proceedings within the national territory remains. The processes for acquiring, renouncing, losing, being deprived of, and regaining citizenship are also regulated, including more clearly defined requirements for naturalization.
The new laws also strengthen citizens’ legal protections by establishing administrative procedures that allow to challenge decisions made by immigration authorities, thereby enhancing transparency and due process.
With this legislative update, Cuba reaffirms its commitment to modernizing its immigration policy, strengthening ties with its emigrants, and ensuring a legal framework that is more inclusive, orderly, and in line with the country’s economic and social transformations.
(Nación y Emigración-Cubaminrex)