In Cuba, there is currently no “Ley de Ciudadanía (Citizenship Law)”, only some articles of the still valid “Decree 358 dated February 4, 1944, Citizenship Regulations” are applicable. Acts related to the acquisition, loss or recovery of Cuban citizenship must be recorded in a Notarial Act and registered in the Civil Status Registry.
The following is a summary of some fundamental information you should know about the Cuban citizenship: ways to get it, requirements and the constitutional foundations that support it.
Cuban citizenship by BIRTH:
- Those born in the national territory, except for the children of foreigners who are currently under the service of their government or international organizations. The law (*) provides the requirements and procedures for the children of foreigners who are non-permanent residents in the country.
- Those born abroad of a Cuban father or mother, who are on official mission.
- Those born abroad of a Cuban father or mother, after complying with the procedures provided by law (*).
- Those born abroad, of a father or mother born in the Republic of Cuba who have lost their Cuban citizenship, as long as they apply for it as provided by law (*).
- Those foreigners who for exceptional merits achieved during the struggles for the liberation of Cuba were considered Cuban citizens by birth.
Cuban citizenship by naturalization:
- Foreigners who acquire citizenship in accordance with the terms of the law (*).
- Those who had served in the military war against the tyranny overthrown on January 1, 1959, as long as they prove this condition in the legally established manner.
- Those who, having been arbitrarily deprived of their original citizenship , obtain Cuban citizenship by express agreement of the Council of State.
CUBAN CITIZENSHIP BY NATURALIZATION
Sections b) and c) article 30 of the Constitution of the Republic of Cuba is clear and provides for specific requirements: Foreigners who participated in the armed struggle against the tyranny overthrown on 1/1/59 and those who do not hold citizenship by express agreement of the Council of State.
For section a), “formalities specified by law” are required. The following are the legal requirements established in Decree 358 dated February 4, 1944, Citizenship Regulation 11, Title III, numeral 8, and which are listed below:
- All foreigners after 5 years of continuous residence in the national territory and not less than 1 year after declaring their intention to obtain Cuban citizenship, provided they can speak Spanish.
- Foreigners who get married to Cuban citizens, when they have children from this marriage or have been continuously living in Cuba for 2 years after the wedding.
- Provided that they previously waive their citizenship of origin.
In light of the above, Permanent Residency in Cuba is an indispensable requirement to obtain Cuban citizenship and to waive any other citizenship.
RENUNCIATION OF CUBAN CITIZENSHIP
The automatic renunciation of Cuban citizenship is not allowed; an administrative decision of the competent authority by ministerial resolution, passed on a discretional basis, is required.
DEPRIVATION AND RECOVERY OF CUBAN CITIZENSHIP
It is enforced in accordance with the law, even when involving a unilateral decision of the State to punish a citizen for unworthiness.
In the 1976 Constitution of the Republic of Cuba the causes for deprivation were set forth, however, with the Constitutional Reform of 1992 this article was modified, establishing a referral to the legislator to fill this void, which has not been done to date, nevertheless, we expose the causes that in essence could be taken into account for the deprivation of Cuban citizenship:
- Those acquiring foreign citizenship.
- Those who, acting without the permission of the Government, serve another nation in military functions or in the performance of duties that entail authority or jurisdiction of their own (by decree of the Council of State).
- Cubans by naturalization who reside in the country of their birth, unless they express every three years, before the appropriate consular authority, their will to preserve their Cuban citizenship.
- Naturalized citizens who accept dual citizenship.
- For crimes and causes of unworthiness, by means of a final judgment of the courts.
Since neither aCitizenship Law nor a Regulation in accordance with the letter of the current Cuban Constitution is in force, there is a “legislative vacuum” in the current context. There is no exact definition of the procedure and the authorities that would execute the acts and decisions on the subject and in practice the concepts of Deprivation of Citizenship and consequently that of Recovery are not applied.
It is important to know that:
- Neither the marriage nor its termination will affect the citizenship of the spouses or their children.
- Cubans may not be deprived of their citizenship, except for legally (*) established causes. Nor may they be deprived of the right to change it.
- The law (*) establishes the procedure to be followed for the procedure to formalize the withdrawal of citizenship and the authorities empowered to do so.
- Cuban citizenship may be regained in the cases and in the manner prescribed by law (*).
How to apply for Cuban Citizenship100% online?
Non-Cuban-born applicants may apply for it as long as one of their parents is Cuban.
To apply for this application you must provide us with:
- Completed and signed application form
- Original birth certificate issued by the Special Registry of the Ministry of Justice.
- Updated Passport Photo
- Photocopy of the foreign passport, provided it is valid and in force. If there is any extension, please provide us with a photo of the page containing this extension.
- Photocopy of parents’ passports, provided these are valid and in force. The Cuban parent must submit a photocopy of his or her Cuban passport.
- Birth certificate of Cuban mother or father and photocopy of the birth certificate of the non-Cuban.
- For minors under 18 years of age, in case one of the parents is not present, a deed of authorization from the latter, authenticated by the Federal Department of State, must be submitted.
Opapeleo can help you with each of these steps.
Opapeleoprovides this service by means of a system100% online by which you can perform your procedure. If you prefer the telephone Opapeleo is the only agency operating seven days a week from 8 a.m. to 8 p.m.; you can make the procedure by calling 202-800-4141. In any case, Opapeleo is located 150 meters away from the Cuban Consulate in Washington DC and is willing to assist you, simplifying your process.
To apply online you must select the Cuban Citizenship Application option on our website. After completing the requested information and checking whether it is correct, you will need to proceed with the payment. The procedure will take from 90 to 120 working days once all the documentation has been received in our offices. Costs depend according to the complexity of the procedure.
Opapeleo notifies via SMS and email of each stage of the process.
About Us
Opapeleo is your agency for paperwork procedures 100% online or by phone. We are in Washington DC 150 meters away from the Cuban Consulate. We provide services of Extension and Cuban passport renewal, Legalisations, Powers of attorney of all kinds, Authorisation for minors to leave the country, DVT, Cuban visas, top-ups, requests for Cuban certificates, delivery of official documents and all kinds of procedures related to Cuba.
