News · Migration
Migration regulation sets effective residency in Cuba at 180 days from November 1
Decree 136/2025, the regulation implementing the Migration Law, starts to apply on November 1 and creates the category of effective migratory residency, which replaces the criterion of 24 months outside the national territory, according to the reading of the rule published by Periódico Cubano.
Cuba's new Migration Law starts to apply on November 1 and establishes the category of effective migratory residency, of interest to Cubans living in the United States, Spain and other countries. The provision appears in Decree 136/2025, the regulation implementing Law 171/2024, published in the Official Gazette on May 5, and its purpose is to determine when a person resides continuously and genuinely on the island, replacing the criterion of 24 months outside the national territory.
Article 43 establishes that the Directorate of Identification, Migration, Immigration and Citizenship (DIMEC) will determine on its own initiative the effective residency of those who accumulate more than 180 calendar days in Cuba during the year preceding the assessment. Visits can be added together, because the rule does not require an uninterrupted stay: someone who spends 90 days on one trip and then returns for another 91 would reach 181 days, provided that both stays fall within the period the migration authority examines. The period assessed is not the calendar year, but the year preceding the date of the determination.
Articles 45 and 46 open another route for those who do not reach that threshold: accumulating more than 120 calendar days in the country during the previous year and showing circumstances that demonstrate the intention to reside in Cuba. The elements accepted include home ownership, legal occupancy of a property, close family ties with effective residents, paid work, investments, regularly used bank accounts, compliance with tax obligations and the ownership of other assets.
The documentation may include marriage or birth certificates, property titles, notarial deeds, employment records, bank certifications and tax receipts. Each piece of evidence is weighed together with physical presence and the regulation's other conditions, so having a house or relatives in Cuba does not by itself guarantee approval of the application, and the authority may request additional proof.
Article 47 allows the application to be filed in writing or through the digital platforms made available, with applications also accepted at the Interior Ministry's processing offices. Under Article 51, the decision must be issued and notified within 20 working days of receipt, and in the event of a denial the applicant may appeal through the legally established channels. The rules keep entry restrictions in place and their practical application will depend on the corresponding administrative instructions.
The category affects a large population. The government calculates that more than three million Cubans live abroad, of whom roughly half retain residency in the country, while 1.1 million do not have effective residency on the island, according to official figures reported by Diario de Cuba.
Sources: Periódico Cubano · Diario de Cuba
Data updated: 2026-10-24T16:00:00.000Z