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Immigration Officials Explain New Migration and Foreign Residency Legislation

Thursday, June 20, 2024 by Abigail Marquez

The new Migration and Foreign Residency legislation projects, recently presented by the National Assembly of People's Power (ANPP), aim to "promote citizen participation and contribute to the legal culture" of Cubans, as explained by immigration officials on a Cuban television program.

The officials clarified several aspects that have raised questions among the population, including new concepts introduced within the legislation. One of these is the concept of effective migratory residence, considered a novel idea in this project. Colonel Roberto Aguilera Puig, Chief of the Border Unit in the Directorate of Identification, Immigration, and Foreign Residency, broadly explained that this term refers to individuals who maintain sustained ties with the country, either through prolonged stays or by owning property in the nation.

Key Changes and Public Interest

One of the most discussed topics among the population is the 24-month stay limit for Cubans abroad. "That is a term that has become obsolete in practice," stated Lieutenant Colonel Roilán Hernández Concepción, head of the Legal Advisory Department of the Ministry of the Interior. According to the official, some Cubans travel once or twice a year, while others do so only once every two years, highlighting the need to determine where Cubans truly reside.

“Therefore, under the new regulation proposing effective residence, the 24-month limit will no longer apply. This new law will abolish it, and from this moment on, the period of effective residence will be the new legal standard,” the officer announced.

Lieutenant Colonel Hernández clarified that although there is no time limit for Cuban residents abroad to spend time in Cuba, other laws will regulate property rights. This marks an evolution over time from 90 days, to 180 days, and now to indefinite stays on the island.

Since the ANPP published its legislative projects on its website last Monday, the points addressed by these MININT officials have garnered significant attention.

According to the description of the Migration Law project, the regime claims that the text has been designed with a systemic development approach to achieve a regular, orderly, and safe flow. The government intends to "offer migratory solutions that facilitate the integration of Cubans into the new economic model."

Meanwhile, the Foreign Residency Law project aims to regulate the attention, protection, identification, and legal documentation of foreigners who visit or reside in Cuba.

Watch the program:

Frequently Asked Questions about New Migration and Foreign Residency Laws

The introduction of new migration and foreign residency laws in Cuba has prompted numerous questions from the public. Here we address some of the most common inquiries.

What is effective migratory residence?

Effective migratory residence refers to individuals who maintain sustained ties with Cuba, either through prolonged stays or by owning property in the country.

Is the 24-month stay limit for Cubans abroad still applicable?

No, the new legislation proposes abolishing the 24-month stay limit in favor of the period of effective residence, which will become the new legal standard.

How will property rights be regulated under the new laws?

Although there is no time limit for Cuban residents abroad to spend time in Cuba, other laws will regulate property rights, marking a shift from previous regulations.

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