Since the Cuban Revolution of 1959, Cubans have left the island in several waves due to the political and economic situation. The immigration policy of the United States (US), which became the main destination of the Cuban diaspora, also played a role. For a long time, Cubans could obtain a permanent residence permit for the US one year after legal or illegal entry. Between 2021 and 2024, an estimated two million Cubans left their country amid a socio-economic crisis and political repression – the largest exodus since 1959.
Migration reform came into force in 2013 under President Raúl Castro, ending the restrictive migration policy of his predecessor and brother Fidel Castro. This reform made it easier for millions of Cubans to leave the country and return. However, not all Cubans can travel freely. Certain categories of workers, such as executives, certain doctors and top athletes, still need to apply for permission to leave the country. Additionally, the Cuban government reserves the right to refuse passport issuance and to deny its citizens entry or exit under specific circumstances.
The migration reform stipulates that Cubans who enter Cuban territory every 24 months retain all their rights in Cuba, as do Cubans with a permit to reside abroad (permiso de residencia en el exterior). Cuban citizens who leave the country illegally or stay abroad for more than 24 months without requesting permission are considered emigrants (emigrados). They lose their legal residence in Cuba as well as their political, economic and civil rights. If they wish to return to the country permanently, these Cubans can request repatriation from the national authorities.
In July 2024, the Cuban parliament passed a new migration law. At the time of writing, this law has not yet officially come into force.
Figures from the Immigration Office (DVZ) show that there have been few cases of forced return and refoulement from Belgium in recent years. The US resumed deportation flights to Cuba in 2023. Since then, Cubans have been returning to their country of origin every month. These flights continued after the inauguration of US President Donald Trump in 2025. Some people were arrested upon their return because they had left the country while on parole or had committed crimes prior to their departure. In 2025, Cuba also received deportation flights from other countries in the region.
According to experts and human rights organisations, the Cuban authorities act arbitrarily and discretionarily in the field of migration. The Cuban government uses legal criteria such as public interest and national security to deny its citizens entry or exit at its own discretion. Dissidents, critics, activists, artists and journalists are particularly vulnerable to arbitrary exit and entry bans. In such cases, they are referred to as regulados (literally: regulated). The Cuban government uses this term to refer to persons who are not allowed to travel abroad or return to Cuba after leaving the country. Persons in certain professional categories, such as medical specialists, are officially known as regulados, which means that they may only leave the country with special permission from the authorities. This permission can be refused arbitrarily. Furthermore, individuals who abandon an official overseas mission or who do not return to Cuba after completing an official overseas mission will be denied entry to the country for several years. They will be considered deserters, even if they are civilian personnel. Cedoca found no information regarding the treatment of military deserters and conscientious objectors upon their return. Experts suspect that Cuban mercenaries working for the Russian army will either be unable to return to Cuba or be convicted upon their return because of their participation in a foreign military conflict. Finally, Cubans with outstanding tax debts may also be subject to a travel ban.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.