DRAFT DECREE LAW OF THE REPUBLIC OF SAN MARINO DECREE - LAW 28 December 2011 204 (Ratification Decree - Law 170 of October 18, 2011) We the Captains Regent of the Most Serene Republic of San Marino The Decree - Law 170 of 18 October 2011 - "Changes and additions to the Law 28 June 2010 n. 118 - Law on the input and the stay of foreigners in the Republic ", promulgated: Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law and Article 183 of December 15, 2005 12 of the Qualified Law 184 of 15 December 2005, namely: a) the necessity and the urgency to act quickly on the provisions of Article 39, paragraph 3, of Law 118 of June 28, 2010, as amended by Article Chief Executive Decree 16 of January 18, 2011 3, concerning residents in the Republic, under penalty of cancellation of dozens of people from the population registry resident; b) the need and urgency to clarify the provisions of Article 15, paragraph 5, of the Law 28 June 2010 n. 118, as amended by Article 7 of the Chief Executive Decree 18 January 2011 3, in order to prevent the non-application thereof by the Labour Office; Given the decision of the Congress of State 7 adopted at its meeting on 4 October 2011; Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council at its meeting on 22 December 2011; Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005; We promulgate and publish the final text of the Decree - Law 170 of October 18, 2011 as amended as a result of the amendments approved by the Great and General Council at the time of ratification: AMENDMENTS AND SUPPLEMENTS TO THE LAW June 28, 2010 No. 118 - LAW tHE ENTRY AND STAY oF ALIENS iN tHE REPUBLIC Art. 1 After paragraph 8 of Article 13 of Law 28 June 2010 n. 118, as amended, the following paragraphs are inserted: "9. Foreign spouses of San Marino residents may, as an alternative to the provisions of article 16, paragraph 1, letter a) of this Law, request the issuance of ordinary residence permit for family reunification requirements referred to in this article. 10. The city had become so by naturalization or marriage may request the issuance of ordinary residence permit, referred to in paragraph 2, letter b) of this Article, for children born prior to the acquisition of citizenship of San Marino. ". Art. 2 Article 13, paragraph 6, of the Law 28 June 2010 n. 118 and subsequent amendments is replaced by the following: "6. In the case referred to in paragraph 2, letter a) of this Article, the residence permit will be immediately withdrawn if it is ascertained that the couple is not effectively cohabit followed for at least 5 years, unless the marriage is a minor born offspring to date of separation, of dissolution or termination of the civil effects of marriage or annulment. The revocation of the residence permit is also extended children born of another marriage or relationship. The revocation order has 120 days from the date of adoption of the decision. ". Art. 3 Article 15 of Law 28 June 2010 n. 118, as amended, after paragraph 9 is added the following paragraph: "10. The renewal measures and extension of parental leave, for coexistence and for minors referred to in this Article, granted by the Permanent Council Commission Foreign Affairs, Emigration and Immigration, they are adopted by the Gendarmerie - Foreign Office there to remain the conditions present at the time of issue, and if appropriate, of further indicated in the decision to grant. ". Art. 4 Article 17, paragraph 6, of the Law 28 June 2010 n. 118, as amended, is replaced by the following: "6. In the case referred to in paragraph 1, letter a) of Article 16 residence shall be immediately withdrawn in the event of legal or de facto separation, dissolution or termination of the civil effects of marriage not preceded by separation or annulment of the same if the marriage does not the actual cohabitation is followed for at least 5 years, unless the marriage was born children under age at the date of separation, of dissolution or termination of the civil effects of marriage or annulment. The revocation of the residence extends to children born from another marriage or relationship. The revocation order has 120 days from the date of adoption of the decision. ". Art. 5 Article 39, paragraph 3, of the Law 28 June 2010 n. 118 replaced by art. Chief Executive Decree 16 of January 18, 2011 # 3, is replaced by the following: "3. The provisions of the present law, unless explicit ruling, apply to all
pending situations and regulated differently from the previous legislation. The provisions of the upper article 13, paragraph 6, shall also apply in the event of marriage or cohabitation having taken place or start before the entry into force of this Act. The provisions of the upper article 17, paragraph 6, shall apply to cases of legal separation or de facto dissolution or termination of the civil effects of marriage not preceded by separation or annulment of the same, which have taken place since the entry into force of this Act. ". Given at Our Residence, this day of 28 December 2011/1711 THE CAPTAINS REGENT Gabriele Gatti - Matteo Fiorini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta