What does the draft of the Migration Law bring new? (II and final) › Cuba › Granma

What does the draft of the Migration Law bring new? (II and final) › Cuba › Granma
What does the draft of the Migration Law bring new? (II and final) › Cuba › Granma

One of the phenomena that has historically marked Cuban families is migration. There is in-depth and up-to-date research that analyzes the causes, conditions and repercussions of its impact on our society, from long before the revolutionary triumph of 1959 to the present.

The present proposal for a Migration Law, when presented for evaluation in the different Legislative Capacity Groups, sparked extensive debates, as part of which those related to effective immigration residence gained greater strength; the powers, functions and powers vested in the State and the Government; the Cuban Immigration System; and the definition and levels of approval of the Migration Policy.

Granma shares, in this second installment on the legislation, other details of interest, as part of the approach to its fundamental aspects.

What rights do foreigners have in Cuba?

Every resident foreigner who is in the national territory has the right and duty to comply with the provisions of the Constitution of the Republic of Cuba and other legal regulations, as well as the obligation to abide by them.

Permanent Residents can reunify their original family, with their children, spouse, the minor children of the spouse or de facto partner with notarial instrumentation or judicial recognition and their registration and parents, all foreigners.

Those who have Provisional and Humanitarian Residence, and those admitted to Cuba under temporary protection, have the right to health, work, social security, education, access to justice and family reunification, during the authorized term of residence and in accordance with the regulations. that are established in this Law, in the Immigration Law and in the corresponding regulations.

Foreigners residing in Cuba, before definitively leaving the country, are obliged to arrange the destination of their movable and immovable property in favor of the people they determine, to dispose of them or leave them under the care of a natural or legal person authorized to manage them. or sell them. The Cuban State is not responsible for the protection or care of these assets.

In the case of non-residents, the right to protection of their person and property is conceived; to receive the information they require during their stay in the country; access to justice and health; to change immigration classification or subclassification; to request the Immigration Authority to authorize them to carry out activities not provided for in the visa they hold.

Who can apply for the Cuban Visa?

They can be requested by the foreign natural person or their designated representative; travel agencies or tour operators; the consular representations of the Republic of Cuba abroad; the State bodies; the agencies of the Central Administration of the State and its subordinate or attached entities; the structures of the provincial Administration and its dependencies; and associative-based organizations of a professional nature and with public purposes.

Foreigners, to enter the national territory, must have the necessary visas, those required to return to the country of origin or continue their trip to a third country, except those who come from the country of origin, or from countries with which Cuba has signed Visa Exemption agreements, in relation to the passports included in the Treaty in question, as well as the corresponding tickets, or deposit a deposit, of their own money, sufficient to cover the amount.

A foreigner who submits a visa application and is denied may repeat his or her request six months after the previous application.

What is established to enter and leave the national territory?

Entry and exit from the national territory is carried out through international ports and airports enabled for international passenger traffic.

Cuban citizens and foreigners, to leave or enter the national territory, must have a valid passport; or equivalent document issued in your name, and identification card; or minor card as Temporary, Permanent, Real Estate, Humanitarian or Provisional Resident; or an entry visa, unless they are citizens of a country that, by virtue of an Agreement signed by Cuba, are exempt from meeting this requirement.

What happens when the requirements for entry or exit from the country are not met?

Each passenger, crew member, maritime or air vessel that is not verified or inspected upon entry, may be considered disembarked, and be subject to the prohibition of entry into the country, and the corresponding reboarding measure.

Captains, agents or consignees of maritime or air vessels that enter or leave the national territory, without complying with the requirements or procedures of the clearance and inspection by the immigration authority, incur an infraction that may be sanctioned by the immigration authority.

What can limit entry or exit from the national territory?

A foreigner who has a record of acts of terrorism, human trafficking and illicit smuggling of migrants, drugs or substances with similar effects, money laundering, illegal carrying and possession of weapons or other internationally prosecutable acts is inadmissible.

It is also limited to those that are linked to harmful acts against humanity, human dignity, collective health or prosecutable under international treaties to which Cuba is a Party; organize, stimulate, carry out or participate in hostile actions against the political, economic and social foundations of the Cuban State; among other.

A person who is in the national territory cannot leave the country while subject to or pending criminal proceedings; is subject to compliance with the provisions on the provision of Military Service; when reasons of Defense and National Security so advise; have obligations with the Cuban State or civil liability, among others.

What immigration measures does the Law establish?

The measures included in the law are reboarding, deportation and expulsion, warning (aimed at preventing and alerting foreigners), control by the Immigration Authority, cancellation of immigration classification, limitation of movements in the national territory , the prohibition to stay or visit certain places, and fines.

What are the functions of the immigration police?

Its objective is to guarantee compliance with the provisions of this Law, the Immigration Law, its respective regulations and complementary regulations. The immigration police establish preventive functions; migrant care; protection of her rights; social discipline and public order; as well as to contribute to guaranteeing the execution of the resolutions and decisions of the courts of justice, and the immigration authorities in relation to foreigners.

It also acts in the event of any violation of immigration and immigration legal provisions incurred by foreigners who are in the country; except when it comes to diplomatic, consular personnel and international organizations accredited in the country, in accordance with what is established in international conventions, to which Cuba is a Party.

How do you obtain a Cuban passport and what are the benefits abroad?

Cuban citizens can obtain a current passport and acquire another due to expiration, loss, deterioration, exhaustion of its pages or any modification of the holder’s identification elements.

If they remain uninterruptedly abroad, for a period longer than that authorized by the Citizenship Law to maintain the status of Cuban citizen, they lose the right to request or obtain another passport; However, Cuban citizens residing abroad, who upon entering the national territory have an expired Cuban passport or whose pages have been exhausted, may request the issuance of a new document.

The Cuban passport empowers the legitimate bearer to request the help and protection of the diplomatic and consular officials of the Republic of Cuba accredited abroad, to which he or she is entitled as a citizen.

For Cuban citizens residing abroad, it is admitted as a valid identity document in the national territory, when its owner is in Cuba.

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