MIAMI, Florida – Several weeks after the publication of the draft Immigration Law in Cuba, doubts abound among Cubans abroad, especially those who repatriated to establish businesses or who, residing in South Florida, own properties in the island.
The many terms used in the law have generated considerable confusion, in addition to the presence of outdated immigration definitions in other laws such as the housing law.
One of the most basic aspects of the new law is the definition of “residents abroad.” According to Cuban lawyer and collaborator of “El Toque”, Eloy Viera, the category will include all those who do not live in Cuba more than 6 months a year. Viera points out: “the immigration authorities will evaluate the length of residence in Cuba at the end of December of each year. “Those who have not lived in Cuba for most of the year will automatically be considered residents abroad.”
This is a modification with massive impact. Hundreds of thousands of Cubans have left the island in recent years, many of whom still own property in Cuba. The current housing law only mentions the confiscation of properties of owners who have permanently left the country. Viera points out: “Today the category that is used to say ‘you cannot have vehicles, you cannot have assets’, no longer exists. It has been repealed by the legislation itself, which is the category of emigration and definitive departure from the country, and that is out of use since they eliminated carte blanche.”
However, as long as it is not specifically regulated, there is room for uncertainty, since the property law does not mention “residents abroad.”
IMPACT ON REPATRIATED ENTREPRENEURS
Viera highlights: “Where do I think they are going to maintain filters between residents and non-residents? “In those people who want to go and start businesses in Cuba.” The bill also refers to another category: that of Cuban residents abroad, “investors or business owners,” who until now have used the 24-month window. For them, Viera clarifies: “That is where I think it is very clear because the rules of SMEs and cooperatives say that to be a member, you need to be a resident in the national territory.”
DEADLINE FOR ENTRY INTO FORCE
The bill will be put to a vote in Cuba’s unicameral parliament in July. It must subsequently be published in the Official Gazette and only from that moment the 180-day period for its entry into force will begin to run.
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