DRAFT DECREE LAW OF THE REPUBLIC OF SAN MARINO DECREE - LAW 170 of October 18, 2011 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law 15 183 of December 2005 and article 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 the Law of June 28, 2010 118, as amended by Article 16 of Delegated Decree 18 January 2011 3, concerning residents in the Republic, under penalty of cancellation of dozens of people from the Register of resident population; 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; Having regard to Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2, of the Qualified Law n.186 / 2005; Promulgate and publish the following Decree-Law: 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 the Law of June 28, 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 15 of Law 28 June 2010 n. 118 and subsequent amendments and additions, 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. ". 2 Art. 3 Article 17, paragraph 6, of the Law 28 June 2010 n. 118 is replaced by: "6. In the case referred to in paragraph 1, letter a), Article 16, the residence shall be immediately withdrawn in case of legal separation or de facto dissolution or termination of the civil effects of marriage not preceded by separation or annulment of the same event at the wedding it is not effectively cohabit followed for at least 5 years, unless the marriage is born offspring. The revocation of the residence also extends to children born from another marriage or relationship. ". Art. 4 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, shall 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 18 October 2011/1711 THE CAPTAINS REGENT Gabriele Gatti - Matteo Fiorini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta