This procedure comes from Cuba’s laws published in 2026 and is not yet in force on October 24, 2026: each of the three laws says it enters into force 180 days after its publication in the Gaceta Oficial. They were published in Gaceta Oficial No. 39 Ordinaria of May 5, 2026. A MINREX article dated July 21, 2026 says the Migration, Foreign Nationals and Citizenship laws take effect in November. Decreto 136, which sets this procedure, says in its third final provision that it also enters into force 180 days after its publication.

What the law says

Decreto 136, Article 57.1, permits a request to change Emigrado migratory status to Residente en el Exterior: “Resident Abroad” (our translation). It describes a requested change, not an automatic conversion.

Decreto 136, Article 57.4, gives the consulate seven working days to assess the request and, on finding it complete, forward it to the competent migration authority. Article 58.1 gives that authority ninety working days counted from the date the request was filed to respond by resolution. Article 58.2 gives thirty working days from issuance of the resolution for notification, in person or electronically. Each period has its own starting point.

Who it covers

Decreto 136, Article 57.1, identifies Cuban citizens holding Emigrado migratory status. Ley 171, Article 29.1(b), defines emigrados as those who hold that status before the law enters into force, and Article 29.3 gives them the right to acquire Residente en el Exterior status by a written request to the migration authority. The condition requested is Residente en el Exterior. Returning to live in Cuba is addressed in the separate related page below.

Where and how the request is made

Decreto 136, Article 57.2, requires a written request before the Cuban consulate with jurisdiction in the country of residence. Article 57.3 lists the accompanying material:

  • Reasons for wishing to change migratory status.
  • A criminal-record certificate from the country of residence.
  • Certification of migratory movements establishing the route by which the person left Cuban territory, or a sworn declaration before a notary or the corresponding consul when that information does not appear in DIMEC’s systems.

MINREX’s consular-services page for the United States lists Residencia en el Exterior (RE) as a service. The requirements and periods above come from Decreto 136, not from that page.

What the law does not say

Decreto 136, Articles 57 and 58, do not set a fee or a form for this change. Ley 171’s fifth transitional provision keeps current migration document taxes and consular fees in force until new regulations set them.

Sources

Last verified: 2026-10-24. This is general information, not legal advice. Consult an attorney for your specific situation.