Cuban residency and citizenship: What should I know about the new Immigration Law?
This week, Lieutenant Colonel Roilán Hernán del Concepción addressed several topics related to the draft laws on Immigration and Immigration in Cuba, including Cuban residency and the loss of property.
Residence and rights
The lieutenant colonel mentioned that the rights related to residence in Cuba are clearly established in the Constitution.
He explained that according to article 52, Cuban citizens have the freedom to enter, stay and leave the national territory at their own discretion. These immigration rights are also developed in the law and later in the corresponding regulations:
“People enjoy all the rights established by the Constitution of the Republic. Article 52 of the Constitution establishes that Cubans have the freedom to enter, stay and leave the national territory.”
Regarding property rights, he assured that the immigration law does not affect these constitutional rights:
“The issue of property rights… the law has no direct relationship with the exercise of those rights… from the immigration point of view it does not have any application that could affect the exercise of those constitutional rights.”
Patrimonial Rights
Likewise, the lieutenant colonel clarified that the new law does not affect the property rights of Cubans residing abroad, reiterating that the modifications introduced in 2012 already allowed Cubans to decide about their assets.
“In the immigration order it does not have any impact on Cubans residing abroad. “Since 2012, the projection that Cubans would decide about their assets was introduced.”
The emigration status is eliminated
The proposed law also eliminates the status of immigrant, allowing those who already have this condition to change their status to residents abroad:
“The condition of emigration is not to be completely repealed. Once the law comes into effect, it will not allow this immigration status to increase. “People who until now have had that immigration status will continue to have it, unless they exercise the right to change it, to request the change from emigrated to resident abroad.”
Effective citizenship
On this point, he explained that, according to article 36 of the Constitution, Cubans do not lose their citizenship by acquiring another, but they must act as Cuban citizens while they are in the national territory.
“Article 36 of the Constitution of the Republic… establishes that Cubans do not lose Cuban citizenship for having another one. Of course, while they are in the national territory, they must act as Cuban citizens. Therefore, they must identify themselves with the Cuban passport.”
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