Research Directorate, Immigration and Refugee Board of Canada

1. Legislation

Article 34 of the 2019 Constitution of the Republic of Cuba provides that

[The following] are Cuban citizens by birth:

1. those born in the national territory, with the exception of the children of foreigners who are in the service of their government or of international organs [organismos]. The law establishes the requirements and the formalities for the case of children of foreigners [who are] not permanent residents of the country;
2. those born abroad, of a Cuban father or mother who are fulfilling [an] official mission, in accordance with the requirements and the formalities that the law establishes;
3. those born abroad of a Cuban father or mother, [with] previous fulfillment of the requirements and the formalities that the law specifies, and
4. those born outside of the national territory of a father or mother [who are] Cuban by birth who have lost Cuban citizenship, as long as they claim it in the form that the law specifies. (Cuba 2019, square brackets and italics in original)

2. Procedure to Obtain Cuban Citizenship by Birth

The Havana Times indicates that in October 2017 Cuba's Foreign Minister announced that it would "facilitate the acquisition of citizenship for children born to Cubans abroad," through measures that would come into force on 1 January 2018, including eliminating the "'prerequisite'" to live in Cuba for "at least 90 days" (Havana Times 28 Oct. 2017). Similarly, a January 2018 article in the Miami Herald states that the "children of Cubans living abroad will be able to apply for and obtain Cuban citizenship … without the need to live on the island for any length of time" (Miami Herald 4 Jan. 2018). In correspondence with the Research Directorate, a representative of the Embassy of Cuba in Canada indicated that children born abroad to Cuban citizens can apply for Cuban citizenship through the offices of the Directorate of Identification, Immigration and Foreign Affairs (Dirección Identificación, Inmigración y Extranjería, DIIE) of the Ministry of the Interior (Ministerio del Interior, MININT) in Cuba or in the "consular district where the interested party resides" (Cuba 21 Apr. 2021). The same source added that the citizenship application can be completed through a Cuban consulate, "without the obligation to travel to Cuba" (Cuba 21 Apr. 2021).

According to Decree-Law No. 352 on Acquiring Cuban Citizenship by Birth of Those Born Abroad to a Cuban Father or Mother (Decreto-Ley No. 352 "Sobre la Adquisición de la Ciudadanía Cubana por Nacimiento de los Nacidos en el Extranjero de Padre o Madre cubanos"), of 30 December 2017,

[translation]

ARTICLE 6. Applications for Cuban citizenship by birth are processed by opening a file that will contain the following documents:

1. A declaration from the interested party or their legal representatives when appropriate, in which they expressly state that they wish to acquire Cuban citizenship by birth, to which may be attached any other document or statement which they consider appropriate to make known.
2. A birth certificate issued by the Acts and Deeds Registry of Cubans Abroad [1] when the application for Cuban citizenship is made from abroad.
   The birth certificate will be obtained once the birth is registered at the Cuban consulate in the country concerned.
3. The birth certificate issued by the Civil Status Registry of the interested party's Cuban father or mother, as appropriate. In the cases when it is appropriate, the submission of an identity document is enough to prove the applicant's birth information.
4. A document issued before a Notary Public from the owner of a property, on which authorization is given for the interested party to be housed in their residence, when the intention is to live in the country.
5. Whatever else is required in keeping with the provisions of this Decree-Law.

ARTICLE 7. If the interested party intends to avail themselves of the right to reside in the country, they must so register with the competent authority in the application for citizenship or when processing the relevant identity documents.

ARTICLE 8. The Cuban consulate and the Ministry of the Interior's processing offices have a twenty (20) working day period to refer the files to the Head of the Directorate of Identification, Immigration and Foreign Affairs of the Ministry of the Interior, who adopt the decision to

1. allow;
2. reject; or
3. return.

ARTICLE 9. The Head of the Directorate of Identification, Immigration and Foreign Affairs of the Ministry of the Interior, in the thirty (30) working days upon receipt of the files, will render a decision to allow or reject it. (Cuba 2017)

According to the website of the Embassy of Cuba in Venezuela, applying to acquire Cuban citizenship is free of charge, and there are four application forms are available to be filled out, as appropriate:

[translation]

1. If the request is made by the interested party of legal age (over 18 years of age). …
2. If the application is for a minor or incapacitated person and is submitted at the Consulate by both parents; (the consent of both parents is implicit in this instance). …
3. If the application is for a minor or incapacitated person and is submitted at the Consulate by one of the parents. In this case, the applicant must present the Deed of Authorization (Escritura de Autorización) of the absent parent … [or] the document that certifies death, incapacitation, suspension or deprivation of parental authority. …
4. In the event that the request is made by a third party, for a person over 18 years of age, they must present a notarized power of attorney (Poder Notarial) of the interested party. …
   If the application is made by a third party for a minor or incapacitated person, a power of attorney must be submitted by both parents; one from each parent; or a document certifying death, incapacitation, suspension or deprivation of parental rights of one of the parents. (Cuba n.d.b)

The same source states that, in addition to the corresponding application, the following documents must also be submitted:

[translation]

• The applicant's original national identity card (cédula) or passport.
• A passport-style photo printed on a light background and provided digitally in JPEG format.
• Latest address in Cuba of the parents, if the applicant is going to reside in Cuba.
• Original birth certificate issued by the Special Registry (Registro Especial) of the [Ministry of Justice (Ministerio de Justicia, MINJUS)].
• In the case of minors under 18 years of age or incapacitated persons and when both parents or holders are present at the Cuban Consulate to make the request, they are not required to present a Deed of Authorization, [because] the application itself implies the authorization.
• In the case of minors under 18 years of age or incapacitated persons, when only one parent or holder is present at the beginning of the process, the missing authorization must be provided.
• Photocopy of the passport page or identity card of the parents or legal representatives containing general information.
• Original birth certificate issued by the Civil Status Registry (Registro del Estado Civil) of the MINJUS of the Cuban father or mother of the interested party, as applicable. Birth certificate of the foreign father or mother.
• Original property registry issued before a notary public (notario público), where the interested party has authorization to reside, when the intention is to reside in the country.
• When the Cuban father or mother, or legal representative, is the owner of the dwelling, they may choose to present the document referred to in the previous paragraph, or a copy of the property title. (Cuba n.d.b)

2.1 Procedure to Obtain Birth Certificate Transcript and Birth Certificate

The representative of the Embassy of Cuba in Canada explained that in accordance with Law No. 51 on the Civil Status Registry (Ley No. 51 del Registro del Estado Civil), civil status events of a Cuban citizen that occurred overseas, including births, must be "transcribed" for the event to be recognized in Cuba (Cuba 21 Apr. 2021). Law No. 51 provides the following:

[translation]

ARTICLE 3.-Birth, marriage and death or the acquisition, loss or recovery of Cuban citizenship and any act or event that constitutes or affects the civil status of parties will be registered in the Civil Status Registry under the terms set out in this law and its regulations. To have probative value, the events and acts that constitute or affect the civil status of the parties and the documents they are recorded in, must be registered and/or noted beforehand in the Civil Status Registry.

…

ARTICLE 20.-The Consular offices of Cuba will register the civil status-related acts and events of Cubans and their children abroad, which will be registered at the offices of the Special Registry.

… (Cuba 1985)

The representative of the Embassy of Cuba in Canada indicated that registering the overseas birth of a child of a Cuban citizen is completed by obtaining a birth certificate transcript (transcripción de nacimiento) in the "consular jurisdiction where that birth occurred" (Cuba 21 Apr. 2021). The website of the Embassy of Cuba in Venezuela explains that the [translation] "Birth Certificate Transcript of the interested party will always be made at the Cuban consulate with jurisdiction in the place of birth" (Cuba n.d.b).

The representative of the Embassy of Cuba in Canada stated that the "[t]ranscripts of the Civil Registry in Cuban consulates … must be made from the certificate[s] issued by the [Civil Registries] or their equivalents in each country" (Cuba 21 Apr. 2021). According to the website of the Embassy of Cuba in Venezuela, to request a Birth Certificate Transcript, the following documents must be presented:

[translation]

1. Complete the Birth Certificate Transcript Request form, in clear and legible handwriting, in black ink.
2. Present an original copy of the child's birth certificate[,] issued by the [birth] country's authorities, duly legalized by the Ministries of Interior and Justice and Foreign Relations.
3. Photocopy of the passport of the Cuban citizen (mother or father), certificate of Cuban citizenship or identity card (carné de identidad) and the identity card (cédula) of the foreign [parent]. If the father or mother of the Cuban child who being registered is deceased, you must provide the death [certificate] transcript.
4. Consular registration card of the Cuban father or mother.
5. Photocopies of the birth certificates of the parents, certified with their original copies.
6. Photocopy of the marriage certificate of both parents.
7. The act of transcribing the birth is exempt from payment, apart from the cost of legalization and certification, for which [88] Bs [Bolivars, VES] [C$24] must be paid. (Cuba n.d.c)

The website of the Embassy of Cuba in Venezuela explains that, for children born abroad to a Cuban father or mother to request the acquisition of Cuban citizenship, it is [translation] "mandatory to present the birth certificate (certificación de nacimiento) issued by the Special Registry of the Cuban Ministry of Justice ([as] files will not be accepted with a Birth Certificate Transcript (transcripción del nacimiento))" (Cuba n.d.b). The representative of the Embassy of Cuba in Canada stated that after a copy of the Birth Certificate Transcript is issued by the Cuban consulate, the applicant must present the transcript within 30 business days at the Acts and Deeds Registry of Cubans Abroad (Registro de Actos y Hechos de Cubanos en el Exterior) to obtain the birth certificate (Cuba 21 Apr. 2021). The same source noted that civil registry documents can be obtained in Cuba or through a Cuban consulate (Cuba 21 Apr. 2021). In correspondence with the Research Directorate, a co-founder of the Collective of Many Voices Foundation (Fundación Colectivo+Voces) [2], who was also a practicing lawyer in Cuba and who has written about Decree-Law No. 352, stated that after the Birth Certificate Transcript is issued, a consular officer will register the birth in the civil registry at the consulate and will also send a certified copy of the transcript to the Acts and Deeds Registry of Cubans Abroad (Co-Founder 21 Dec. 2021). In follow-up correspondence with the Research Directorate, the same source added that applicants must make a separate application for the birth certificate at the consulate after the registration of the transcript with the Acts and Deeds Registry of Cubans Abroad (Co-Founder 23 Dec. 2021).

In contrast, in a telephone interview with the Research Directorate, an immigration lawyer with experience practicing law in Cuba indicated that while the Birth [Certificate] Transcript will be obtained from the consulate, the child's birth certificate must be registered in Cuba at a civil registry office, and cannot be obtained outside Cuba; the process is completed upon receipt of a Birth Registration Certificate (Lawyer 8 Apr. 2020).

According to the website of the Embassy of Cuba in Venezuela, a request for a birth certificate from Cuba through a consulate requires the completion of a form, as well as the payment of a consular fee of 120 [VES] [C$34] (Cuba n.d.d). The same source states that there is a 384 [VES] [C$107] charge upon delivery, as well as 288 [VES] [C$80] if the documents need to be legalized by the Embassy or consulate, and/or 192 [VES] [C$54] for legalization by the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) (Cuba n.d.d).

2.2 Missing Authorization

Article 4 of Decree-Law No. 352 provides the following: [translation] " … In the event that both parents are not present at the beginning of the process, the authorization of the person who does not appear must be certified with a document issued by the Notary Public or the relevant Consul" (Cuba 2017).

According to the lawyer, if there is no consent from one parent, the applicant must explain why the other parent does not provide consent, and the Cuban government can approve the application if there is a satisfactory explanation (Lawyer 8 Apr. 2020). The same source also indicated that applications with missing consent are accepted without an issue when there is a single mother with Cuban citizenship, as she would have full custody (Lawyer 8 Apr. 2020). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Conditions

Decree-Law No. 352 states the following regarding "Special Provisions":

[translation]

FIRST: The Head of the Directorate of Identification, Immigration and Foreign Affairs of the Ministry of the Interior may, in the best interest of the minor and on the advice of the prosecutor, resolve cases in which there is no application or authorization from one of the parents, provided that the latter is in the country irregularly, that there is no express objection from the non-appearing parent and that they are not undocumented or stateless.

SECOND: When the interested party, the Cuban father or mother or the legal representatives of the minors included under this Decree-Law have committed acts or carried out actions against the political, social and economic foundations of the Cuban State, the file shall be archived and the applicant notified.

The minor children of the individuals referred to in the preceding paragraph, upon reaching the age of majority, may apply for Cuban citizenship, in accordance with the other provisions of this Decree-Law.

THIRD: The children born abroad of those who acquire Cuban citizenship by birth, in accordance with the provisions of this Decree-Law, when they reach the age of majority, may also apply for Cuban citizenship by birth, as set out, provided that they demonstrate permanent ties and stable relations with the country for a minimum period of two (2) years prior to submitting the application and pass the citizenship test.

The citizenship test must demonstrate that the interested party clearly speaks Spanish and understands it without any difficulty; knows the constitutional regulations on the country's political, administrative and social structure; the national symbols; the rights and duties of citizens; the historical periods and its principal leaders; the country's geographical characteristics and general and current knowledge of the national scene.

… (Cuba 2017)

The January 2018 article in the Miami Herald states that the Cuban government "will approve or reject" the applications of the children of Cubans living abroad applying for citizenship "based on political criteria" and that, "[a]mong the requirements: the parents cannot have committed any counterrevolutionary acts, and some applicants must pass an exam on Cuba's political system and 'national happenings'" (Miami Herald 4 Jan. 2018). The same source adds that the 2017 "decree does not define those 'acts' or 'actions'" (Miami Herald 4 Jan. 2018). The Fundación Colectivo+Voces co-founder similarly indicated that, per the second provision of Decree-Law No. 352, the DIIE of MININT can deny applications for citizenship based on "political interests" (Co-Founder 21 Dec. 2021).

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.

Notes

[1] According to the website of Cuba's Ministry of Justice (Ministerio de Justicia, MINJUS), the Special Registry of Civil Status (Registro Especial del Estado Civil) and the Acts and Deeds Registry of Cubans Abroad (Registro de Actos y Hechos de Cubanos en el Exterior) fall under the Department of Civil Status Registries (Departamento de Registros del Estado Civil) of MINJUS (Cuba n.d.a).

[2] The Collective of Many Voices Foundation (Fundación Colectivo+Voces) is an umbrella group of Cuban civil society actors working to "'empower the Cuban people through communication tools'" (IPS 8 Mar. 2018).

References

Co-Founder, Fundación Colectivo+Voces. 23 December 2021. Correspondence with the Research Directorate.

Co-Founder, Fundación Colectivo+Voces. 21 December 2021. Correspondence with the Research Directorate.

Cuba. 21 April 2021. Embassy of Cuba in Canada. Correspondence with the Research Directorate.

Cuba. 2019. Constitution of the Republic of Cuba. Translated by Maria del Carmen Gress. In World Constitutions Illustrated. 2019. Edited by Jefri Jay Ruchti. Getzville, NY: William S. Hein & Co., Inc. [Accessed 2 Apr. 2020]

Cuba. 2017. Decreto-Ley No. 352 "Sobre la Adquisición de la Ciudadanía Cubana por Nacimiento de los Nacidos en el Extranjero de Padre o Madre Cubanos." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 6 Apr. 2020]

Cuba. 1985. Ley No. 51 del Registro del Estado Civil. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 7 May 2021]

Cuba. N.d.a. Ministerio de Justicia (MINJUS). "Registros públicos." [Accessed 21 May 2021]

Cuba. N.d.b. Embassy in Venezuela. "Servicios consulares para extranjeros." [Accessed 9 Apr. 2020]

Cuba. N.d.c. Embassy in Venezuela. "Servicios consulares notariales." [Accessed 9 Apr. 2020]

Cuba. N.d.d. Embassy in Venezuela. "Servicios consulares solicitud de documentos a Cuba." [Accessed 23 Dec. 2021]

Havana Times. 28 October 2017. "Cuba Reduces Restrictions on Cubans Abroad." [Accessed 6 Apr. 2020]

Inter Press Service (IPS). 8 March 2018. "2017: Cuban Civil Society During Election Time." [Accessed 23 Dec. 2021]

Lawyer. 8 April 2020. Telephone interview with the Research Directorate.

Miami Herald. 4 January 2018. Nora Gámez Torres. "If Your Parents Are Cuban, You May Be Eligible for Citizenship – But There's a Catch." [Accessed 3 Apr. 2020]

Additional Sources Consulted

Oral sources: Florida International University – Cuban Research Institute; immigration lawyer in Canada who has worked with Cuban clients; immigration lawyer in Cuba; immigration lawyers in the US who have worked with Cuban clients (8); lawyer in Canada who also practices law in Cuba; US – Law Library of Congress.

Internet sites, including: ArenabaH Abogados&Consultores; Asylum Research Centre; CiberCuba; Cuba – embassy in Mexico City, embassy in Ottawa, Ministry of Foreign Affairs, Ministry of the Interior; Cuba en Miami; Cuba LegalInfo; Deutsche Welle; Diario de Cuba; Diario las Americas; Directorio Cubano; ecoi.net; EU – European Asylum Support Office; France – Office français de protection des réfugiés et apatrides; France 24; Granma; Infobae; International Institute for the Study of Cuba; Juriscuba; OnCuba News; Radio France internationale; Radio Televisión Martí; Razones de Cuba; Reuters; Tampa Bay Times; UN – Refworld; US – Citizenship and Immigration Services, Library of Congress; Univision; Voice of America.