Colonel Mario Méndez Mayedo, head of the Directorate of Identification, Immigration, and Foreigners Affairs at the Ministry of the Interior, announced at a press conference the publication and gradual implementation of three laws that profoundly modify Cuba’s immigration regime.
The new regulations—Laws 171, 172, and 173—update legislation on immigration, foreign nationals, and citizenship, introducing novel concepts such as “effective migratory residence,” the elimination of the 24-month limit on stays abroad, and the explicit protection of the assets of Cubans residing outside the country. The official stated that this is a new immigration system that recognizes global trends and the interests of citizens both within and outside the national territory.
THREE LAWS, ONE GOAL: ADAPTING MIGRATION POLICY TO THE CURRENT CONTEXT
The new provisions include the Immigration Act (which has expanded from 25 to 170 articles), the Aliens Act (from 25 to 91 articles), and the Citizenship Act—the latter being the first of its kind to be enacted as a law. The regulations have also expanded significantly: the Immigration Regulations now contain 362 articles, and the Aliens Regulations, 200; this reflects the complexity of the matter and the consensus reached following consultations with 37 agencies.
Colonel Méndez Mayedo explained that the drafting process was “lengthy and very complex,” and that there was constant dialogue with the Ministry of Foreign Affairs and the consulates, gathering concerns from Cubans abroad. The laws were approved by the National Assembly in July 2024 and are now being published, with a general 180-day period before they take effect, although a key category—that of investors and businesses—takes effect immediately through a specific decree-law.
EFFECTIVE IMMIGRATION RESIDENCE: THE 24-MONTH LIMIT FOR STAYING ABROAD IS REPEALED
One of the most significant changes is the definition of effective immigration residence, which is no longer automatically lost by staying abroad for more than 24 months, as there is no time limit on how long Cubans residing abroad may stay outside of Cuba.
The regulation establishes that a person maintains their effective residency 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 proof include: having formal family ties (up to the first degree with Cuban residents), engaging in paid employment, making investments, owning property, holding bank accounts in Cuba, fulfilling tax obligations, and possessing other movable or immovable assets.
In addition, a third option is provided: Cuban citizens residing in the national territory but who must remain abroad for work, health, study, or other justified reasons may retain their effective immigration residency by proving that situation.
“There is no time limit for being outside Cuba. Cubans can remain abroad for as long as they need, as long as they require, as long as they want,” emphasized the First Colonel.
With this provision, the category of emigrants will cease to grow and will begin to gradually decrease, as most Cubans abroad will become “residents abroad,” a more favorable status.
Effective immigration residency is a criterion for determining how many people actually live in Cuba; this is relevant for decision-making, public policy, and other matters.
PROPERTY OF CUBANS RESIDING ABROAD: CONSTITUTIONAL PROTECTION
One of the issues that drew the most attention during the preliminary debate was the fate of the property of Cubans living abroad. Article 31 of the new Immigration Law dispels any doubts:
“Cuban citizens residing abroad, 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.”
The First Colonel emphasized that this provision was the result of consensus and addresses the concerns expressed by the public and the deputies in the Assembly.
NEW IMMIGRATION STATUS FOR INVESTORS AND BUSINESSES: EFFECTIVE TODAY
Although most of the provisions will take effect in 180 days, the Government decided to bring forward the immigration status for investors and businesses for Cuban citizens abroad and emigrants interested in actively participating in the country’s economy. A decree-law published today sets forth the procedures for acquiring this status, which is linked to the update of the Cuban economic model.
FOREIGNERS: MORE FLEXIBILITY, NEW GROUNDS FOR RESIDENCE AND HUMANITARIAN PROTECTION
In the area of immigration, the law simplifies and expands the options. Two distinct categories are established: provisional residence (a prerequisite for applying for citizenship) and permanent residence, with grounds that are much broader than simply being married to a Cuban national.
The following individuals, among others, may now apply for permanent residency:
Parents of Cuban citizens by birth who have actual residence in Cuba.
- Foreigners who have resided in Cuba for more than five years and can demonstrate deep-rooted ties.
- Individuals with advanced degrees, expertise, or international prestige in science, sports, culture, or the arts, endorsed by state agencies.
- Those who possess significant assets or bank accounts in Cuba.
- Foreign families with employment, economic, or survival ties.
Specific provisions are also being introduced for victims of armed conflicts, people in vulnerable situations, or insolvent tourists, who until now lacked adequate immigration support. “This has been happening, but without a regulatory framework; now we are including it in the Law,” the official explained.
“Today we are implementing a new immigration system in the Republic of Cuba. This is the greatest demonstration of the fulfillment of the political decision to keep immigration regulations up to date,” stated the Head of Identification, Immigration, and Foreigners’ Affairs.
The senior official emphasized that the laws are the result of extensive public and parliamentary debate, and that the regulatory work succeeded in reconciling the interests of all involved agencies, always with an eye toward “the most favorable option for the purpose of this Law.”
The complete provisions, including Laws 171, 172, and 173, as well as the decree-law on investors and the associated finance resolution, are published in the Ordinary Official Gazette No. 39 and the Extraordinary Official Gazette No. 60, respectively.
