Cuba and Mexico: Authorization to return, including requirements and procedure to obtain it; circumstances that may lead to the loss of Cuban citizenship, in particular for a Cuban citizen who has obtained Mexican citizenship (2010-October 2013)

1. Authorization to Return

According to the websites of the Embassy of Cuba in Ottawa and the Cuban Interests Section in USA, Cuban citizens who want to return to live in their country must submit to a Cuban embassy or consulate the following documents:

Application form for Permission for Entry, original and copy

Chest x-ray and AIDS blood test results

Criminal record

Photocopy of passport

...

Applicants who are terminally or seriously ill: Legalized Medical History translated by the Consulate

Applicants who are abandoned and without relatives:

Presentation of proof showing that they have no relatives in the country or that they lack the income for their survival in a normal fashion.

Applicants who are older than 60:

Documentary proof accrediting that they have complied with the economic resources required according to social security regulations and that they possess all that is established to the effect.

The PVE [Permission to Travel Abroad] who have surpassed the term of 11 months living abroad [that term changed to 24 months in 2012 (Sexenio 15 Jan. 2013; AFP 16 Oct. 2012; Cuba 2012, Art. 9.1)].

Documentary proof that accredits the reasons for not having returned to Cuba

Consular assessment

In the case of minors who wish to repatriate, without one or both parents, they must present a power of attorney in the name of the person who will assume custody of the minor, authorized by the parent(s) who are not availing themselves of the permission to repatriate (Cuba n.d.a; ibid. n.d.b).

In correspondence with the Research Directorate, the Executive Director of the Center for Latin American and Caribbean Initiatives (CLACI), at Miami Dade College in Florida, explained that permission to return to Cuba is not granted automatically (CLACI 6 Nov. 2013). He pointed out that requests for repatriation are reviewed on a case by case basis (ibid.).

According to the Executive Director of the CLACI,

If an individual returned to Cuba within the currently 24 authorized month period to stay abroad and no indication of "hostile" activity or declarations were detected by the Cuban authorities, he or she would not have any problems. However, if he or she returned to Cuba after the 24 month period, he or she will not be allowed to enter Cuba because he or she will be considered to have changed the status from a person who was authorized to travel abroad to that of an émigré or a "defector". In such case, the person may not be allowed to fly back to Cuba or would be returned to a country where he or she came from (if the individual has any another foreign valid document that allows him or her to travel). If the government allows an émigré to enter Cuba, he or she may still be imprisoned if he or she had any problems with Cuban government in the past. (ibid.)

Further information on repatriation could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Citizenship

The Cuban Constitution [translation] "does not permit dual nationality. Therefore, when a person obtains foreign citizenship they lose their Cuban citizenship" (Cuba 1976, Art. 32). However, the Executive Director of the CLACI explained that, in practice, Cubans who obtain another citizenship do not lose their Cuban citizenship; the Cuban government even requires them to have a Cuban passport to enter Cuba (CLACI 6 Nov. 2013). According to the Executive Director, they may go to a Cuban consulate to request a Cuban passport (ibid.). The Executive Director added that the passport must be "habilitado," which allows the individual to stay in Cuba for three months (ibid.). For further information on passports and habilitado passports, consult Responses CUB104521 and CUB104288.

Further information on the circumstances that could lead to the loss of Cuban citizenship could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Cuban Citizens who Have Acquired Mexican Citizenship

According to a report published by the Chamber of Deputies (Cámara de Diputados) of Mexico, Mexico permits its citizens to have dual nationality (Mexico Sept. 2009, 7). A news release issued by the Embassy of Mexico in Canada also states that Mexican legislation permits dual citizenship (ibid. 4 Feb. 2010). However, according to the report by the Chamber of Deputies of Mexico, Mexican nationality obtained by naturalization may be lost if the person acquires a foreign nationality or if the person lives abroad for five years (ibid. Sept. 2009, 8-9).

The Executive Director of the CLACI stated that, according to the Cuban Constitution, if a Cuban citizen obtains Mexican citizenship, they automatically lose their Cuban citizenship (CLACI 6 Nov. 2013). However, despite this, they may submit to a Cuban consulate an application for a habilitado passport to stay in Cuba for a maximum of three months (ibid.). Upon their arrival in Cuba, they may submit an application for permanent repatriation, and the Cuban government will decide whether to accept it (ibid.).

Without providing details, the Executive Director stated that Mexican children of a Cuban man may obtain Cuban citizenship; they must submit their application to the consulate closest to their place of residence (ibid.). The Executive Director pointed out that applications for citizenship are reviewed on a case by case basis (ibid.). He stated that the Mexican wife of a male Cuban citizen (or the Mexican husband of a female Cuban citizen) may not, however, obtain Cuban citizenship (ibid.). They must obtain a visa, which will allow them to go to Cuba, and then they must apply for a residence permit for foreigners if they want to remain in Cuba (ibid.). The Executive Director added that the "processing time for a foreigner residence permit is very long" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 16 October 2012. "Cuba Scraps Despised Exit Permit for Foreign Travel." [Accessed 12 Nov. 2013]

Center for Latin American and Caribbean Initiatives (CLACI). 6 November 2013. Correspondence from the Executive Director to the Research Directorate.

Cuba. 2012. Decreto Ley No. 302. [Accessed 12 Nov. 2013]

____. 1976 (amended in 1978, 1992 and 2002). Constitución Política de la República de Cuba de 1976. [Accessed 21 Oct. 2013]

_____. N.d.a. Cuban Interests Section in USA, Washington. "Consular Services." [Accessed 10 Nov. 2013]

_____. N.d.b. Embassy of Cuba in Canada, Ottawa. "Consular Services." [Accessed 6 Nov. 2013]

Mexico. 4 February 2010. Embassy of Mexico in Canada. "Mexican Citizenship." [Accessed 7 Nov. 2013]

_____. September 2009. Cámara de Diputados. "Doble nacionalidad: Marco conceptual y derecho comparado en América Latina." [Accessed 7 Nov. 2013]

Sexenio [Puebla, Mexico]. 15 January 2013. Gerardo Soriano. "Disidentes cubanos viajarán por Ley Migratoria." [Accessed 12 Nov. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: Cuban Interests Section in USA, Washington.

The official at the Embassy of Canada in Cuba was unable to provide information within the time constraints.

The officials at the Embassy of Cuba in Ottawa did not respond to a request for information within the time constraints.

Internet sites, including: Amnesty International; Asociación Jurídica Cubana; Canada's International Gateway; Carribean News; Conexión Cubana; Cuba - Embassy of Cuba in Russia, Consulado de Cuba en Costa Rica, Gazeta oficial, Ministerio de Justicia, Ministerio de Relaciones Exteriores de Cuba, Nación y emigración, Sitio del gobierno de la República de Cuba; Cubanet; Diario de Cuba; ecoi.net; El Nuevo Herald; Factiva; Freedom House; Havana Times; Help Line Law; Huffington Post; La Prensa; Movimiento Democracia; Organization of American States; United Nations - Human Rights Council, Integrated Regional Information Networks, Refworld, United Nations Development Program; United States - Department of State.