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The Cuban regime published this Tuesday in the Extraordinary Official Gazette No. 60 the new laws on Migration, Foreigners, and Citizenship along with their regulations, a legal framework approved by the National Assembly in July 2024 but which had remained unpublished for almost two years.
The Cuban Foreign Ministry announced the publication at a press conference held at the International Press Center, with the participation of authorities from the Identification, Immigration and Foreign Affairs Department of the Ministry of the Interior and from the General Directorate of Consular Affairs of the Ministry of Foreign Affairs.
The regulations were developed with the participation of 37 state agencies of Cuba, according to the authorities present at the press conference.
Among the most significant changes is the introduction of the concept of Effective Migratory Residence, which recognizes as residents those who stay in Cuba for more than 180 accumulated days within a year, or who can demonstrate ties through family, work, economic, or property connections.
The previous limit of 24 months of residence abroad has also been lifted. According to the official announcement, "there is no time restriction for their stay in the country; and the increase in the status of emigrant is halted."
This 24-month restriction had generated constant tension with the Cuban diaspora, estimated to be more than two million people.
The Cuban parliament approved the new Migration Law on July 19, 2024, but its final provisions set a deadline of 180 days after its publication in the Official Gazette for it to take effect, a publication that was delayed until today.
In terms of citizenship, the concept of effective citizenship is introduced, which "recognizes the possibility of holding another citizenship without losing the Cuban one, although the obligation to use the latter in legal acts within the national territory remains."
The new laws on citizenship and immigration also create unprecedented migration categories: provisional resident and humanitarian resident, and expand the criteria for applying for permanent residency in Cuba, including family ties, duration of stay, professional qualifications, and investment capacity.
Additionally, the new Migration Law , granting authorities the power to authorize, deny, or cancel the entry, stay, and exit from the national territory for both foreigners and Cuban citizens.
Among its provisions, it establishes multiple grounds for inadmission to the country, which include criminal records for offenses such as terrorism, drug trafficking, or human trafficking, as well as broader reasons related to national security, public order, or the undertaking of actions deemed hostile against the political system.
In the case of Cuban citizens, the regulations also expand the conditions under which leaving the country can be restricted.
Among them are being subject to legal proceedings, having outstanding financial obligations to the State, fulfilling criminal penalties, or even lacking specific authorizations when it comes to preserving skilled labor or information deemed sensitive.
Similarly, the law includes restrictions for reasons of national defense and security or due to administrative decisions that serve the public interest.
Similarly, mechanisms are introduced that allow for restrictions on entry into the country, even for Cuban citizens, in exceptional situations such as emergencies, high-impact events, or when authorities believe there are risks to internal stability.
This is coupled with the possibility of implementing measures such as deportation, expulsion, or entry bans for foreigners who violate current legislation or are deemed a threat to social order.
The Gazette also includes the Decree-Law 117/2026, signed on April 15 by Juan Esteban Lazo Hernández, president of the National Assembly, which urgently establishes the immigration status for Investors and Businesses for Cuban emigrants who wish to participate in the island's economy.
This figure was necessary because on March 16, the government announced measures to allow the diaspora to participate in the national economy, but Law 171 had not yet come into effect.
Cuban emigrants who wish to invest in Cuba will be able to apply for this status at Cuban consulates or at offices of the Ministry of the Interior, with a resolution period of 30 business days.
The process has a cost of 3,500 Cuban pesos, as established by Resolution 93/2026 of the Ministry of Finance and Prices, signed by Minister Vladimir Regueiro Ale.
Cubans who obtain Investor and Business status will have rights equivalent to those of residents in the national territory while they remain in Cuba, according to Decree 150/2026 signed by Prime Minister Manuel Marrero Cruz.
The distrust of the diaspora towards the regime's openings has been a constant since these measures were announced in April, given the history of failures and changes in rules by the Cuban government toward those who have chosen to invest in the Island.
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