Traditionally, foreigners in Cuba could only acquire permanent residency by marrying a Cuban citizen or having Cuban children. Alternatively, those without such connections but with interests in Cuba could obtain "real estate resident" status by purchasing or leasing property in designated complexes.

However, a bill for a new Migration Law suggests that Cuban authorities might now be considering offering residency to affluent foreigners or those willing to invest in the country.

Article 50(c) of the draft law allows foreigners with notable personal attributes to apply for residency. This provision states that individuals demonstrating significant professional qualifications or international acclaim in areas such as science, sports, culture, or the arts may qualify for permanent residency. Importantly, it also implies that foreigners with “substantial wealth” could be granted permanent residency in Cuba.

The draft does not specify what qualifies as "substantial wealth" or the evidence required to prove it. These details, though likely to be addressed in the law's regulations, should not be managed lightly or with the typical opacity of the Cuban regime, especially given the Ministry of the Interior's involvement in drafting the law.

Criteria for wealthy foreigners to gain residency should undergo public scrutiny and discussion. Vague and non-transparent handling of this issue could turn Cuba into a safe haven for individuals who have amassed wealth through illicit means and are wanted by other jurisdictions. 

The case of John McAfee, the American millionaire who lived on his yacht in Havana’s Marina Hemingway while evading U.S. authorities, highlights these risks. Nearly secret procedures and unclear regulations regarding foreigners' access to permanent residency based on wealth could have allowed someone like McAfee to apply for and secure permanent residency, enabling him to live freely in Cuba instead of being confined to a marina. This would set them apart from other international fugitives residing in Cuba under unclear legal conditions.

The draft law not only provides a pathway for wealthy foreigners to obtain permanent residency in Cuba but also seeks to extend this status to "young foreign individuals or families with professional qualifications and financial solvency that enables them to settle in the country." This represents a shift in the Cuban authorities' approach to foreign settlement. Foreigners will no longer be limited to obtaining permanent residency solely through connections to Cuban citizens. Instead, the proposal indicates that the new objective of Cuban authorities is for Cuba to become, like other Latin American countries, a destination where foreigners can settle and spend their money, regardless of their ties to locals.

This ambition requires careful evaluation because, if implemented, it could lead to gentrification and displacement issues seen in other parts of Latin America. However, in Cuba's case, realizing this goal may take time, as the availability of goods and services that would allow foreigners to maintain living standards comparable to their home countries is still very limited.

To broaden this offering, the proposal also suggests using "permanent residency" as a lure to attract other foreigners, especially those interested in investing in small or medium-sized enterprises or in priority development projects for Cuba.

The draft highlights that permanent residency could be granted to foreigners demonstrating "wealth intended for business ventures or investment in development projects or national priorities, or those linked to state or private economic sectors."

For the first time, the Cuban regime plans to offer permanent residency to foreign investors, providing a new level of assurance that did not previously exist.

While the option of obtaining permanent residency nominally improves the situation for foreigners looking to settle in Cuba, it does not offer an absolute guarantee against arbitrary rights violations once they acquire this status.

The new Foreigners Law, to be approved alongside the Migration Law, outlines conditions that foreign residents must meet during their stay in Cuba. Non-compliance with these conditions, as assessed unilaterally by the Ministry of the Interior (Minint), could lead—regardless of the foreigner's immigration status—to expedited expulsion or deportation.

Unlike the current law, the new Foreigners Law permits administrative and judicial appeals against expulsion or deportation decisions, but it does not ensure that filing such appeals will suspend the execution of the decision. This could result in immediate deportation, especially if the individual is detained in the "Foreigners Migration Center."

Moreover, even if deportation is not immediate, the effectiveness of any legal challenge against decisions made by repressive entities like the Minint is very limited in Cuba. Cuban courts lack independence, and the Minint operates with significant discretion. Thus, foreigners planning to settle in Cuba, regardless of whether they become permanent residents, will always face the lack of legal security typical of a country that cannot be considered a rule-of-law state.