Please note: For all categories below, analysis is done with the assumption that the birth has been registered, as required by section 2(2) of the South African Citizenship Act. Cuba The Cuban government views certain citizens as ‘permanent emigrants’ if they have left Cuba for over 11 months, now 24 months under recent changes to the law in 2013. Professionals who leave the country can also become 'permanent emigrants,' such as doctors, engineers and other highly skilled workers. ‘Permanent emigrants’ face significant barriers in passing on their nationality/citizenship to their children born outside Cuba. Cuban clients have reported to LHR that some Cuban emigrants who are aware of these problems go back to Cuba to give birth. According to LHR clients and also public information, permanent emigrants cannot enter Cuba for more than 1 month at a time. They may apply for permission to enter for an additional month, but apparently two months is the maximum. Coincidentally, in order for their children born outside Cuba to acquire Cuban citizenship, the Cuban Embassy in South Africa states that children must establish permanent residence in Cuba (apparently 3 months residence is required). According to the Cuban immigration department in Cuba as well as an expert witness who testified on Cuban citizenship for the case Matter of Vazquez122 in the U.S., the only requirement for establishing Cuban citizenship for those born outside Cuba is a duly issued birth certificate from the Cuban foreign mission in the country of birth. However, the Cuban Embassy in South Africa refuses to register such children's births (perhaps because it will signify legal recognition of citizenship). The result is a class of children born abroad who are not regarded as Cuban nationals but who hold no other citizenship or nationality. Legal Guidance: 1. Any child born in South Africa to two Cuban permanent emigrant parents does not acquire Cuban nationality as of right and thus qualifies for South African citizenship under section 2(2). 2. Any child born in South Africa to a Cuban permanent emigrant parent whose other parent cannot pass on nationality qualifies for South African citizenship under section 2(2). 122 Matter of Vazquez (31 July 2007) See http://www.uscis.gov/USCIS/ Laws%20and%20Regulations/Memoranda/July%202007/Vazquez073107.pdf (accessed 3 October 2013). 88 Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide