Starting from November 1, 2026, significant changes will be made to the immigration rules that Cuba applies to its citizens both inside and outside the island.
That day, the new Migration Law 171, the Citizenship Law 172, and the Foreigners Law 173 will come into effect, along with their main regulations.
The regulations were approved by the National Assembly in July 2024, but the regime took almost two years to publish them. They finally appeared on May 5 in Official Gazette No. 39.
The legislation itself established that it would start to be applied 180 days after its publication. This deadline falls on November 1st.
The complete text of the laws and their regulations can be found in the .
For Cubans living outside the country, the most noticeable change is the permanent elimination of the old criterion of 24 months of residency abroad, which had been on hold since the COVID-19 pandemic. However, the new model introduces other conditions and maintains extensive powers for the Ministry of Interior regarding residency and migration movements.
CiberCuba explained in May the main consequences of these laws for Cuban Americans. Now, with the implementation just a few weeks away, here are the rules that are important to keep in mind.
The previous limit of 24 months has been definitively eliminated
For years, spending more than 24 consecutive months outside of Cuba had direct consequences on the immigration status of Cuban citizens.
The application of that limit was suspended during the pandemic and remained under moratorium afterwards. The new Migration Law definitively removes that criterion from the legal framework and establishes a new system to determine the residency of Cuban citizens.
Starting in November, there will be two main categories for Cuban citizens: resident in the national territory and resident abroad.
The last category includes those who usually live outside of Cuba, those who already have the status of emigrant, and those who obtain the special status of investors and businesspeople.
The legislation also establishes that Cuban citizens will retain their migratory status at the time the new law comes into effect, although they will be subject, when applicable, to the new regulations.
What happens to those who currently appear as emigrants?
The status of being an emigrant does not automatically disappear on November 1st.
Those who are already registered in that manner will maintain this status, but the new legislation allows them to request a change to the condition of resident abroad.
The Immigration Law Regulations state that this request can be submitted in writing to the Cuban consulate with jurisdiction in the country where the applicant resides.
Among the required documentation are the reasons for the application, criminal record, and information about the applicant's immigration movements.
What is the new effective migratory residence?
One of the central concepts of the reform is the so-called effective migratory residence.
It is used to determine when a Cuban citizen maintains their status as a resident in the national territory.
The Regulation stipulates that the Directorate of Identification, Migration, Foreign Affairs, and Citizenship, known as DIMEC, will recognize this status ex officio when a person accumulates more than 180 calendar days of stay in Cuba during the previous year.
This essentially means spending most of the year within the country.
There is also a route that takes more than 120 days in Cuba
Not reaching 180 days does not necessarily mean losing the possibility of having effective residency recognized.
The regulation allows for the request when a person accumulates more than 120 calendar days of physical presence in Cuba during the previous year and also provides other evidence of ties to the country.
Among the elements that can be evaluated are:
Family connections: marriage, common-law partnership, or relatives up to the first degree residing in Cuba.
Paid work activity in the country.
Participation or economic investment in Cuba.
Ownership of a home or legal status of the occupant.
Bank accounts regularly used in Cuba.
Compliance with tax obligations.
Property of other movable or immovable goods.
The Immigration Authority also retains the right to request additional evidence it deems necessary before making a decision.
There are exceptions for certain extended stays abroad
The law also includes a significant exception for certain Cubans who are already residents in the national territory.
Those who remain outside of Cuba for extended periods due to work, health, studies, or other similar reasons can maintain that status if they provide evidence of these circumstances to the Migration Authority.
Therefore, the criteria of 180 days or more than 120 days accompanied by evidence of ties should not be interpreted as an automatic rule that applies uniformly to all personal situations.
Having a house in Cuba is not enough on its own
This point deserves special attention for Cubans residing in the United States, Spain, and other countries who still own properties or have economic interests on the island.
Having a home, a bank account, or an investment can serve as proof of ties, but it does not solely replace the physical presence requirement established for applying for effective residency through this route.
The regulation establishes a minimum of 120 days of stay, accompanied by other connections that demonstrate a genuine intention to reside in Cuba.
The DIMEC will play a central role
The determination of effective residency is the responsibility of the Directorate of Identification, Migration, Foreigners, and Citizenship of the Ministry of the Interior.
The authority may recognize it on its own initiative or at the request of the interested party.
When a request based on residency is submitted, the authority has a period of 20 business days to issue a resolution and notify the interested party.
In addition, information on effective residency will be incorporated and updated in the so-called Single Citizen File.
Cubans with U.S. or Spanish citizenship remain Cubans within Cuba
The new Citizenship Law expressly recognizes that acquiring another nationality does not automatically result in the loss of Cuban citizenship.
But that does not equate to the full recognition of both citizenships within the national territory.
The regulation stipulates that while a person is in Cuba, they are governed by their status as a Cuban citizen and cannot use another citizenship to produce legal effects within the country.
This directly affects Cuban Americans, Cuban Spaniards, and other citizens with dual nationality.
In practical terms, holding a U.S., Spanish, or any other country's passport does not, by itself, eliminate the obligations that Cuba imposes on individuals who remain Cuban citizens.
The Cuban passport remains crucial
The Migration Law establishes that Cuban citizens must have a valid passport or equivalent document to enter or exit the national territory.
On the other hand, the Citizenship Law stipulates that Cubans residing abroad can prove their citizenship in Cuba by means of a Cuban passport.
People with dual citizenship will not be able to simply choose to use their other nationality to evade the Cuban legal regime while they continue to be citizens of the island.
The immigration documents and passports issued before the enforcement of the new law will remain valid until the expiration date for which they were issued.
Law 172 establishes a procedure for renouncing Cuban citizenship
Law 172 establishes a specific procedure for requesting the renunciation of Cuban citizenship.
To do this, the person must be over 18 years old, hold another citizenship, be abroad, have no financial liabilities with the Cuban state, and not be serving a sentence or being pursued criminally.
The application must be submitted from abroad to the corresponding Cuban consulate.
Among the required documents are an affidavit, certification of the other citizenship, proof of residence in the country where the procedure is being carried out, and a criminal record check.
Requesting a resignation does not mean that Cuba has to accept it
The decision does not solely depend on the will of the citizen.
The law explicitly states that the resignation only takes effect when it is accepted by the competent Cuban authority through the corresponding declaration.
Therefore, submitting the documentation does not automatically make the person a foreigner in Cuba.
Until there is a formal decision, he/she continues to be treated legally as a Cuban citizen.
The state may also revoke citizenship in certain cases
The new legislation is not limited to regulating voluntary resignation.
It also allows the State to revoke Cuban citizenship from certain individuals who are abroad.
Among the causes is the enactment of acts that authorities consider contrary to the "high political, economic, and social interests of the Republic of Cuba".
In ordinary proceedings, the law further requires that the grounds be deemed proven and that the person holds another citizenship or does not effectively reside in Cuba.
However, the legislation itself allows for bypassing the usual formalities of the file when authorities cite a serious harm to national security, state stability, international relations, or the overall health of the population.
The independent human rights organization Cubalex has questioned the breadth of this formulation and warns about the wide margin of discretion it grants to the State in decisions related to citizenship and political dissent.
The new law does not eliminate the exit prohibitions
One of the most sensitive aspects of the new framework is that it retains numerous reasons that can prevent a person from leaving Cuba.
Law 171 includes, among other things:
Judicial processes or precautionary measures.
Outstanding criminal sanctions.
Obligations related to Military Service.
Reasons of Defense and National Security.
Debts or obligations to the State.
Preservation of a skilled workforce.
Protection of official information.
"Other reasons of public interest" determined by the authorities.
This last category allows for a particularly broad margin of administrative discretion.
Cuba may also restrict the entry of its own citizens
The Migration Law expressly regulates the possibility of exceptionally denying entry to Cuban citizens.
The causes include Defense, National Security, Domestic Order, public order, exceptional situations, and other circumstances that the authorities consider a serious threat to the population.
The regulation therefore upholds a reality that has affected for years opponents, activists, independent journalists, and other Cubans whom the regime has barred from entering or leaving the country through administrative decisions.
What really changes on November 1st?
For a Cuban living in Miami, Madrid, or another city abroad, the main points can be summarized as follows:
The previous limit of 24 months outside Cuba has been definitively removed from the legal framework, after years during which its enforcement remained suspended.
The category of resident abroad will be consolidated.
Current emigrants will be able to apply for residency abroad.
Residence within Cuba will depend on effective migratory residence.
More than 180 days in Cuba allow that residency to be recognized automatically.
It can also be requested with more than 120 days and proven ties.
The legislation includes exceptions for certain prolonged stays abroad due to work, health, study, or other similar reasons.
Having another citizenship does not eliminate the status of being Cuban within the island.
The renunciation of citizenship will undergo a specific legal procedure, but it requires state approval.
The authorities maintain broad powers to restrict entry to and exit from the country.
What should be reviewed before November 1st?
Those planning to travel to Cuba or undertake a residency process should verify the validity of their passport and their current immigration status.
Cubans who are classified as emigrants and wish to transition to residents abroad should consult the relevant consulate for the procedure that will be implemented under the new framework.
Those seeking to demonstrate effective residency through established ties should retain documentation regarding housing, family, employment, investments, bank accounts, and tax obligations in Cuba.
It is also important to differentiate between the changes that relax certain aspects of the relationship with the diaspora and the control powers that remain intact or are now explicitly regulated.
On November 1, the old legal framework based on the 24-month limit is definitively left behind, but the reform does not eliminate the political and administrative control of the Cuban state over who can enter, who can leave, and under what immigration conditions they can maintain legal ties with the island.
Filed under: