Law July 30, 2015 118 - Change The Law June 28, 2010 118 E Subsequent Amendments (Law Sull

Original Language Title: Legge 30 Luglio 2015 N.118 - Modifica Della Legge 28 Giugno 2010 N.118 E Successive Modifiche (Legge Sull

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SAN MARINO


We the Captains Regent of the Most Serene Republic of San Marino


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
We promulgate and send for publishing the following ordinary law approved by the Great and General Council
its meeting on July 22, 2015:


LAW July 30, 2015 118

CHANGING THE LAW June 28, 2010 118 AND SUBSEQUENT AMENDMENTS
(LAW THE ENTRY AND STAY OF FOREIGNERS IN REPUBLIC
)


Art. 1

1. Article 1 of Law 118/2010, as amended is hereby amended as follows:

"
Art.1 (Purposes)

1. This Act regulates the requirements for the entry of foreigners into the territory of
Republic of San Marino, the criteria and procedures for granting the same permission of
stay and residence, control and sanctions procedures
be imposed in case of violation of the rules. ".


Art.2
1. Letters a) and b) of paragraph 1 of Article 2 of Law 118/2010, as amended
are amended as follows:

"1. For the purposes of this Act shall apply:
a) foreign: the natural person who is not citizen of San Marino;
B) Schengen area: the territory of the States party to the Schengen Agreement, signed
by the European Union in 1985 and subsequent amendments and additions; ".

2. Letter e) of paragraph 1 of Article 2 of Law 118/2010, as amended is hereby amended
:


"E) adequate housing: the building meets the requirements of Article 3, paragraph 4 of Law
31 March 2015 44" Provisions on subsidized housing "and subsequent amendments and additions
; ".
3
. Letter l) of paragraph 1 of Article 2 of Law 118/2010, as amended is hereby amended
:

"L) habitual residence: the actual permanence and stability in the Republic attested by the Gendarmerie
and / or by those responsible for public administration offices, subject to the absence due to health reasons
, work, study and holiday abroad, a legal proceedings, voluntary international
or acts of God when those involving prolonged absences from
territory for more than six months. ".


Art.3
1. Article 4 of Law 118/2010, as amended, is further amended thus:

"Art.4
(Communication of measures concerning the stranger)

1. If the alien does not understand the Italian language, the measures concerning him
concerning the entry, residence, expulsion and deportation are translated, even
briefly, in one of the following languages: English, French , Spanish, Russian, Chinese or Arabic with
preference to that indicated by the person concerned.
2. The Gendarmerie is empowered to make the notification of the measures making
the person concerned informed of the content through an interpreter. ".


Art.4
1. Article 5, paragraph 2, of the Law 118/2010, as amended is hereby amended as follows:

"2. Amounts for the land, the stranger from State not a party to the Schengen Agreement
must hold, if required, a visa valid for the entry, transit or stay
in a country belonging to the Schengen area. This provision applies also
to workers referred to in Article 11, which must be equipped with such a visa upon
granting of a residence permit. The alien must also be fitted with stamp
entrance into country belonging to the Schengen area, in the regular course of validity. ".


Art.5
1. Article 6 of the 118/2010 Act, as amended is hereby amended as follows:

"Art.6
(Time in the Republic)
​​
1. The stay in the foreign territory for periods of time exceeding thirty days
is subject to ownership of a residence permit or residence.
2. Foreigners who intend to remain in the territory for a period exceeding that established
in the preceding paragraph must, within that period, to present themselves to the Gendarmerie -
Foreign Office to advance the request for issuance of a residence permit.
3
. Foreigners who request a residence permit is subject to descriptive findings,
photos and fingerprints. ".



Art.6
1. Article 7, paragraph 2, of the Law 118/2010, as amended is hereby amended as follows:

"2. The release measures, extension, renewal, termination, revocation and
conversion of residence permits referred to in subparagraphs a), b) and c) above shall be adopted by

Gendarmerie - Foreigners Office, in accordance with the provisions of this Act. ".


Art.7
1. Article 8, paragraph 4, of Law 118/2010, as amended is hereby amended as follows:

"4. Foreigners who intend to stay in the territory for tourism and visitation
for a period of time exceeding thirty days is required to take out suitable insurance policy valid on the territory of the
Republic to cover the risk illness, accident and maternity as well as for
expenses for emergency hospitalization and repatriation costs, with a minimum coverage
be specified in a separate implementing regulation. ".

2. The regulation mentioned in the amendment of paragraph 4 shall be governed by Article 46.


Art.8
1. Paragraphs 1, 2 and 3 of Article 9 of the Law # 118/2010 and subsequent amendments are amended
:

"1. Special permission to stay is issued to an alien who intends to stay in the
Republic of San Marino for the following reasons:
a) education;
B) sport;
C) treatment, care, rehabilitation and rest;
D) worship;
E) international volunteering.
2. The special residence permit for educational reasons is issued to an alien who
frequent a course of study recognized by law, university courses over several years,
masters or doctorates in the territory of the Republic of San Marino, for the duration of the period of the course of study
and, in any case, for no longer than one year renewable. 3
. The arrangement referred to in paragraph 2 shall not apply in respect of nationals of countries with which special agreements
/ reciprocal agreements and the relevant permit for educational reasons
will be regulated in the manner provided in the appropriate delegated decree. ".

2. The delegated decree quoted in the amendment of paragraph 3 shall be governed by Article 46.
3
. Article 9, paragraph 9, of Law 118/2010, as amended is hereby amended as follows:

"9. For different cults from the Catholic one, notwithstanding the provisions of Article 7, paragraph 2, the
residence permit and the residence are granted by the Permanent Council Commission
Foreign Affairs, Emigration and Immigration, on proposal the Congress of State and prior

Reasoned opinion and compulsory Gendarmerie - Foreign Office; the request must be linked to the presence
recorded and recognized by the competent authority of a community of that
particular cult. ".


Art.9
1. Letters a) and b) of paragraph 2 of Article 10 of Law 118/2010, as amended
are amended as follows:

"A) seasonal with a maximum validity of twelve consecutive months, renewable annually at
due within a maximum period of thirty days. After three consecutive renewals permission
it means interrupted and the person must submit a new application; Temporary
b) with a maximum validity of twelve consecutive months, renewable annually at
due within a maximum period of thirty days. After three consecutive renewals permission
it means interrupted and the person must submit a new application ".

2. To paragraph 2 of Article 10 of Law 118/2010, as amended, after the letter e)
is the following point e) bis:
Special
"e-bis) for employees and family members of Start Up Company as regulated by
Law 71 of June 26, 2013, by the Chief Executive Decree 116 of July 24, 2014, by the Decree
Chief 28 January 2015 10 and by the Delegate Decree 32 of March 18, 2015. ".

Art. 10

1. Article 10, paragraph 4, of Law 118/2010, as amended is hereby amended as follows:

"4. The temporary residence permit for work can be issued to foreigners
falling within job categories not listed in the previous paragraph, which, among other
, assistant elderly, people with disabilities and the family, identified in the decree delegate
in Article 19 and which, at the specific request of the employer, was granted anything- work precludes
to fulfill tasks and certain tasks for a limited period and
defined. " .
Art.11


1. After Article 10 of Law 118/2010, as amended, introduced the following
Article 10-bis:

"Art. 10-bis
(Residence permit for vacation / work programs)

1. The residence permit for participants to holiday / work programs is issued to an alien
that you attend one of these programs under the arrangements between the Republic of San Marino and
other Member, subject to compliance with quotas input under decree
delegate referred to in Article 19 and within the limits and conditions laid down in those agreements.

2. The stranger, whose name will be communicated to the Secretariat of State for Foreign Affairs
through diplomatic channels, can enroll in a special list prepared by the Office of Labor and
will get a clearance work for the duration maximum of twelve months, of which no more than six
for each employer.
3
. The residence permit for participants to holiday / work programs can have lasting
maximum of twelve months and is not renewable.
The alien in possession of a residence permit for participants to holiday / work programs,
holding a go-ahead to work, are entitled to equal treatment and full equality of rights and duties with respect
to San Marino citizen and the resident alien in relation
provision, by the Institute for Social Security and for the period of validity of anything- preclude
, to:
a) health services;
B) temporary economic performance. ".
Art.12


1. Article 11 of 118/2010 Law, as amended, thus further modified:

"Art.11
(special residence permit for maritime)

1. The crew member employed under a regular employment contract, referred to in Articles 3 and 4
Delegate Decree 103 of July 3, 2008, it shall, if necessary in accordance with current legislation,
be provided with permission to special for seafarers issued by the Gendarmerie -
Foreign Office.
2. The special residence permit for seafarers, with a maximum duration of twelve months
year, can be renewed, but may not in any case exceed the duration of the employment contract
. 3
. The residence permit referred to in this article only applies to carry
of navigation provided for in the employment contract and can not be transformed into other types of
permits.
4. The residence permit referred to in this article may be requested by the owner or by the maritime
.
5. The Gendarmerie and / or offices in charge of Public Administration in collaboration with
the Authority for Civil Aviation and Maritime Navigation will take care to ensure that staff
crew of the vessel for which it calls for the release of residence permit referred to in this article
to be large for the size and type of boat. ".
Art.13


1. Article 12, paragraph 4, of Law 118/2010, as amended is further amended so
:

"4. Workers from countries outside the Schengen area must have their entry visas
, not for tourism, in that space, where this is provided for by the Schengen Agreement.
This provision applies to all types of residence permits for work covered by this
law, including the one mentioned in the preceding article. ".

Art.14


1. Article 13, paragraph 2, of the Law 118/2010, as amended, thus further modified
:


"2. The resident may request the issuance of ordinary residence permit for the following family
:
a) spouse not legally separated and for which the separation procedures,
dissolution or termination are not in the course of civil effects or marriage annulment;
B) child aged up to 25 years legitimate, recognized natural or adopted, that it results in his
load, provided that not being married or cohabiting partner, and, in the case of minors, provided that
the other parent, if known, and in life, has given his consent or such
consent has been authorized by the decision of the judicial authority;
C) legitimate child, recognized natural or adopted, that is against him, if not in
able to provide for themselves due to disability.
Except for reasons of force majeure, by duly proven by the permit applicant, the
family reunification must be requested within twelve months from the date of immigration to
Republic of the permit applicant, or the date on which the beneficiary ripened
requirements. ".
Art.15


1. Article 13, paragraph 5, of the Law 118/2010, as amended is hereby amended as follows:

"5. The duration of ordinary residence permit is one year, renewable at maturity
within a maximum period of thirty days. ".
Art.16


1. Paragraph 6 of Article 13 of Law 118/2010, as amended is repealed.
Art.17


1. Paragraph 10 of Article 13 of Law 118/2010, as amended is repealed.
Art.18


1. Article 13 of Law 118/2010, as amended, after paragraph 10 are added
the following 10-bis, 10-b, 10-c and 10-d:


"10-bis. The parent of child survivor foreign citizen resident in San Marino, age
not exceeding 25 years, legitimate, recognized natural or adopted, that is against him
, provided no spouse or cohabiting partner, may require
allowed ordinary residence permits provided that the conditions set out in this
law.
10-ter. The Permanent Council Commission Foreign Affairs, Emigration and Immigration
may grant permission to ordinary living even outside of
requirements referred to in paragraph 10 bis for justified reasons, if there are social or family conditions that
require the presence of a parent in the territory of the Republic
.
10-quater. The alien in possession of an ordinary residence permit may apply for ordinary residence permit
for the cases covered by points b) and c) referred to in paragraph 2.

10-quinquies. Permission to ordinary residence may be issued to the person whose partner
paragraph 1, letter a) and a-bis) of Article 15 after the expiry of five years continuous
. ".

Art. 19

1. Article 14 of 118/2010 Act, as amended is hereby amended as follows:

"Art. 14
(Permits to stay extraordinary humanitarian needs for social protection)

1. The residence permit may be issued to an alien extraordinary in case of special
humanitarian needs of social protection. Permission to stay extraordinary
issued for those requirements entitles the delivery of health services and temporary economic performance
by the Institute for Social Security and the opportunity to work in
Republic.
1-bis. The residence permit extraordinary is also issued to victims of trafficking and victims of violence
, as defined by international instruments for the protection of human rights
ratified by the Republic of San Marino, in view of their personal circumstances and / or for the
their cooperation in investigations or criminal proceedings. The release is subject to
positive opinion of the Authority for Equal Opportunities that even with the aid of
offices and public services, will make the necessary findings.
2. The residence permit is temporary extraordinary.
May be renewed annually until the persistence of social protection needs and, for the victims of trafficking and victims of violence
, it is renewed on the basis of the indications of the Authority for Equal Opportunities or
dell ' Judicial authority.".
Art.20


1. Article 15, paragraph 1, of the Law 118/2010, as amended is hereby amended as follows:

"1. The citizen and the stranger resident by birth and actually
Republic may request the issuance of permissions:
a) to coexistence, in favor of the foreigner with whom intend to live together as husband and wife;
A-bis) for coexistence in favor of the foreigner, for cohabitation to charitable purposes and mutual aid
;
B) parental, in favor of the parent, or their spouse, no longer of working age, who do not
is self-sufficient and whose children are resident or holding a residence permit in
Republic. " .
Art.21


1. Article 15, paragraph 4, of Law 118/2010, as amended is hereby amended as follows:

"4. The loss of the status of partner referred to in paragraph 1, letters a) and a-bis), involves
stopping to allow coexistence. ".
Art.22


1. Article 15, paragraph 5, of the Law 118/2010, as amended, is further amended so
:

"5. The allowance for living together referred to in paragraph 1, letters a) and a-bis), gives the opportunity to access
to work in the Republic in the form of permits for cross-border, in accordance with current rules and
Priority with respect to cross-border themselves. ".
Art.23


1. Article 15, paragraph 7, of Law 118/2010, as amended is hereby amended as follows:

"7. The foreigners married or living together as husband and wife, both holders of residence permits
for work in the Republic, may request the issuance of permit for minor
in favor of minor children born of their union or jointly adopted. The duration of this permit is
linked to the period of validity of the residence permit of the parents unless a different prescription
of the judicial authority. The permit is issued by the Permanent Council Commission
Foreign Affairs, Emigration and Immigration and entitles enrollment in courses of study and professional training
. ".
Art.24


1. Article 16, paragraph 1, of the Law 118/2010, as amended, after the letter b)

The following are added b-da) and b-ter):

"B-bis) to the son of a naturalized resident of San Marino and the son of San Marino resident
become such by marriage;
B-ter) the legitimate child, recognized natural or adopted child aged up to 25 years provided that
no spouse or cohabiting partner, that is payable by the foreign parent residing
under point a ). In the case of minors it is necessary that the other parent, if known
and in life, has given his consent or has been authorized by the
a legal proceedings. ".
Art.25


1. Article 16, paragraph 3, of Law 118/2010, as amended is hereby amended as follows:

"3. The Permanent Council Commission Foreign Affairs, Emigration and Immigration, on
proposal of the State Congress and the mandatory opinion of the Gendarmerie, has the power to grant
my residence or permission to stay in favor of ordinary foreigners:
a) are of senior positions or of primary importance in health facilities or social-health
San Marino, in banks, insurance and financial or in matters of public security
;
B) are of executive positions or paramount in law
San Marino companies that occupy a significant number of employees;
C) invest capital that they have already invested in the territory, including through subsidiaries or companies being
in economic-entrepreneurial activities with guaranteed
employment and real estate investment commitments related / instrumental activities;
C-bis) submit financial plans-programs which have a particular interest
and are considered strategic for the Republic;
C-ter) will give and commit themselves to donate to the Republic of complex cultural heritage, social
or of general interest to the community and ensure the accessibility and usability,
without entailing necessarily an economic investment by
applicants;
C-c) will be marked by internationally recognized achievements in
science, art and culture.
The residence can not be granted in the presence of the circumstances under paragraphs 1 and 2 of the following article
.

The registered residence in favor of aliens referred to in paragraph c), authorized by the Commission
Permanent Council Foreign Affairs, Emigration and Immigration in the face of established company,
will be released only after the formation of the company and
to the payment of the entire share capital.
The Commission also grants the registered residence in favor of the courts of first instance having
the obligation of residence in the Republic.
The points b), c), c-bis), c-b) and c-c) in relation to the specific documentation and certification
may be subject to further regulation with appropriate delegated decree. ".
Art.26


1. Article 16 of Law 118/2010, as amended, after paragraph 3 the following are added
3-bis, 3-ter and 3 quater:

"3-bis. The Permanent Council Commission Foreign Affairs, Emigration and Immigration, on
proposal of the State Congress and the mandatory opinion of the Gendarmerie, has the power to extend
my residence or ordinary residence permit, granted in the case
covered in a), b), c), c-bis), c-b) and c-c) of paragraph 3, in favor of:
a) spouse not legally separated and who are not in during the separation procedure,
dissolution or termination of the civil effects or marriage annulment;
B) child aged up to 25 years legitimate, recognized natural or adopted, that it results in his
load, provided that not being married or cohabiting partner, and, in the case of minors, provided that
the other parent, if known, and in life, has given his consent or such
consent is authorized by order of the judicial authority;
C) legitimate, natural or adopted, that is against him, if it is not able to
provide for themselves due to disability.
3-ter. Ten years ago by an entry in the register of residents and acquitted expected commitments
, after verification of the relevant offices referred to in Article 17, paragraph 5, and the Gendarmerie
regarding the existence of the requirements of paragraphs 1 and 2 of Article 17 and on
habitual residence, the residence means established and the measure is extended to members of the family cohabiting
core.
3-quater. The persons referred to in Article 16, paragraphs 3 and 3-bis, must be independently

Possess the necessary means to ensure their livelihood and their health care needs
for the first twenty-four months in the territory of residence if no exercise
employed. Health care for that period must be ensured by giving
taking out special insurance policy for the risk of illness, injury and maternity and health care
with minimum annual coverage of 30,000.00 euro. ".

Art. 27

1 Article 16, paragraph 6, of the Law 118/2010, as amended is hereby amended as follows:

"6. The Officer of the Civil State proceeds directly to enrollment by birth in the population registry
:
a) where only one parent is requesting citizen residing in San Marino;
B) when both parents are foreign residents on the territory, or is resident the mother alone;
C) when the foreign father is a resident and the mother is the holder of a residence permit.
The Civil Status Officer in the cases referred to in a), b) and c) shall register within thirty days
from the date of birth if the birth occurred abroad. In the event that there has already been
membership by birth in another State or request for registration of the child arrives after the
term of thirty days, it will be necessary to present ordinary immigration application. ".
Art.28


1. Article 16 of Law 118/2010, as amended, after paragraph 6 the following paragraph 6 bis
:

"6-bis. The Officer of the Civil State shall register in the register of the resident population of less
who is temporarily deprived of a suitable family environment, it is entrusted with
provision of social services or the competent judicial authority, to a family or a single person
resident in the Republic or to a family-type community based in the Republic, in order to assure the maintenance
, education and education. The residence can be maintained even
after they attain the age of the borrower, provided the custody court is not
revoked before the age of eighteen years of age. The foster family may request
residence permit ordinary as an alternative if there is an indication to that effect by
the authority of the State of origin of the child entrusted. ".
Art.29


1. Address book, and paragraph 1 of article 17 of Law 118/2010 and subsequent amendments are amended
:

"Art. 17
(Prohibitions concession and cases of withdrawal of the residence permit, the permits referred to in Article 15
and residence)

1. The residence permit and the permit referred to in Article 15 shall not be granted in case of
slope in the Republic or abroad criminal proceedings for intentional crimes for which provision is made
application of the imprisonment penalty or interdiction of more than one year or penalties
equivalent abroad. ".
Art.30


1. Article 17, paragraph 2, of the Law 118/2010, as amended is hereby amended as follows:

"2. The residence permit and the permit referred to in Article 15 shall not be granted or renewed in the following cases
:
a) have reported in the Republic or abroad convicted of the intentional crime to the punishment of imprisonment or
interdiction more than one year;
B) existence of important reasons of public order and security;
C) being the recipient in the ten years preceding the measure of expulsion from the Republic;
D) had been recipient of Article 33 of the removal order;
E) it has been the recipient in the previous ten years of revocation of the residence permit
or residence as a result of irregularities in the position of the data;
F) to be in the presence of impediments to entry or transit or stay in countries
part of the Schengen area, reported or known to the Gendarmerie. ".
Art.31


1. Article 17, paragraph 4, of Law 118/2010, as amended, is further amended so
:


"4. The revocation of the residence permit and the permit referred to in Article 15 is arranged in the following cases
:
a) has failed habitual residence in the Republic;
B) any impediments to the conditions provided for in paragraph 2, letter a), b) and f);
C) that person is the recipient of the measure of expulsion from the territory of the Republic;
D) there has been the loss of the person concerned of the requirements and / or conditions that
determined the original permit issuance. A person who had been granted permission to stay in
reason of cohabitation as husband and wife with a national or resident in a foreign territory

Following the birth of children recognized by both retains the right to renewal of
allowed to stay in the Republic in the event of termination of cohabitation as husband and wife
on condition that their children continue to reside in the Republic and that the applicant maintains
ordinarily resident in the Republic;
E) the police authorities or officials of the Chamber of Labour Office Inspectorate seize the stranger
holder of a residence permit for work to carry out a working activity
different from that in relation to which It was issued the permit;
F) the police authorities or officials of the Labour Office Inspectorate Section seize the stranger
not have a residence permit for work to carry out a working activity
. ".
Art.32


Article 17, paragraph 5, of the Law 118/2010, as amended, is further amended so
:

"5. The residence is revoked by the Registrar Status:
a) where it failed habitual residence in the territory for more than six months;
B) if the Permanent Council Commission Foreign Affairs, Emigration and Immigration
notifies the registrar, after the Office reference in consultation with Industry
the Department of Foreign Affairs, out of business or the non-fulfillment of these conditions
respect of which was started the business in Republic that led
granting residence under Article 16, paragraph 3;
C) if, following the obligation of communication to the Office Industry
by the employer or the person about the changed conditions under which the activity was initiated in
Republic that led to the granting of residence pursuant
Article 16, paragraph 3, the Permanent Council Commission Foreign Affairs, Emigration and Immigration
notifies the registrar to revoke;
D) if the Permanent Council Commission Foreign Affairs, Emigration and Immigration
communicate to proceed with the revocation of the residence in the cases referred to in paragraph 2. The Office
Industry, in charge of the monitoring office law relates
least annually on the results of the investigation to the Permanent Council Commission
Foreign Affairs, Emigration and Immigration. ".
Art.33


1. Paragraph 6 of Article 17 of Law 118/2010, as amended, is hereby repealed.
Art.34


1. Article 17, paragraph 7, of Law 118/2010, as amended is hereby amended as follows:


"7. In case of refusal to grant or renewal of a residence permit and denial
of granting residence or revocation of the same, the applicant can not submit a new application
facility until at least one hundred and twenty days from the date of communication
the negative decision. ".


Art.35
1. Article 17 of Law 118/2010, as amended, after paragraph 7, the following paragraphs are added
7-bis, 7 ter and 7 quater:

"7-bis. The revocation order has effect one hundred and twenty days from the date of notification of the same
while respecting the general principles set out in Law 160 of October 5, 2011.
Also against the same legal remedies are remedies available under Title IV of the Act 28 June 1989
68.
7-ter. The Permanent Council Commission Foreign Affairs, Emigration and Immigration
will assess, on the basis of references to the competent authorities, on the maintenance of the residence
ends of the person referred to in paragraph 3 of Article 16, in case the professional conditions or
business investment have changed with respect to the issuance of the residence itself.
The Commission may require the persons concerned all the documentation and certification
it deems appropriate for the maintenance of the residence.
7 quater. The State Congress has also delegated to adopt, within six months from the entry into force
of this Act, special regulation which will govern the withdrawal procedure and the related controls
mode by the Gendarmerie and / or from the offices in charge of Public Administration
. ".
Art.36


1. After Article 19 of Law 118/2010, as amended, introduced the following
Article 19-bis:

"Art.19-bis
(special provisions for the granting of an ordinary residence permit)

1. The Permanent Council Commission Foreign Affairs, Emigration and Immigration, after
documented and reasoned application of the person concerned, subject to the references of the Gendarmerie - Office

Foreigners and deemed competent Offices, may consider granting, not covered by the law, permission to stay Special ordinary and extraordinary

cases for those who have lived for a total period of more than fifteen years.
2. The Permanent Council Commission Foreign Affairs, Emigration and Immigration,
in relation to the applications referred to in paragraph 1 shall act by a two-thirds majority of the Commission members
. ".
Art.37


1. Article 20, paragraph 1, of the Law 118/2010, as amended is hereby amended as follows:

"1. The managers of the hospitality businesses referred to in Articles 14, 15, 16, 17, 18 and 19 of Law 27 January 2006
22 are required to apply to an alien to show an identity document
underway validity and to make him decline the personal data. The identity of the foreigner, and the duration of stay in the Republic
reasons, the details of the passport or identification document,
to be communicated to the Gendarmerie-Foreign Office or the individual of
Brigades
Gendarmerie within twenty-four hours of arrival, by fax or other information tools that
will be provided in the related regulations. ".

2. The regulation mentioned in the amendment of paragraph 1 shall be governed by Article 46.

Art.38


1. Article 26, paragraph 2, of the Law 118/2010, as amended is hereby amended as follows:

"2. The Office of the Register of Mortgages and not proceed with the registration of contracts or acts of
in the preceding paragraph which is not accompanied by a copy of the residence permit. For students
referred to in Article 9, paragraph 2, which do not require a residence permit will be accompanied by a copy of the registration document
to current school. ".
Art.39


1. Article 30 of 118/2010 Act, as amended is hereby amended as follows:

"Art.30
(Annual report on the granting of residence permits and residencies)

1. The Gendarmerie - Foreign Office prepares annually a detailed report on
granting of residence permits and residencies; This report must be submitted to
State Congress and the Permanent Council Commission Foreign Affairs by 30 September of each year
.
2. The Congress of State shall submit the report specified in the preceding paragraph to
Great and General Council at the same meeting set for ratification of the delegate decree
referred to in Article 19. ".
Art.40


1. Article 31 of Law 118/2010, as amended, after paragraph 4 is added
following paragraph 4-bis:

"4-bis. The employer or the person referred to in Article 17, paragraph 5, letter c), are
punished for the offense with an administrative fine in the fixed sum of € 5,000.00
. ".
Art.41


1. Article 31, paragraph 5, of the Law 118/2010, as amended is hereby amended as follows:

"5. The penalties referred to in paragraphs 1, 2 and 3 are imposed by the Commander of the Corps of Gendarmerie
; those referred to in paragraphs 4 and 4a are imposed by the Executive Office of Labor. ".
Art.42


1. Article 33, paragraph 1, of the Law 118/2010, as amended is further amended so
:


"1. In addition to the cases provided by the Criminal Code or other laws, the Police Corps have
authority to order the foreigner without a valid permit to stay or reside in the Republic
leave immediately or within a reasonable period the territory of the Republic and not to get
return without prior authorization when:
a) stays in escaping Republic to controls;
B) it is held in the Republic without having applied for a residence permit or residence on
prescribed period, or the residence permit has expired and has not been requested
renewal, unless the delay both due to force major, or when the residence permit
was revoked, canceled or not renewed;
C) it is devoted to criminal trafficking or habitually lives, even in part, with the proceeds of criminal activities
;
C-bis) there are important reasons of public order and security. ".



Art.43
1. Article 33 of Law 118/2010, as amended, after paragraph 11 is added
The following paragraph 11 bis:

"11-bis. The removal order in respect of cases where residence permits for work purposes
will oblige the person to leave the territory of the Republic excluding the terms
introduced in Article 15 of Delegated Decree 3/2011. ".

Art. 44

1. Article 35 of 118/2010 Act, as amended is repealed.

Art.45


(Transitional Provisions)

1. The Permanent Council Commission Foreign Affairs, Emigration and Immigration, at the request
and after verification of the requirements to obtain it, grant residence to the spouse
and the son of the parties referred to in Article 16, paragraph 3 of the law 118/2010 and subsequent
changes, which have obtained permission to ordinary permit issued for family reunification
under Article 13, paragraph 2, of the 118/2010 Act, as amended, and
to persons to whom the residence has been revoked pursuant to paragraph 6 of Article 17 of the Law
118/2010, as amended.


Art.46 (Implementation Regulation)

1. Within three months of entry into force of this Act, the State Congress is authorized to take appropriate
decree which shall govern the procedures for submitting applications for residence
and residence and its annexes to new types arranged and
for further aspect of the execution and implementation of the provisions contained in this
law.
2. The State Congress has also delegated to adopt, within six months after entry into force of this Act
, special decree that may be necessary to supplement the provisions of
same.



Art.47 (consolidated text regarding entry and stay of foreigners in Republic)
​​
1. The Congress of State undertook to adopt with its own resolution,
within ninety days after the entry into force of this Act, a Coordinated Text of the existing rules governing the entry and residence of foreigners in
no significance legislation Republic and
mere purpose of cognition.


Art.48 (Entry into force)

1. This Law shall enter into force on the thirtieth day following that of its legal publication
.



Our Residence, this day of July 30 2015/1714 dFR



THE CAPTAINS REGENT
Andrea Belluzzi - Roberto Venturini



THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Gian Carlo Venturini