From November 1, 2026, the immigration rules that Cuba applies to its citizens both within and outside the island will change significantly.
On that day, the new Law 171 on Migration, Law 172 on Citizenship, and Law 173 on Foreigners 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 5th in Official Gazette No. 39.
The legislation itself stipulated that it would start to take effect 180 days after its publication. This deadline falls on November 1st.
The full text of the laws and their regulations can be found in the .
For Cubans living outside the country, the most evident change is the definitive elimination of the previous criterion of 24 months of residency abroad, which had been in abeyance since the COVID-19 pandemic. However, the new model introduces additional conditions and retains broad powers for the Ministry of the 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 old limit of 24 months is permanently eliminated
For years, remaining outside of Cuba for more than 24 consecutive months had direct consequences on the immigration status of Cuban citizens.
The application of that limit was suspended during the pandemic and subsequently remained in moratorium. The new Migration Law definitively removes that criterion from the legal framework and establishes a new system for determining 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.
This last category includes those who usually live outside of Cuba, those who have already obtained the status of emigrants, and those who acquire special status as investors and businesspeople.
The legislation also stipulates that Cuban citizens will retain their migration status at the time the new law comes into effect, although they will be subject, where applicable, to the new regulations.
What happens to those who currently appear as emigrants?
The status of emigrant does not automatically disappear on November 1st.
Those who are already registered in that manner will maintain that status, but the new legislation allows them to request a change to the status of resident abroad.
The Regulation of the Immigration Law stipulates that this application can be submitted in writing to the Cuban consulate with jurisdiction in the country where the interested party resides.
Among the required documentation, the reasons for the application, criminal records, and information about the individual’s migration movements are included.
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 residency status in the national territory.
The Regulations state that the Directorate of Identification, Migration, Foreigners, 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 effectively means spending most of the year within the country.
There is also a route with over 120 days in Cuba
Not reaching 180 days does not necessarily mean losing the possibility of recognizing effective residency.
The regulations allow for the request to be made when the individual has accumulated more than 120 calendar days of physical presence in Cuba during the previous year and also provides other evidence of ties.
Among the elements that can be assessed are:
Family ties: 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 an occupant.
Bank accounts regularly used in Cuba.
Compliance with tax obligations.
Property of other movable or immovable goods.
The Immigration Authority also retains the power to request additional evidence that 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 for reasons of work, health, studies, or other similar causes can maintain that status if they provide evidence of those circumstances to the Migration Authority.
Therefore, the criteria of 180 days or more than 120 days accompanied by proof of ties should not be interpreted as an automatic rule applicable in the same way 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 hold properties or economic interests in the island.
Having a home, a bank account, or an investment can serve as evidence of ties, but it does not alone fulfill 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 intent 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, Foreign Affairs, 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 residency application based on roots is submitted, the authority has a period of 20 business days to issue a resolution and notify the applicant.
In addition, information regarding effective residency will be incorporated and updated in the so-called Single Citizen File.
Cubans with U.S. or Spanish citizenship remain Cuban 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 states 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-Spanish individuals, and other citizens with dual nationality.
In practical terms, holding a U.S., Spanish, or other country's passport does not in itself eliminate the obligations that Cuba imposes on those who remain Cuban citizens.
The Cuban passport remains essential
The Immigration Law stipulates that Cuban citizens must have a valid passport or equivalent document to enter or leave the national territory.
On the other hand, the Citizenship Law provides that Cubans residing abroad can verify their citizenship in Cuba using their Cuban passport.
People with dual citizenship will not simply be able to choose to use their other nationality to evade the Cuban legal system while they remain citizens of the island.
Migratory documents and passports issued before the enactment of the new law will remain valid until their expiration date.
Law 172 establishes a procedure for renouncing Cuban citizenship
Law 172 establishes a specific procedure for applying for renunciation of Cuban citizenship.
To do so, the individual must be over 18 years old, hold another citizenship, be outside the country, have no financial debts with the Cuban government, and not be serving a sentence or facing criminal prosecution.
The application must be submitted from abroad to the corresponding Cuban consulate.
The required documents include 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 the 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 accepted by the competent Cuban authority through the appropriate declaration.
Therefore, submitting the documentation does not automatically make a person a foreigner in Cuba.
Until a formal decision is made, he/she continues to be treated legally as a Cuban citizen.
The State may also revoke citizenship in certain cases
The new legislation does not limit itself to regulating voluntary resignation.
It also allows the State to revoke Cuban citizenship from certain individuals who are abroad.
Among the reasons is to engage in acts that the authorities consider contrary to the "highest political, economic, and social interests of the Republic of Cuba".
In ordinary proceedings, the law also requires that the cause be deemed proven and that the person holds another citizenship or does not actually reside in Cuba.
However, the legislation itself allows for the bypassing of the ordinary formalities of the file when authorities claim a serious detriment to national security, state stability, international relations, or the general 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 restrictions
One of the most sensitive aspects of the new framework is that it retains numerous reasons that allow for preventing a person from leaving Cuba.
Law 171 encompasses, among other things:
Judicial processes or precautionary measures.
Pending 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 particularly broad administrative discretion.
Cuba may also restrict the entry of its own citizens
The Immigration Law explicitly regulates the possibility of exceptionally denying entry to Cuban citizens.
Among the causes are Defense, National Security, Internal Order, public order, exceptional situations, and other circumstances that authorities consider to pose a serious danger to the population.
The regulation thus maintains a reality that has affected for years opponents, activists, independent journalists, and other Cubans whom the regime has prevented 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 former limit of 24 months outside of Cuba has been permanently removed from the legal framework, following years during which its implementation remained suspended.
The category of resident abroad will be consolidated.
Current emigrants will be able to apply for residency abroad.
Residency within Cuba will depend on the actual migration residency.
More than 180 days in Cuba allows that residency to be recognized automatically.
With over 120 days and established ties, it can also be requested.
The legislation provides exceptions for certain extended stays abroad due to work, health, studies, or other similar reasons.
Having another citizenship does not eliminate the status of being Cuban within the island.
The renunciation of citizenship will have a specific legal procedure, but it requires state approval.
Authorities maintain broad powers to restrict entry and exit from the country.
What should be reviewed before November 1st?
Those planning to travel to Cuba or engage in residency procedures should verify the validity of their passport and their current immigration status.
Cubans who are emigrants and wish to become residents abroad should consult with the relevant consulate about the procedure that will be implemented under the new framework.
Those seeking to demonstrate effective residence through residency should keep 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 a 24-month limit will be definitively left behind, but the reform does not eliminate the political and administrative control of the Cuban State over who can enter, who can exit, and under what migratory conditions they can maintain legal ties with the island.
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