New Legal Framework on Migration, Foreigners, and Citizenship Now in Effect
The legislative package—Laws 171, 172, and 173—which regulates the Cuban migration process; the care, protection, and legal documentation of foreign nationals, as well as the conditions for granting Cuban citizenship—took effect last Sunday, November 1, along with their respective regulations and the Citizenship Registry Regulations, published in the Ordinary Official Gazette, No. 39.
These laws introduce new concepts such as “effective immigration residence,” the elimination of the 24-month limit on stays abroad, and the explicit protection of the property of Cubans residing outside the country.
According to Law 171 (Migration Law), a person maintains effective residence if they have been in Cuba for at least 180 days (cumulative, not consecutive) in the previous year. Those who do not meet this requirement may, however, apply to prove their status by providing evidence of ties to the country.
Accepted forms of evidence include formalized family ties (up to the first degree with Cuban citizens residing in Cuba), engaging in paid employment, making investments, owning a home, holding bank accounts in Cuba, fulfilling tax obligations, and possessing other movable or immovable property.
In addition, the law provides that Cuban citizens residing in the national territory who must remain abroad for work, health, study, or other justified reasons may retain their effective immigration status by providing proof of that situation.
Regarding the disposition of the property of Cubans living abroad, Article 31 of the Migration Law states that citizens, in accordance with Article 58 of the Constitution of the Republic, have the right to use, enjoy, and freely dispose of their property, in accordance with the provisions of the law.
In the case of foreigners, the categories of temporary residence (a preliminary step toward citizenship) and permanent residence are established, with an expansion of the grounds for applying for them.
In this regard, Article 49 of the Migration Law establishes that foreign nationals may apply for permanent resident status if they have formed a family through marriage or a de facto romantic union with a Cuban citizen who has effective residence; are the parents of a Cuban citizen by birth who has effective residence in the country; have resided in Cuba for more than five years under any resident classification and hold valid immigration residency; can demonstrate, through academic credentials and expertise, advanced professional training or international prestige in science, sports, culture, or the arts; or are endorsed by their affiliation with state agencies. have significant assets abroad or in a Cuban bank.
Similarly, foreign nationals or foreign families who meet the employment and financial eligibility requirements necessary to ensure their settlement in the country, and who can demonstrate that they have sufficient assets to start a business or make investments in projects or priorities related to the country’s development, may apply for this type of residency.
HUMANITARIAN RESIDENCE Humanitarian residence is established for individuals requiring special protection; it is intended for those receiving assistance in Cuba through the mechanisms of the Office of the United Nations High Commissioner for Refugees (UNHCR), those in vulnerable situations, or those needing temporary protection for humanitarian reasons, subject to approval by the competent authority.
Article 123 of the Regulations of the Migration Law details the subcategories of this category: UNHCR Havana humanitarian resident, for those who arrive in the national territory for the purpose of obtaining refugee or stateless person status; vulnerable humanitarian resident, which includes foreigners with a serious health condition or an accident that prevents them from moving without assistance, or a social situation that poses a danger to their personal integrity or basic safety, as well as victims of human trafficking and the smuggling of migrants; and humanitarian resident under temporary protection, for those who, upon arrival at the Cuban border, have a humanitarian reason that prevents them from continuing their journey to their destination.
Furthermore, it is specified that, while residing in the national territory, humanitarian residents have the right to health care, employment, social security, education, access to justice, and family reunification, in accordance with the approved humanitarian grounds.
EXERCISE OF IMMIGRATION RIGHTS BY CUBAN CITIZENS In immigration matters, Cuban citizens have the rights established in the Constitution of the Republic of Cuba to enter, remain in, transit through, and leave the national territory, in accordance with the regulations.
In accordance with these provisions, they also have the right to:
Apply for family reunification in Cuba with their foreign relatives residing abroad. Re-establish residence within the national territory. Import household goods, in accordance with the limits and formalities established by current legislation on this matter. However, a Cuban citizen who applies for family reunification within the national territory with foreign relatives residing abroad must, at the time of application, have effective immigration residency within the national territory.
