Cuban nationality law is regulated by the Constitution of Cuba, currently the 2019 Constitution, and to a limited degree upon Decree 358 of 1944. These laws determine who is, or is eligible to be, a citizen of Cuba. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Cuban nationality is typically obtained either on the principle of jus soli, i.e. by birth in Cuba; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Cuban nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquiring Cuban nationality
Cubans may acquire nationality through birth or naturalization. The current scheme was adopted in 1976, retained in the Constitutional revision of 1992 and 2002, and modified to incorporate dual nationality in 2019.
By birthright
Recognition of birthright nationality requires a passport issued by the country of birth with a visa to enter Cuba; an identity card or registration of the birth in the Civil Registry or Special Registry of Acts and Facts of Cubans Abroad, and a Cuban reference who makes a sworn statement to provide for the housing and maintenance of the applicant. Applications for those born abroad are submitted to the Directorate of Immigration and Foreigners. Under Article 34 of the 2019 Constitution, nationality by birthright is bestowed upon:
Persons born in Cuba, excepting those children of foreigners who are in Cuba in service to their governments or an international organizations; Persons born outside of Cuba who are abroad in service to the Cuban government; Persons born abroad to Cuban parents; or Persons born abroad to parents who were born in Cuba but have lost Cuban nationality.
By naturalization
Naturalization under the 1944 Decree 358 requires establishing a continuous residence in the territory for a minimum of five years and knowledge of the Spanish language. Residency is reduced to two years for those married with Cuban nationals or who have children born in Cuba. They must comply with legal requirements to obtain a citizenship card and declare the intent to obtain Cuban nationality. Under Article 35 of the 2019 Constitution, foreigners who can be naturalized include:
Foreigners who have complied with the naturalization law; or
Persons who have been deprived of nationality in their country of origin. This type of naturalization is bestowed at the discretion of the President of Cuba.
Loss of Cuban nationality
There is no regulation which outlines a process for loss or renunciation of nationality. According to Article 38 of the 2019 Constitution, Cubans may not be deprived of their citizenship, except under certain circumstances, which the legislators may describe. The article also states that nationality can be renounced by following legal processes. Article 37, provides "Neither marriage, civil union, nor legal separation will affect the [nationality] of spouses, partners, or children".
Dual nationality
Under previous constitutions, multiple citizenship was not allowed, though the government recognized that persons could hold dual nationalities. The modifications in the 2019 Constitution provided for dual nationality in Article 36, which states that within the national territory, only Cuban law shall be applicable.
History
Cuba's quest for independence began with the ideals in other Spanish American colonies in the 1810s. Initially, because of the dependence of the island upon Spain, loyalty to the colonial regime slowed the development of the independence movement. Dissidents and exiles throughout the Caribbean, Gulf of Mexico, and the Atlantic developed connections and solidarity to plan and launch three wars end Spanish rule. Spanning thirty years, the Ten Years' War (1868-1878), the Little War (1879-1880) and the Cuban War of Independence (1895-1898) resulted in severing ties with Spain. During this period, though not independent, Cuba drafted the Constitutions of Guáimaro (1869), Baraguá (1878), Jimaguayú (1895), and La Yaya (1897). These constitutions defined Cubans as anyone, regardless of where they were born, who was directly serving Cuba in the insurgency. Each of them, as did subsequent Cuban constitutions until 1992, interchangeably used the terms citizenship and nationality. In 1886, slavery was abolished under the freedmen regulation, but newly freed slaves were required to work for rations and clothing.