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 the evidence route, says in its third final provision that it also enters into force 180 days after its publication. Until then, MINREX’s consular page for the United States says the automatic, free extension of uninterrupted stays abroad beyond 24 months remains in effect until further notice, keeping national-resident status (see the 24-month rule).

What the law says

Ley 171, Article 27.2, says Cuban citizens resident in the national territory who remain abroad for a prolonged period for work, health, study or other reasons of a similar nature retain that condition when they substantiate those reasons before the migration authority. This is reason-specific retention, not a general exemption for all stays abroad.

Decreto 136, Article 56, identifies the evidence and request information for that rule. The separate effective-residence rules are explained in the new-laws page linked below.

Who it covers

Ley 171, Article 27.2, refers to Cuban citizens already resident in the national territory and to the reasons for their prolonged absence. The cited rule concerns maintaining that category.

Where and how the request is made

Decreto 136, Article 56.1, lists the documents as applicable:

  • Work: a signed employment contract establishing the duration of the employment relationship.
  • Health: medical documents showing attendance at recognized centers for the claimed treatments or inability to travel at that time, legalized at the Cuban consular or diplomatic representation in the country concerned.
  • Study: documents issued by the foreign educational institution where the academic studies take place, legalized at the Cuban consular or diplomatic representation in the country concerned.
  • Other reasons: documents demonstrating the reasons for the prolonged stay abroad.

Decreto 136, Article 56.2, places presentation of the documents, together with the request to retain Residente en el Territorio Nacional status, at DIMEC processing offices in Havana, the corresponding offices in the other provinces and the special municipality of Isla de la Juventud, and consular offices, as applicable.

Article 56.2(a-e) requires the request to state the facts and grounds; identify the migration authority addressed; identify the interested person and representative by full name, identity number and address; give communication channels for notifications and necessary appearances; and include the place, date and signature of the interested person or designated legal representative. Letter d mentions the “communication channels available for notifications and appearances” (our translation).

What the law does not say

Ley 171, Article 27.2, and Decreto 136, Article 56, do not set a fee, a form or a decision period. Ley 171’s fifth transitional provision keeps current migration document taxes and consular fees in force until new regulations set them. They keep residence for the reasons they list, backed by the evidence they ask for; they are not a general exemption for every Cuban living abroad.

Sources

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