The future Immigration Law, whose approval by the Cuban parliament is scheduled for this year, promises to fulfill a long-standing desire of Cubans: to eliminate the limit of 24 months of stay abroad to reside on the island.
Even though this limit is currently “frozen” thanks to a moratorium in force since the pandemic, the new law ― published this Monday by the National Assembly as a preliminary step to its parliamentary support ― would be responsible for giving it the final thrust.
The new regulation, which comes to light even as a legislative draft, introduces the concept of “effective immigration residence” and seeks to offer “immigration solutions that contribute to the insertion of Cubans into the new economic model.”
According to the 65-page text published together with the draft Law on Aliens, “the time of stay of 24 months abroad and the designation of migrant, for this reason, are eliminated, based on the new definition of effective immigration residence.”
In its foundation, it points out that, in accordance with “the best international practices,” it provides “treatment of Cubans, when they are in the national territory, similar to that of Cuban residents, except in those aspects that the Law establishes otherwise.”
Furthermore, in its first article, the new law establishes as its object “to regulate the Cuban migratory process, under a systemic condition of development,” while stating that it is aimed at “achieving regular, orderly and safe migration, according to what is established in the Constitution.”
#Cuba | Disponibles para la población proyectos de leyes de Extranjería y de Migración
Proyecto de ley de Extranjería (PDF) (https://t.co/tTccqGoBzc)
Proyecto de ley de Migración (PDF) (https://t.co/SXjxSMFnu8) #CubaLegisla #PoderPopular https://t.co/sNmFFOF7vR
— Asamblea Nacional Cuba (@AsambleaCuba) June 17, 2024
Effective immigration residence and foreigners
Regarding the concept of “effective immigration residence,” the published draft explains that it is “the condition reached by Cuban citizens and resident foreigners, when they remain during each calendar year, before the date on which it is certified, most of their time in the national territory.”
It could also be achieved “through a combination of a period of permanence and other material evidence that demonstrates roots in the country.”
Based on the above, the legislation establishes that Cubans can be residents in the national territory ― who in turn can be effective or temporary residents ― or abroad. Each category has its particularities and prerogatives, regulated by law.
Likewise, the law establishes the immigration categories and classifications of foreigners, while explaining that those born on the island who renounce Cuban citizenship, once this is approved, will be “considered foreigners and consequently are subject to what is established in this Law, the Law on Aliens and their respective regulations.”
Those who do so “cannot identify themselves in Cuba as Cuban citizens, and for the purposes of entry to and exit from the country are subject to the presentation of the corresponding foreign passport, a visa requirement, and the corresponding travel documents.”
The regulation also establishes the immigration rights of Cuban citizens and foreigners, regulates the procedures, the passport, and the conditions for entry to and exit from the national territory.
In addition, it includes a title dedicated to human trafficking and migrant smuggling and another on immigration measures and sanctions.
Publication for consultation
Both the Immigration Law and Law on Aliens drafts were published this Monday on the National Assembly website “with the aim of promoting citizen participation and contributing to legal culture,” official media reported.
“To this end, the legislative body included on its official website the texts of both drafts, as well as two emails through which interested parties can express criteria and suggestions on these topics,” Cubadebate reported.
Previously, the National Assembly also recently published draft laws on Transparency and Access to Public Information, Administrative Procedure, and the System of Honorary Titles and Decorations of the Republic of Cuba.
“These legislative proposals will be submitted for analysis and discussion by the deputies, with a view to their timely presentation in the Cuban Parliament,” the official information concluded.
In previous years, the Cuban authorities have done the same with other laws already approved. However, it is not clear in all cases what feedback has been received from the population, and to what extent the suggestions and comments received have been taken into account.
