Since last Sunday, 1 November, Laws 171 on Migration, 172 on Citizenship and 173 on Foreigners have been in force in Cuba, together with their respective regulations, published in the Official Gazette of the Republic of Cuba, No. 39.
One of the most far-reaching changes is the definition of effective migratory residence, which is no longer automatically lost by remaining abroad for more than 24 months, as there is no time limit for the stay outside Cuba of Cubans residing abroad.
The norm establishes that a person maintains their effective residence if they have been in Cuba for at least 180 days (cumulative, not continuous) in the previous year. Anyone who does not reach that period may, however, request accreditation of their status through evidence of roots in the country.
According to the legislative package, Law 171 regulates the Cuban migration process under a systemic conception aimed at achieving regular, orderly and safe migration.
Meanwhile, Law 172 regulates that Cuban citizenship can be acquired by birth or naturalisation, the documents that accredit it, renunciation, loss, deprivation and recovery, as well as the functioning of the Citizenship Registry.
Likewise, permanent residence may be requested by fathers or mothers of Cuban citizens by birth with effective residence in Cuba; foreigners who have resided in Cuba for more than five years and can prove roots; persons with higher qualifications, expertise or international prestige in science, sport, culture or the arts, endorsed by State bodies; those who possess relevant assets or bank accounts in Cuba; and foreign families with work, economic or survival ties.
The norm establishes, among other aspects, that acquiring another citizenship does not imply the loss of Cuban citizenship and that, in the national territory, Cuban citizens are governed by that status and cannot make use of a foreign citizenship.
For its part, Law 173 establishes the attention, protection, identification and legal documentation of foreigners who visit or reside in the country, as well as their social integration process.
It defines the categories of residents and non-residents, their classifications and conditions of stay or residence, rights and duties, work permits, identity documents, the Migratory Centre for Foreigners and the applicable measures and sanctions.
In matters of foreign status, provisional residence (a prior step to opting for citizenship) and permanent residence are created, with broader grounds.
