How much may Cuba have changed in its relationship with the world in 48 years? The openings in terms of foreign investment, tourism and links with descendants of Cubans who do not carry our nationality illustrate how much, in almost half a century, Cuban society has been transformed even when, as in this case, the updates of some regulations have “walked” more slowly.
With a series of measures to regulate the situation of foreigners in the country, the Draft of the Immigration Law comes to settle a debt that dates back to 1976, when the current legislation came into force, by leaving for granted the new powers of the Immigration Authority, as well as immigration measures and sanctions, and everything related to the Foreigners and Immigration Registry.
The project was consulted with different entities, and received mostly favorable responses, with some observations that were incorporated. It consists of vii titles, 16 chapters, 11 sections and a total of 92 articles, in addition to transitional, special and final provisions.
The current version, already evaluated by the Council of Ministers that approved exercising the legislative initiative and presenting it to the National Assembly of People’s Power for its consideration, is now available to citizens for debate on the Cuban Parliament website.
These are some elements that stand out in the document.
What is the objective of the Immigration Law and to whom does it apply?
Its objective is to regulate the care, protection, identification and legal documentation of foreigners who visit or reside in the country, as well as the process of social insertion of residents; Therefore, it applies to all foreigners in the national territory and to those who travel to any other country under any of the immigration classifications held by resident foreigners.
It is also responsible for Cuban diplomatic or consular representations or other authorized offices, and legal entities that participate in the Cuban immigration system.
The legislation explains that foreigners must respect and comply with the provisions of the Constitution of the Republic of Cuba and other current regulatory provisions, observe and abide by the rules of coexistence, as well as the traditions and customs of the Cuban people.
The exercise of your rights is limited for reasons of Defense and National Security, public order, health, exceptional and disaster situations, and due to force majeure, with prior approval from the competent authorities.
What does the immigration process and admission policy in the country consist of?
The immigration process is the comprehensive system that ensures the care and protection of foreigners, which includes interrelated actions ranging from admission, entry, registration, information, permanence, transit, residence, protection, rights, guarantees, obligations to the return to their country of origin or previous residence.
The foreign admission policy, for its part, is aimed at ordering and approving the entry of foreigners into the country, in accordance with the immigration classification, national interests and the current employment policy. The income is aligned with national interests and the law.
In addition, the policy seeks to promote the agreement of international legal instruments with destination countries for Cuban migration and with the main countries that send immigration to Cuba.
Likewise, it is responsible for directing collaboration and international exchange with international organizations and non-governmental organizations related to migratory movements or population mobility.
A crucial aspect is attention to irregular migration, considered a priority, in order to detect and serve foreign migrants, victims of human trafficking and migrant smuggling.
What is the Immigration Authority in charge of?
The Ministry of the Interior, through the Directorate of Identification, Migration, Immigration and Citizenship, together with the territorial immigration bodies deployed throughout the country, forms the Immigration Authority in the national territory.
Among the powers are the provision, execution and supervision of measures related to the identification, conduct, entry, care, custody and surveillance of foreigners.
What rights and duties do foreigners have?
The rights of girls, boys and adolescents established by national legislation and international standards of application, non-discrimination, due process, human rights, as well as human dignity as the supreme value on which they are based, are respected.
Additionally, the care and protection of the rights of migrants in situations of disabilities, the treatment of individual immigration, the assurance of information in a language that the foreigner understands or understands, and consular assistance, the exercise of activities provided for in the immigration classification they hold, and have adequate living conditions, while they remain in the Immigration Center for Foreigners.
What are the conditions to stay in Cuba?
The conditions of stay are the activities that non-resident foreigners are authorized to carry out; while the conditions of residence refer to those that resident foreigners can carry out.
Both processes are authorized by the Immigration Authority, which can also cancel or revoke them under circumstances provided for by law. A foreigner whose stay is canceled or whose residence is revoked must leave the country within a certain period or period, which may be extended.
Resident foreigners, upon entering the country and within a period of ten calendar days, must register in the Foreigners and Immigration Registry.
What is established regarding the work permit?
Foreigners with the immigration classification of Temporary Resident and Real Estate or Humanitarian Resident must have prior approval to carry out professional or work activities of any type, which is issued by the Immigration Authority as the case may be, and the work permit, which is granted the Ministry of Labor and Social Security.
However, provisional and permanent residents do not require any authorization and are governed by the Labor Code in force in Cuba.
Foreigners sanctioned to correctional work without confinement, to limitation of freedom or who have the sanction conditionally remitted, and those who are on conditional release or extra-penal license, do not require a work permit to carry out work activities during the time that the sanctions expire. to which they are subject.
What are the so-called “residence conditions” based on?
The Immigration Authority verifies that they carry out their activities in accordance with the immigration classification or subclassification with which they are in the country, that they have the corresponding identification document and the necessary information related to their rights.
Every foreigner who is in the national territory is obliged to carry, permanently: identity card; or provisional identity card of the foreigner; and passport or equivalent document.
Hotel administrations and non-state economic actors authorized to rent must maintain a Registry of Foreign Guests, and are obliged to inform the corresponding office of the Immigration Authority of the additions and deletions of the aforementioned registry, even if they occur. before 24 hours from the rental of the foreigner.
Can a foreigner be tried in Cuba?
Yes. When the prosecutor or the competent Court of Justice decides to impose, revoke or modify the precautionary measure of provisional detention on a foreigner, it is immediately communicated to the Immigration Body and the corresponding Immigration Authority, regarding its conditions of stay or residence, and the immigration classification that it must hold from now on.
The same procedure applies when an alternative sanction to that of deprivation of liberty is issued, provides for the conditional remission of a sanction of deprivation of liberty or grants any benefit that implies the release of the sanctioned foreigner.
What does expulsion or deportation from Cuba imply?
Expulsion or deportation means the loss of your immigration classification and removal from the Foreigners Registry; and may include the complementary application of a measure limiting entry to the country of those established in the Migration Law.
The administrative measures and sanctions provided by the Immigration Authority are coordinated by this body with the Migration Authority at the border, for the purposes of their application.
