Report on Citizenship Law: Cuba
requires a passport from the country of birth and a visa to enter Cuba, registration of Birth in
the Special Registry of Acts and Facts of Cubans Abroad, the Identity Card of the person of
reference in Cuba and the sworn statement of the person of reference in Cuba who undertakes
to guarantee their accommodation and maintenance, and declares that the procedure is not
taxed27.
In the case of descendants of Cuban citizens born abroad who are minors (up to 18
years old), application is lodged by a legal representative. The petition is addressed to the
officials of the Directorate of Immigration and Foreigners (DIE) of the Ministry of the Interior
(MININT). The minor must be registered by his/her parents in the Cuban Consulate of the
country where he or she was born or resides. The birth must be registered in the Special
Registry of the Ministry of Justice and thus obtain the Birth Certification. In the event that
one of the parents is a foreigner, he/she must grant notarial consent for the acquisition of
Cuban citizenship by birth of the minor. Once the application is approved by the Directorate
of Immigration and Immigration, their residence in the Cuban territory is formalised, and
registration is made in the Civil Registry. From this moment, the Cuban citizenship of the
minor is official and recognised.
By Naturalisation
(Constitution, Article 30)
Foreigners who acquire citizenship in line with the law are Cubans by naturalisation. These
include individuals who served in the armed struggle against the regime overthrown on
January 1st, l959; and those who, having been arbitrarily deprived of their citizenship of
origin, obtained Cuban citizenship by express agreement of the Council of State.
However, the citizenship law mandated by the Constitution has not been enacted so
far, despite the expectation dated back to 198228. A bill of Citizenship circulated in 1994 in
the National Assembly of the Popular Power, but it did not reach promulgation either. Among
the most commonly indicated causes to explain the absence of this law — in the absence of an
official justification— are to maintain the obligation for all those born in Cuba to enter the
country with a Cuban passport, so that they are bound by national law during their stay in the
country (without being able to invoke any other citizenship, and its respective rights), and the
collection by the State of the high consular costs of preserving the Cuban passport and its
validity.
In view of the absence of a Citizenship Law, Decree 358 of 1944 is partially in force,
which causes numerous inconveniences. The most important of these is that it is preconstitutional, in addition to the fact that many of its articles are materially unrealisable, such
as those that regulate the presentation of letters by merchants, and the report issued by the
Municipal Mayor or the local Police Captain.
In practice, since 1959, concessions of citizenship by naturalisation have been scarce,
http://www.cubadebate.cu/noticias/2017/10/28/cuba-anuncia-nuevas-medidas-en-vinculos-con-suemigracion/#.WfXul3ZryM9, Consulted: 28.10-17. “
27
This information appears, for example, here: http://www.redpinar.cu/es/migracion/extranjeros. Consulted:
07.10.2017
28
In 1982 Faife León wrote the following: “We know that currently the Legal Studies Commissions of the
National Assembly is working on a draft of the Citizenship Law that will undoubtedly reflect current realities,
but it is the fact that this activity is still governed by Decree 358 of 1944, which causes no few inconveniences”
(Faife León 1982).
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RSCAS/GLOBALCIT-CR 2020/3- © 2020 Author(s)