A package of new laws—Laws 171, 172, and 173—governing the Cuban migration process, the treatment, protection, and legal documentation of foreign nationals, and the criteria for Cuban citizenship, came into effect this past Sunday, November 1st. These laws, along with their respective implementing regulations and the Regulations for the Citizenship Registry, were published in the Ordinary Official Gazette, issue number 39.
This legislation introduces new concepts, such as “effective migration residence,” the elimination of the 24-month limit on stays abroad, and explicit protections for the assets of Cubans residing outside the country.
According to Law 171 (the Migration Law), an individual maintains “effective residence” if they have spent at least 180 days in Cuba (cumulatively, not necessarily consecutively) during the preceding year. Those who do not meet this threshold may, however, apply to have their status recognized by providing evidence of their ties to the country.
Accepted evidence includes formal family ties (up to the first degree with Cuban citizens residing in the country), engagement in paid employment, making investments, owning a home, holding bank accounts in Cuba, fulfilling tax obligations, and possessing other forms of movable or immovable property.
Furthermore, the legislation provides that Cuban citizens who reside within the national territory but must remain abroad for reasons such as work, health, study, or other justified causes may retain their “effective migration residence” by providing documentation of their situation. Regarding the status of assets belonging to 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, as established by law.
For foreign nationals, the law introduces the categories of provisional residence (a prerequisite for seeking citizenship) and permanent residence, while expanding the grounds upon which such status may be requested.
In this regard, Article 49 of the Migration Law stipulates that foreign nationals may apply for permanent resident status if they: have established a family through marriage or a de facto domestic partnership with a Cuban citizen who maintains actual residence in Cuba; are the parents of a Cuban citizen by birth who resides in the country; have resided in Cuba for more than five years under a valid residency category and maintain actual residence; possess advanced professional qualifications and expertise, or enjoy international renown in the fields of science, sports, culture, or the arts, and are endorsed through their affiliation with State bodies; or possess significant assets held abroad or in a Cuban banking institution.
Likewise, this type of residency is available to foreign nationals or foreign families who possess professional qualifications and the financial means to ensure their settlement in the country, and who can demonstrate that they have the assets necessary to launch businesses or make investments in projects aligned with the country’s development priorities.
HUMANITARIAN RESIDENCY
Humanitarian residency is established for individuals requiring special protection. It is intended for those assisted in Cuba through mechanisms of the Office of the United Nations High Commissioner for Refugees (UNHCR), those in vulnerable situations, or those in need of temporary protection for humanitarian reasons, subject to approval by the competent authority.
Article 123 of the Migration Law Regulations details the subcategories within this classification: “UNHCR Havana humanitarian resident,” for those arriving in the national territory for the purpose of obtaining refugee or stateless person status; “vulnerable humanitarian resident,” which includes foreign nationals facing serious health issues, physical impairments that prevent independent mobility, or social circumstances that pose a threat to their personal integrity or basic security—as well as victims of human trafficking or the illicit smuggling of migrants; and “humanitarian resident under temporary protection,” for individuals who, upon arriving at the Cuban border, face humanitarian circumstances that prevent them from continuing their journey to their intended destination.
Furthermore, it is specified that, while residing within the national territory, a humanitarian resident is entitled to healthcare, employment, social security, education, access to justice, and family reunification, in accordance with the specific humanitarian grounds for which their residency was approved.
EXERCISE OF MIGRATION RIGHTS BY CUBAN CITIZENS
Regarding migration matters, Cuban citizens possess the rights—as established in the Constitution of the Republic of Cuba—to enter, remain in, travel through, and leave the national territory, in accordance with applicable regulations.
Furthermore, in compliance with these provisions, they have the right to:
Request family reunification in Cuba with foreign relatives residing abroad.
Re-establish residence within the national territory.
Import household goods, subject to the limits and formalities established by current legislation on this subject.
However, any Cuban citizen requesting family reunification within the national territory with foreign relatives residing abroad must, at the time of the request, hold effective migration-based residency within the national territory.
LAW 172 ON CITIZENSHIP: COMPREHENSIVE REGULATION
Law 172 elaborates on the constitutional principles regarding Cuban citizenship and regulates “effective” citizenship; the requirements and formalities for its acquisition by birth or naturalization; the documentation that serves as proof; and the procedures for renunciation, loss, deprivation, or recovery of citizenship.
The law establishes that the acquisition of another citizenship does not entail the loss of Cuban citizenship. While within the national territory, Cuban citizens are subject to their status as Cuban citizens and may not exercise rights associated with a foreign citizenship.
Additionally, Article 36 sets forth the requirements for acquiring Cuban citizenship through naturalization: being of legal age; having held the migration status of a permanent resident for five years or more (or two years if the individual is the spouse, mother, or father of a Cuban citizen by birth); being well-integrated into society; and engaging in or maintaining an authorized economic activity (provided the individual is of working age). not having a criminal record—either abroad or in Cuba—for acts of terrorism, human trafficking, drug trafficking, or other offenses specified by law; and passing the citizenship examination.
LAW 173 ON FOREIGNERS AND ITS LOOK AT SOCIAL INSERTION
Foreigners, to carry out professional or work activities of any type, require a work permit granted by the Ministry of Labor and Social Security, in cases where the immigration classification of resident they hold establishes it.
In the case of provisional and permanent workers, the provision dictates that they do not require any authorization and are governed by the Labor Code.
INVESTORS AND BUSINESSES
One of the objectives of the new laws is to strengthen the ties of Cubans residing abroad with the nation, including their participation in national economic life.
For this purpose, new immigration conditions are incorporated and a legal framework is offered for those who decide to invest, undertake or develop businesses in Cuba in accordance with current regulations.
The possibility for Cubans residing abroad to legally invest in Cuba is recognized and a specific immigration condition is created for those who participate in any of the authorized modalities of the national economy.
The Investor and Business immigration status is aimed at Cuban citizens residing abroad who carry out economic activities authorized by Cuban legislation. It includes those who participate in foreign investment projects, establish MSMEs, non-agricultural cooperatives or other modalities provided for in the legal system.
To do this, these Cubans will have the same legal guarantees recognized for foreign investors. Furthermore, while they remain in Cuba they will enjoy the rights that the legal system recognizes for Cuban citizens, which reinforces the legal security of their projects and their investments in the country.
Download in Spanish the Gazette here PDF: Laws 171 Immigration Law, 172 Citizenship Law and 173 Immigration Law