No Regional Movement Treaty Reaches Latin America - What Crosses Is Pension Contributions
Answer
The general rule applies to you
No exception is recorded for citizens of Cuba on this topic. That is the answer, not a gap - everything below is the rule you get, unchanged.
91 exceptions recorded across 34 countries · none match Cuba to Spain · Residency under a regional treaty
Spain belongs to a free-movement regime and it is the European Union's, which reaches nationals of member states, of the European Economic Area and of Switzerland and nobody else. There is no Ibero-American equivalent: nothing lets a Chilean or a Mexican enter and stay in Spain the way a CARICOM or Mercosur national can in their own region. What does exist between Spain and the region is a social security treaty - the Convenio Multilateral Iberoamericano, signed at Santiago in 2007 and in force since 1 May 2011 - and it moves contribution periods, not people. Its own text makes effectiveness depend on a second instrument: the Application Agreement, which states have signed one at a time.
At a glance
- A regional movement treaty with Spain
- None
The free-movement regime Spain is in is the Union's, and it reaches member states, the European Economic Area and Switzerland.
- What the Ibero-American convention moves
- Social security contribution periods, not residence
- In force since
- 1 May 2011
Article 31.1, after ratification by seven states.
- Ratified by, at that date
- Bolivia, Brazil, Chile, Ecuador, El Salvador, Spain and Portugal, then Paraguay
- What makes it effective for a state
- Signing the Application Agreement, separately
In April 2011 only Spain and Bolivia had signed it; Chile signed on 1 September 2011.
- Whether it is effective for your country today
- Not answerable from the two notices read here
Signatures are published one by one as they happen, and we have read two of those notices.
What applies to you
Nothing changes for a citizen of Cuba
We have no rule recorded that treats your citizenship differently here, so the general rule above is the one that applies to you. That is an answer, not a gap.
What the law says
«Conforme a lo previsto en su artículo 31.1, la entrada en vigor del Convenio se producirá el 1 de mayo de 2011, tras la ratificación de siete estados: Bolivia, Brasil, Chile, Ecuador, El Salvador, España y Portugal; posteriormente también ha sido ratificado por Paraguay. No obstante, de acuerdo con ese mismo artículo, la efectividad del Convenio queda condicionada a la firma por dichos Estados del Acuerdo de Aplicación que lo desarrolla. Hasta la fecha, el Acuerdo de Aplicación solamente ha sido firmado por España el 13 de octubre de 2010 y por Bolivia el 18 de abril de 2011.»Entry into force, the seven ratifying states, and the condition that decides whether any of it reaches a reader: the Application Agreement, which in April 2011 two states had signed.
Read it at the sourceAbout this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source
«El 1 de septiembre de 2011 la República de Chile ha procedido a la firma del Acuerdo de Aplicación del Convenio Multilateral Iberoamericano de Seguridad Social, hecho en Lisboa el 11 de septiembre de 2009, así como al depósito de sus respectivos Anexos debidamente cumplimentados.»One later signature, published on its own. The pattern is the point: the state of play is assembled from separate notices rather than published as a list.
Read it at the sourceAbout this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source
Practical notes
This record says what is not there, which is the honest answer for a reader who expects Spain to work like Mercosur or CARICOM. The movement answer is on the entry, work and residence records.
The convention's own text was published in the gazette of 8 January 2011 and is not among the documents read here. What is quoted is the ratification instrument and one later signature notice.
Which states have signed the Application Agreement today is a question these two notices cannot answer, and the record says so rather than guessing from the most recent one we happen to hold.
- issuesInstrumento de Ratificación del Convenio Multilateral Iberoamericano de Seguridad Social
Agencia Estatal Boletín Oficial del Estado
About this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source
- issuesAcuerdo de Aplicación del Convenio Multilateral Iberoamericano - firma por Chile
Agencia Estatal Boletín Oficial del Estado
About this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source