The Cuban government will eliminate the 24-month stay limit abroad.

The government published two draft laws, one on migration and one on immigration. They could soon eliminate the 24-month stay limit abroad. Check out the details.

Aeropuerto de La Habana (imagen de referencia) © CiberCuba
Havana Airport (reference image)Photo © CiberCuba

The National Assembly of People's Power of Cuba published the legislative projects on Foreign Affairs and Migration, where they could eliminate the 24-month stay abroad and the designation of a migrant for this reason.

The government pointed out that the objective of making the bills known is "to promote citizen participation and contribute to the legal culture" of Cubans.

The legislative body included the texts of both projects on its official website. They attached the emails (comunicacion@anpp.gob.cu and leyesdiie@rem.cu) through which interested parties can express opinions and suggestions.

Cuban Parliament

The Migration Law Project

This bill must regulate the migration process in one of the biggest crises that Cuba is facing on this issue.

The regime ensures that the text has been crafted with a systemic development approach, to achieve a regular, orderly, and secure flow.

According to the project, the government's intention is "to offer migratory solutions that contribute to the integration of Cubans into the new economic model."

A treatment is offered to Cubans when they are in the national territory, similar to that of resident Cubans, except in those aspects that the Law establishes otherwise," they specify.

As a novelty, "the 24-month stay abroad and the designation of migrant for this reason are eliminated, based on the new definition of effective migratory residence" and other important aspects.

"Effective migratory residence is the condition achieved by Cuban citizens and resident foreigners when they spend the majority of their time in the national territory during each calendar year prior to the certification date, or through a combination of a period of stay and other material evidence demonstrating roots in the country," the text defines.

The 24-month limit abroad has been extended by the regime since the coronavirus pandemic, when thousands of Cuban migrants were unable to return to the island.

Recently, the government has also enacted other migratory changes related to the validity periods of the Cuban passport.

Cubans will maintain the migratory categories of Resident in the National Territory or Resident Abroad.

The text warns that upon the entry into force of the law, "Cuban citizens maintain their migratory status and, to the extent applicable, the regulations established will apply to them."

This Migration Law project was consulted with the members of the Council of Ministers and other state entities in March 2024. It received dozens of comments, but Parliament assures that "there are no remaining discrepancies". The current version has approval to be presented to the National Assembly of People's Power.

The project consists of XIV Titles, 21 Chapters, 18 Sections, 170 articles, 5 Transitional Provisions, 3 Special Provisions, and 4 Final Provisions. It is proposed to repeal Law 1312 Migration Law of September 20, 1976, and decrees laws 303/12 and 327/2015," the text points out.

The Foreigners Law project

The Foreigners Law project aims to regulate the care, protection, identification, and legal documentation of foreigners who visit or reside in Cuba.

It will also regulate the process of social integration of residents, in accordance with the provisions of the Constitution of the Republic of Cuba and international legal instruments on immigration.

The National Assembly also published the draft laws on Transparency and Access to Public Information, Administrative Procedure, and the System of Honorary Titles and Decorations of the Republic of Cuba.

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