Starting this Sunday, November 1, 2026, Cuba is changing its immigration rules that affect its citizens both on the island and abroad. The new framework eliminates the previous 24-month limit for those outside the country and introduces effective migration residency to determine who maintains the status of resident in the country.
The Immigration Law 171, the Citizenship Law 172, and the Foreigners Law 173 come into effect, along with the regulatory provisions published in the . Their provisions set a timeframe of 180 days following the publication for implementation to begin.
For Cubans living in the United States, Spain, or other countries, the change in migration rules announced for this November impacts residency, consular procedures, and citizenship. The coming into effect does not require the replacement of a valid passport nor does it automatically change the immigration status that each person held up until now.
The limit of 24 months outside of Cuba is lifted
The new framework sets aside the criterion that linked a continuous stay of more than 24 months abroad with the status of emigrant. Its implementation had been suspended for years through a moratorium.
The Migration Law now distinguishes between two categories for Cuban citizens: those residing in the national territory and those residing abroad. The latter includes those who habitually reside outside the country, those who already held the status of emigrants, and those who obtain the status of investors and businesspersons.
The first transitory provision states that citizens retain their immigration status upon the law's entry into force, although they will be subject to the new regulations as applicable. Therefore, removing the 24-month limit does not automatically grant residence in Cuba to all those living abroad.
How many days must one spend in Cuba to establish effective residency?
The Decree 136, the regulation of the Immigration Law, states that the Directorate of Identification, Migration, Foreign Affairs, and Citizenship (DIMEC), under the Ministry of the Interior, shall determine, ex officio, effective residency when there are accumulated more than 180 calendar days of stay in Cuba during the year preceding the evaluation. These are accumulated days, not a single uninterrupted stay.
For those who have residence in the national territory and do not reach that threshold, the regulation includes a request for residency by roots. This option requires more than 120 days of physical presence during the previous year, as well as demonstrating other ties to the country.
Article 48 stipulates that it is necessary to jointly establish ties of marriage, de facto union, or first-degree kinship with Cubans or permanent residents who have effective residence in Cuba; engage in paid employment; and participate in or invest economically in the country. It also allows for the combination of two of these three elements with the requirements of housing or domicile, regularly used bank accounts, and compliance with tax obligations. Simply having a house or a bank account does not guarantee recognition.
The application is submitted to the relevant processing offices, and the authority has 20 business days from its receipt to make a decision and notify. They may require additional documentation before reaching a decision.
There are also exceptions: residents of Cuba who stay abroad for extended periods due to work, health, studies, or other similar reasons can maintain that status if they provide evidence of the circumstances to the Immigration Authority.
What should those who are still listed as emigrants do?
The status of emigrant does not automatically disappear on November 1st. Those who already hold this status can apply for a change to the status of resident abroad, which is a different process from the recognition of residence within Cuba.
The application must be submitted in writing to the Cuban consulate with jurisdiction in the country where the applicant resides. The regulation requires an explanation of the reasons, the submission of criminal records from the country of residence, and documentation of migration movements and the means of exit from Cuba. It also includes a sworn declaration before a notary or consul when this information is not available in the DIMEC systems.
The Migration Authority has 90 working days from the submission of the application to respond with a resolution. After that, it has up to 30 working days to notify the interested party.
Passport and dual citizenship: what changes when traveling to Cuba
Passports and travel documents issued before the reform remain valid until their expiration date. The enactment of the laws does not require their renewal for that sole reason.
As a general rule, to enter or exit Cuba, Cuban citizens must have a valid Cuban passport or an equivalent document. Holding a US, Spanish, or other foreign passport does not exempt them from this requirement on its own.
The Citizenship Law establishes that acquiring another citizenship does not result in the loss of Cuban citizenship. As long as the individual is on the island, the authorities consider them Cuban and they cannot invoke the other citizenship to produce legal effects in the country.
What does the law say about the properties of those who live abroad?
Article 31 of the Migration Law recognizes the right of Cuban citizens residing abroad to use, enjoy, and dispose of their property in accordance with applicable legislation.
Renouncing citizenship requires state approval
Law 172 regulates the application for renouncing Cuban citizenship from abroad. Among its requirements are being over 18 years old, verifying another citizenship, not having any financial debts with the Cuban State, and not serving a sentence of imprisonment or an alternative penalty, nor being pursued for a crime in Cuba or abroad.
The procedure is submitted to the Cuban consulate in the country of residence. The resignation only takes effect when the competent authority accepts it and issues the corresponding statement; submitting the application does not automatically turn the applicant into a foreigner in relation to Cuba.
Restrictions on entering and exiting the country remain in place
The reform maintains extensive powers for the Cuban regime to control the movements of its citizens. Articles 97 and 98 of the Migration Law allow for the prevention of departures or the exceptional limitation of entries for reasons that include national security and public order or interest.
The human rights organization Cubalex has questioned the discretion of these provisions and their impact on activists, independent journalists, and other Cubans excluded from national territory. It has also warned about the grounds that allow the deprivation of citizenship for acts conducted from abroad that the State deems contrary to its political, economic, and social interests.
To understand individual immigration status, the regulations provide for consultations at the processing offices of the DIMEC and at the corresponding Cuban consulates. Anyone intending to change their status or certify an exception must submit the application and the relevant documents for their case.
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