LAW

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;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on June 24, 2010:


LAW June 28, 2010 118


LAW THE ENTRY AND STAY OF ALIENS IN THE REPUBLIC





TITLE I (General Principles)



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 rules on stay of foreigners in the Republic.


Art.2 (Definitions)

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 on
June 14, 1985, as subsequently supplemented by the Implementing Convention on
19 June 1990;
C) cross-border worker: dependent on foreign workers, employed in the territory, not
possession of residence or a residence permit in the Republic of San Marino,
resident or domiciled or resident in the Italian Republic where he returns every day;
1
d) migrant worker means an alien who emigrate for work demands
temporarily or permanently in the Republic of San Marino from the country of origin;
E) adequate housing: the building meets the requirements of Article 3, paragraph 6 of the
Law 110 of December 15, 1994 "Consolidated and reform of the provisions relating to subsidized housing
" and subsequent additions and modifications;
F) state: foreign country of which the foreigner is a national or in which it is regularly
resident or resident;
G) country of origin: State in which the alien has entered the territory of the Republic
;
H) registered address: the residence in the Republic resulting from population registers;
I) actual residence: the actual place of residence in the Republic, attested by the Gendarmerie;
L) habitual residence: the actual permanence and stability in the Republic, attested by the Gendarmerie
.


Art.3 (Rights and duties of the foreigner)

1. The Republic of San Marino recognizes the stranger still present in the territory
fundamental human rights provided for by domestic law, the Conventions International
into force and by the generally recognized principles of international law.
2. The foreigner is recognized equal treatment with citizens of San Marino relatively
to judicial protection of the rights and legitimate interests. 3
. The alien present in the Republic has the right to contact the authorities of the country
of nationality, provided there are no serious reasons motivated and impediments inherent
administration of justice, the protection of public order and safety national.
4. The alien present in the territory is bound to keep the duties prescribed by law.


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, or Russian, with preference for
that indicated by the person concerned.


TITLE II

(ENTRY AND STAY IN REPUBLIC)



Art.5 (Entrance Republic)
​​
1. The entry and stay in the territory are allowed to the foreigner in possession of
valid passport or equivalent document.
2. To the purpose of entry and stay in the territory, the foreigner coming from State
not adhering to the Schengen Agreement must have, if required, a visa valid
for entry, transit or stay in a country belonging to the Schengen area.
This provision shall also apply to workers covered by Article 11, which shall be provided with such
seen when granting a residence permit.
2 3
. He can not make entry into the Republic expelled foreigner or expelled from the territory, except
that obtained by the State Congress the necessary permission to return, and the reported

By the competent authorities of other States for serious reasons of security, public order and protection of
international relations.


Art.6 (Time in the Republic)
​​
1. The stay in the foreign territory for periods of time exceeding twenty 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 referred to in the previous 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.7 (Types of residence permits)

1. Residence permits are distinguished:
a) tourism;
B) special;
C) for business purposes;
D) ordinary;
E) overtime.
2. The release measures, extension, renewal, cancellation and conversion of
residence permits referred to in subparagraphs a), b) and c) above shall be adopted by the Gendarmerie -
Foreign Office, in accordance with the provisions of under this Act. 3
. The release measures, renewal and revocation of residence permits referred to higher
paragraph 1, letters d) and e) shall be adopted by the State Congress, the mandatory opinion of the Gendarmerie
- Foreigners Office.
4. Simultaneously with the issuance of a residence permit, is delivered to a foreign
written communication in Italian or, in case of failure to understand that language, in one of these languages ​​
: English, French, Spanish or Russian, with preference to that indicated by the person
. The report shall set out the rights and duties of the foreigner and the
penalties applicable to infringements of the rules on entry and stay in
Republic.


Art.8 (Residence tourist stay)

1. Permission tourist permit is issued to a foreigner who intends to stay in the
Republic of San Marino for tourist reasons and visit.
2. The permit is valid for not more than 90 days every six months. 3
. The alien who has a residence permit tourist can not carry out activities
working and is not entitled to the provision of free health services or of any provision of
economic or welfare type by the Institute for Social Security and of the state.
4. Foreigners who intend to stay in the territory for tourism and visit for a
older than 20 days time period is required to conclude appropriate 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 the implementing Regulation referred to in Article 36.
3
5. Where a foreign national in possession of a tourist permit is caught by
Gendarmerie or by officials of the Chamber of Labour Office Inspectorate to play a
work, the Gendarmerie - Foreigners Office shall immediately revoke the permit and | || expulsion from their territory, without prejudice to other penalties provided by law.


Art.9 (special residence permit)

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.
2. Special permission to stay for educational reasons is issued to an alien who frequent
actually upper secondary school and university courses for the duration of
period of the course of study and, in any case, not more than a year . 3
. In the case of attendance of university courses over several years, the residence permit
special education or can be renewed on expiry, provided that the
alien has taken at least one-third of the exams included in the curriculum for the academic year preceding
.
4. The special residence permit for sporting reasons is issued to the national interest
athletes, coaches and foreign coaches, who are employed at sports clubs affiliated to
CONS, for a maximum duration of eleven months a year, with the possibility renewal for equal period
to the persistence of the requirements for which it was issued. To professional athletes who are employed
racing to sports clubs dependencies San Marino, in possession of no impediment to work or

Of employment contract endorsed by the Office of Labor and recorded, can be issued special residence permit
sports grounds for the maximum period of one year, with possibility of renewal for equal period
to the persistence of requirements for which it was issued.
5. Subject to the existence of bilateral agreements governing the matter differently, the
alien who has a residence permit for special education purposes or sport does not
entitled to the provision of free medical care nor any provision economic or welfare
by the Institute for Social Security and the State; Foreigners who intend
require such a permit is required to take out suitable insurance policy valid on the territory of the Republic
to disease risk coverage, accident and maternity and to produce documentation
attesting that they have sufficient means to their livelihood and adequate housing
for the duration of the stay.
6. The residence permit for treatment, care, rehabilitation and rest is issued to an alien
and any accompanying family that want to avail, entirely at its own
expenses, assistance, care, rehabilitation, or resting at the State Hospital or at other facilities
health, social care, social rehabilitation, socio-public or private welfare
San Marino for the duration of the entire hospital stay or stay at the property.
7. Where a foreign national in possession of a special residence permit for study purposes or for reasons
assistance, care, rehabilitation or rest is caught by the Gendarmerie or by officials of the Office
Section Department of Labour to carry out an activity work, the Gendarmerie -
Foreign Office proceeds to the immediate revocation of the permit and expulsion from their territory.
8. The residence permit and the residence of the ministers of the Catholic Worship
are governed by the agreement with the Holy See, ratified by Decree 30 June 1992 n. 47.
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 - Foreigners Office.
4


Art.10 (residence permit for work purposes)

1. The residence permit for work is issued to an alien who has been issued by the
work permit Jobs in numbers and conditions foreseen by the law
.
2. The residence permit for employment purposes can be:
a) seasonal valid up to 11 consecutive months per year, renewable annually;
B) Temporary valid up to 11 months consecutive year, renewable annually;
C) special for crew members of boats San Marino, valid for not more
to the duration of the employment contract and in any event not longer than 11 consecutive months per year, renewable annually
. 3
. The residence permit for seasonal work purposes may be issued to an alien falling
in job categories of tourism, hospitality, commercial and agricultural, stationary
prejudice to the fulfillment of entry quotas established in the delegated decree referred to ' Article 19, and the
which, at the specific request of the employer, was granted clearance from working for
fulfill certain tasks and duties related to the seasonal needs.
4. The temporary residence permit for work can be issued to foreigners
falling within job categories not mentioned in the preceding paragraph and identified in the decree delegate
referred to in Article 19 and which, at the specific request of the employer job, has been granted
go-ahead working to fulfill tasks and certain tasks for a limited period
and defined.
5. The alien in possession of a residence permit for work is recognized
equal treatment and full equality of rights and responsibilities to the citizens of San Marino and the
resident alien with regard to the provision, as part of '
Social Security Institute, to:
a) health services;
B) temporary economic performance;
C) annuities economic performance;
D) payment of the allowances specified in Decree 26 April 1976 n.
15 and subsequent additions and modifications for dependent family members in possession of permission to ordinary living.
6. In order to obtain a residence permit for work purposes, the foreign national must

Produce the Gendarmerie - Foreign Office a certified copy of the declaration of employer
work referred to in Article 12 and the clearance work.
7. The migrant seasonal or temporary employee is required to comply with the conditions set
in the residence permit and to return to their countries upon expiry of the same.
In such a case has the right of way for the return to the Republic in the following year for reasons of
work seasonal or temporary in relation to nationals of the same country who have never officially
entry in the territory for reasons of work.
8. The residence permit for work can not be issued to cross-border worker
.


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 3 July 2008 n. 103, must be provided with special permission to stay to maritime
released by the Gendarmerie - Foreign Office after obtaining the go-ahead to
work issued by the Labor Office.
2. Special permission to stay to maritime, lasting up to 11 months a year,
may be renewed but may not in any case exceed the duration of the employment contract.
5 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 will take care to ensure that the personnel manning the vessel for which
requested to issue a residence permit referred to in this Article is proportionate to the size of the vessel
.


Art.12 (Authorisation to work for employed migrant workers)

1. In order to issue the go-ahead for work migrant worker, subject
existing provisions on job placement, the employer must submit to the Office
declaration containing: || | a) guarantee by the employer of the availability of adequate housing for the worker
;
B) information on the tasks which will be used as the foreign worker and
commitment from the employer to communicate any variation in the employment relationship, however
surrounding labor types referred to in Article 19;
C) guarantee from the employer payment of travel expenses for the return of the worker in the country
membership.
2. The declaration referred to in the preceding paragraph shall be made on special forms available at the counters
Labour Office and must be made personally by the person concerned to
presence of an official of that office. 3
. The release of the go-ahead for work migrant worker takes
by the relevant bodies and public offices in accordance with the provisions of the delegated decree referred to in Article 19.
4. Workers from countries outside the Schengen area will have to be provided with transit visas
in that space, where this is provided for by the Schengen Agreement.
This provision applies to all types of residence permits for work governed by this Act, including the one referred to in Article
above.


Art.13 (ordinary residence permit)

1. Permission to ordinary residence may be granted to an alien for reasons of family reunification
and duration depends on the duration of residence of the prime subject of
family in whose favor it was issued.
2. The resident or in possession, upon entry into force of this Act, permit continuous stay
for business reasons, may request the issuance of a residence permit ordinary
for the following family members: || | a) the spouse not legally separated and who are not going on the procedures
separation, dissolution or termination of the civil effects or marriage annulment;
B) child aged up to 25 years legitimate, it recognized natural or adopted, that is to
its load, provided it is not married or cohabiting partner, and, in the case of minors, a condition that
the other parent, if known, and in life, has given his consent
that such consent has been delivered by 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 and for study.
3
. The residence permit can also be issued to the ordinary person cohabiting with
uxorio or foreign citizen by birth and actually resident in the Republic, in
following the birth of his son recognized by both. Interested parties must not be married
6
or, in the case of marriage, must have obtained judicial separation. The request
residence permit must also be signed by the cohabiting partner residing in
Republic.
4. Foreigners who request family reunification must demonstrate the availability:
a) adequate shelter for themselves and their families, for which you intend to apply for
reunification;
B) an adequate annual income to support themselves and their families for which you intend to apply for reunification
. The minimum annual income will be stated in the decree referred to in Article 19. Managing

5. The duration of ordinary residence permit is one year, renewable on expiry.
6. In the cases referred to in paragraph 2, letter a) a residence permit is immediately revoked
if it is ascertained that the couple is not effectively cohabit followed for at least five years,
except by marriage is born offspring.
7. The residence permit issued to the alien ordinary falling under the categories referred to above
paragraphs 2, letters a), b) and c) and 3 allows, in the case of minors, signing up for courses of study or of
professional training.
8. When those entitled to the issuance of ordinary residence permit are not covered
risk illness, accident and maternity, they are required to obtain insurance valid
in the territory of the Republic with the features that will be determined in | || implementation Regulation referred to in Article 36.


Art.14 (residence permit for extraordinary humanitarian needs of 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.
2. Permission to extraordinary stay is temporary and can be renewed annually
up to the persistence of social protection needs.


Art.15 (Permits for coexistence, Parental or minor)

1. The citizen and the foreigner by birth and actually resident in the Republic may request the issuance of permit
:
a) to coexistence, in favor of the foreigner with whom intend to live together as husband and wife;
B) parental, in favor of the parent, or their spouse, no longer of working age, that is not self-sufficient
and whose children are resident or holding a residence permit in the Republic
.
2. The permit applicant must:
a) to demonstrate the availability of adequate housing to the core that is intended to establish;
B) to demonstrate the availability of an adequate annual income to the core livelihood that
intends to set up or, in the case of parental leave, a parent's income
adequate to support themselves;
C) if the parties to the permit referred to in this Article are not covered for the risk
illness, accident and maternity, to take out appropriate insurance policy valid on the territory of the Republic
to cover these risks, having the features that will be indicated in the
implementation Regulation referred to in Article 36. 3
. The allowance for living together and parental is granted by the Gendarmerie -
Foreign Office for a term of one year, with possibility of renewal for equal period.
7
4. The loss of the partner qualifies as husband and wife cause for immediate revocation of
allowed for coexistence and for expulsion.
5. The allowance for living together gives the opportunity to have access to work in the Republic in the form of permits
for frontier, prior clearance from the Distribution fee.
6. The Permanent Council Commission Foreign Affairs, Emigration and Immigration
can grant parental leave in the absence of the requirements referred to in paragraph 1, letter b) of this Article
for justified reasons, in the presence of serious social or family conditions | || require the presence of a parent in the household and provided that the conditions referred to in paragraph 2. upper

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 minors in favor

The minor child born from their union. The duration of this permit is linked to the term of the
allowed the parents' room. 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.16 (Residence)

1. The residence is granted by the Registrar Status:
a) the spouse of a resident of San Marino, by virtue of the marriage;
B) the son of the town of San Marino in accordance with Law 30 November 2000 n. 114
as amended by Law 17 June 2004 n. 84.
When the person concerned has been convicted by final judgment to the criminal penalty of imprisonment or
interdiction for a period exceeding one year or equivalent sentences abroad for
non unintentional crimes, the Permanent Council Commission Foreign Affairs, Emigration and Immigration,
at the proposal of the State Congress will consider the granting of the residence
taking into account the type of offense and the time in which it was committed.
2. The Permanent Council Commission Foreign Affairs, Emigration and Immigration grants
residence, after verification of the requirements to obtain it, the foreigner who lives in a stable and effective
in the Republic in favor of whom has been granted permission to stay in the ordinary
Article 13, after the expiry of five years from the date of issue of the ongoing
residence permit. With reasoned decision the Commission may refuse to grant
residence. 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 in favor of foreigners:
a) are of management positions or 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 in the San Marino law companies that occupy a significant
number of employees;
C) invest capital that they have already invested in the territory, including through subsidiaries
, in productive activities with a guarantee of employment commitments, purchase of
industrial factories, the business plan submission, or invest in capital search
or in areas of particular interest to the Republic.
The residence can not be granted in the presence of the circumstances under paragraphs 1 and 2 of the following article
.
The Commission also grants the registered residence in favor of the courts of first instance having
the obligation of residence in the Republic.
4. The residence is granted:
8
a) indefinitely in cases referred to in paragraph 1 of this Article. The same, however, is
revoked if the person concerned has ceased to be habitually resident in the territory for more than six months
or, in the case of the spouse, under the circumstances referred to in paragraph 6 of the next
Article;
B) for the duration of the professional and working in the Republic in the cases referred to in paragraph 3 of this Article
unless exempted for stays in excess of this period
may be granted by the Commission in a reasoned opinion .
5. The procedures, the additional documentation that the applicant is required to provide in order
achievement of the residence and the reporting burdens borne by employers in cases of
where the top paragraph 3, letter a) and b) are established by the Regulation for the implementation of which

Article 36. 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 only
mother;
C) when the foreign father is a resident and the mother is the holder of a residence permit.


Art.17 (Prohibitions concession and cases of revocation of the residence and the residence permit)

1. The residence permit is granted in the case of grade in the Republic or abroad
criminal proceedings for intentional crimes for which is provided for the application of the penalty of imprisonment or
interdiction more than one year or penalties equivalent abroad.
2. The residence permit is not 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 expulsion measure by
Republic;
D) had been recipient of Article 33 of the removal order;
E) it has been the recipient in the ten years prior to the revocation of the permit
visa or residence as a result of irregularities in the position of the person concerned
;
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. 3
. The residence permit is also not renewed if both failed
habitual residence in the Republic.
4. The revocation of the residence permit is arranged in the following cases:
a) has failed habitual residence in the Republic;
B) any of the impediments provided for in the preceding paragraph, letters 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
had determined the original permit issuance;
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
.
5. The residence is revoked by the Registrar Civil Status if it failed the habitual residence
in the territory for more than six months or if the competent authority that the person concerned
9
or the employer signal the change of residence or closing down in
Republic that led to the granting of the former residence-Article 16, paragraph 3 of this Act
.
6. In the case referred to in the first paragraph, letter a) of Article 16, the residence is immediately revoked
in case of legal separation or de facto marriage if the actual
coexistence is not followed for at least five years, unless the marriage is born offspring.
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 180 days from the date of communication
the negative decision. Meanwhile it is required to leave the territory of the Republic.


Art.18 (Special provisions for revoking the residence permit for employment purposes
)

1. The loss of work by foreigners in possession of a residence permit for work purposes
not result in the immediate revocation of the residence permit, except in case of resignations
.
2. The withdrawal of a residence permit for work is, however, prepared in the following cases
:
a) in the case of the holder of a residence permit for purposes of seasonal employment if, within three months from the date
of termination of employment for which it was granted
residence permit, the foreigner can not find a new occupation of the same type of work
former Article 19. to this end, a migrant worker who has become unemployed
it is registered for up to three months in a special list to be set up
at the Office of Labour;
B) in the case of the holder of a residence permit for temporary employment reasons
if within three months from the date of termination of the employment relationship in respect of which had been
granted a residence permit the alien does not find a new occupation of
same type of work under Article 19. to this end, a migrant worker who has become unemployed
is registered for up to three months in a special list to be set up
at the Labour Office. 3
. While ensuring observance of the quotas established by delegated decree set forth in
article, the lists referred to in paragraph 2 have previously, in order to begin
at work, compared to migrant workers who has never been previously released
allowed to stay for business in the Republic.
4. The Regulations referred to in Article 36 will regulate the aspects related to health coverage
in the period in which the holder of a residence permit does not exercise work.


Art.19 (delegated decrees for the regulation of migration flows for work and extraordinary needs
)


1. By 30 November each year, the State Congress adopts delegated decree in which
is fixed the maximum number of residence permits referred to in subparagraph c) of paragraph 1
Article 7, which may be issued foreigners in the year following the year of adoption of the decree
.
2. The number of residence permits for work purposes releasable every year in relation to the individual types
referred to in Article 10 paragraph 2 is identified by the State Congress
basis of information provided by the trade associations and by Organizations trade union, after
acquisition of binding opinion of the Gendarmerie - Foreign Office and the Office of Labor;
to this end, the Labour Office provides guidance, in an articulated way to qualifications or duties,
10
on employment and unemployment rates, on job vacancies
remained unanswered for lack of availability of workers who are nationals, residents or cross-border and the number and
about the professionalism of migrant workers eventually enrolled the lists provided for in Article 18, paragraph 2.

3. The delegate decree referred to in this article also identifies sectors and working
tasks for the performance of which is admitted hiring migrant workers, indicating
specifically in connection with such work types are
releasable residence permits with a term seasonal or temporary.
4. The use of migrant workers should be only used in the event of it being impossible to use
citizens or foreign residents or cross-border workers.




TITLE III (INPUTS AND CONTROL ON THE STAY OF ALIENS IN THE REPUBLIC
)



Art.20 (Obligations of complaint)

1. The managers of the hospitality businesses referred to in Articles 14, 15, 16, 17, 18 and 19 of Law 27 January 2006 n
. 22, property owners or those in possession under the law or a contract
housing and housing damage, any consideration or not, to a stranger
are expected to require you the performance of an identity document valid and to make him
decline the personal data. The generality of the foreigner, the duration and the reasons for living in
Republic, the details of the passport or identification document, must be communicated to the Gendarmerie-
Foreign Office or the individual Gendarmerie Brigades within 24 hours || | arrival, by fax or other information tools that will be provided for in the Regulations referred to in Article 36.

2. The managers of the hospitality businesses referred to in Articles 14, 15, 16, 17, 18 and 19 of Law 27 January 2006 n
. 22, are also required to write down the personal data relating
guests accommodated and exhibiting visibly in special paper or computer registers a sign which are
indicated the obligations imposed on foreigners in relation to denunciation of its presence and to stay in
Republic. 3
. The sign referred to in the preceding paragraph shall be distributed by the Gendarmerie-
Foreign Office.


Art.21 (Exempt from the obligation to report and / or from that
to obtain the residence permit)

1. There is actually referred to in Article notifiable above in relation to
stay in the Republic of the following categories of aliens:
a) diplomatic and consular representatives accredited in the Republic;
B) diplomatic and consular representatives of the Republic;
C) the spouse and dependent children of diplomatic and consular representatives referred to earlier
a) and b).
2. If foreigners referred to in the previous paragraph intend to remain in the territory for a
period longer than 20 days, they are exempt from the obligation to obtain a residence permit tourist
; in such cases, the Department of Foreign Affairs, after reporting by the representatives
11
diplomatic or consular concerned shall communicate the details of their stay in the territory of the above entities to
Gendarmerie - Foreigners Office.


Art.22 (of the foreigner identification)

1. At all times the stranger, though equipped with a regular residence permit or residence
may be invited by the Gendarmerie to provide information and clarification on him or her account and
the reasons for which is in the territory of Republic as well, when there are well founded reasons
, on the availability of an income, from work or from other sources, sufficient to sustain
own and possibly of families living in the territory of the Republic: to this end, the

Residence permit or passport or other identification document must be produced
every request of the Gendarmerie.
2. If there are reasonable grounds to doubt the identity of the foreigner, they
observe the procedures provided for in Article 2 of Law 25 July 2003 n. 97.


Art.23 (exit and re-entry into the territory)

1. The alien who has a residence permit is required to notify in advance to the Gendarmerie
- Foreign Office:
a) the intention to leave the territory of the Republic for more than 30 days;
B) their re-entry into Republic following upper expulsion to 30 days;
C) any change in the place of stay.


Art.24 (Prohibition of hosting or giving accommodation foreigner without a residence permit)

1. The managers of the hospitality businesses referred to in Articles 14, 15, 16, 17, 18 and 19 of Law 27 January 2006 n
. 22, the homeowner or the one who has possession under the law or
a contract, can not in any way, onerous or free, host and provide accommodation to foreign
for a longer period of time to 20 days if the alien does not hold a residence permit
.


Art.25 (Purchase of properties located in the territory by foreign citizen
)

1. The purchase of real estate sites in the territory of San Marino is not subject to prior authorization of the Council of
XII (Book XXXIV Book III of the Statutes) in the case of foreigners,
descending in a straight line, or to the foreign national spouse San Marino or foreign
resident deceased, which have become heirs by intestate succession or testamentary.


Art.26 (Provisions relating to the signing of contracts
for a concession in the enjoyment of a foreign estate)

1. The contract under which the foreigner holds the property in the territory of San Marino
intended for accommodation must contain, under penalty of nullity, explicit mention of the ownership of the
residence permit to an alien head. This document must be attached, on pain of nullity,
the same contract.
12
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.


Art.27 (Provisions relating to the supply of water, electricity, gas)

1. Before proceeding to the signing of contracts for the supply of water, electricity and gas, the Company
Autonomous State for Public Services (AASS) is required to verify the possession by the applicant of a security
regularly suitable registered at the Register of Mortgages
regarding the availability of the property the subject of the request for activation of supply.




TITLE IV (COOPERATION BETWEEN THE BODIES OF POLICE AND BETWEEN THE PUBLIC AND MONITORING OF IMMIGRATION
)
FLOWS


Art.28 (Cooperation between the Police Corps)

1. Corps of Gendarmerie, the Civil Police and the Uniformed Unit of
Fortress Guard are expected to cooperate and coordinate at technical and operational level in order to ensure
most effectively compliance with the provisions referred to in this law and to counter
phenomena of crime linked to illegal immigration.


Art.29 (Register of foreigners in the Republic)
​​
1. The Gendarmerie - Foreign Office keeps a constantly updated list of foreign
present in the Republic.
2. For the purposes of the preceding paragraph, the Office of Labor is responsible for communicating to
Gendarmerie Office-Foreign players:
a) the names and data of migrant workers recruited or employees, in any capacity, from employer | work || operating in the Republic;
B) a copy of the special list referred to in Article 18, paragraph 2. 3
. The Gendarmerie - Foreign Office is also required to notify the Office of Civil Status
Services Demographic and electoral concession, renewal measures, revocation of permits
ordinary living, for work and overtime.


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 by September 30 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.




13
TITLE V

(SANCTIONS)



Art.31 (Administrative penalties)

1. Anyone who does not observe the provisions of Article 20 shall be punished for the first offense
with an administrative fine to the extent of € 1,000.00 = fixed, and for the second offense
with the sanction of Euro 2,000, 00 =.
2. Anyone who does not observe the provisions of Article 24 shall be punished for the first offense
with an administrative fine to the extent of € 2,000.00 = fixed, and for the second offense
with the sanction of Euro 5,000, 00 = for every foreigner illegally hosted. 3
. Aliens who do not fulfill the provisions of Article 23 shall be punished for the first offense
with an administrative fine in the fixed sum of Euro 750,00 =
and for the second offense the penalty of € 1,500 , 00 =.
4. The employer who, in breach of the undertaking by signing the
declaration referred to in Article 12, paragraph 1, omit the
ILO for communicating any change in the working relationship with the foreign, it shall be punished for the first offense
with an administrative fine to the extent fixed Euro 1.000,00 = and for subsequent offenses
with Euro = 2,000.00 sanction.
5. The penalties referred to in paragraphs 1, 2 and 3 are imposed by the Commander of the Gendarmerie Corps
; the one referred to in paragraph 4 by the Executive Office of Labor.
6. Such fines shall be updated by delegated decree and the same is allowed
administrative appeal pursuant to Title IV of Law 68 of June 28, 1989.


Art.32 (Penalties)

1. Anyone who presents false documents or false or untrue statements in support of
demand for a residence permit or residence shall be punished with imprisonment or with the arrest of a second
grade or daily fine of third degree pursuant 'Article 297 of the Criminal Code, in addition to
rejection of the application or revocation of the permit of stay or residence.
2. Whoever forges or alters a residence permit or a residence document or
forges or alters documents in order to determine the release of a residence permit or residence
he shall be punished with imprisonment of the second degree. If the falsity concerns an act or part of an act that makes
faith to be false the penalty of imprisonment is applied in maximum degree.
If the offense is committed by a public official, the penalty of imprisonment and interdiction from public offices
third degree. 3
. A foreigner who, without good reason, fails to provide information or does not present
documentation useful for the purposes of its identification in violation of the provisions of Article 22
shall be punished with first-degree imprisonment or a fine in days of the second degree.
4. The employer you occupy to employ foreign workers without a residence permit
for work or whose permit has been revoked or has expired and which
was not asked, in terms of law, the renewal, shall be punished with the arrest of the third degree and with
fine of Euro 5,000.00 = per worker illegally employed.
5. In case of repeated recurrence in violation of the provisions of Articles 23 and 24
the offender is punished with the arrest of the third degree and a fine of Euro 10,000.00 =.
6. In case of repeated recurrence in violation of the provisions of Article 20
the offender shall be punished with first-degree imprisonment and a fine of Euro 15,000.00 = for every foreign
illegally hosted. Managers of hospitality businesses referred to in Articles 14, 15, 16, 17,
14
18 and 19 of Law 27 January 2006 n. 22 applies, also, the penalty of disqualification from
profession of First Instance.
7. In case of relapse in the breach referred to in paragraph 4 of this Article, the employer
work shall be punished with imprisonment and disqualification from the profession of First Instance and a fine of EUR 10,000.00 =
per worker illegally employed.
8. In a judgment of conviction of a foreigner for the crime in relation to which the Commissioner considers
Law to apply the penalty of imprisonment or interdiction
by not more than one year, the above sentence can be replaced with measure of expulsion of foreigners from the Republic
territory.
9. A foreigner expelled from the territory of the Republic can not make you return earlier than
ten years after the imposition of the measure and without having first obtained a special license
to be issued by the Congress of State on the advice of the Gendarmerie mandatory
- Foreign office.

10. A foreigner who violates the order of expulsion from the territory or falling illegally
Republic before the expiration of the ten-year period referred to in this law, or without obtaining special permission
to re-entry by the State Congress is punished with imprisonment
second degree, in accordance with Article 365 of the Criminal Code.
11. The imposition of the penalty referred to in the preceding paragraph does not exclude the implementation of coercive measures
expulsion to be carried out as a result of the Atonement of captivity.
12. The forced execution of expulsion measures is by the postponement, in the middle of
public force of the foreigner to the state of origin.


Art.33 (Expulsion from the territory of foreigners)

1. In addition to the cases provided by the Criminal Code or other laws, the Gendarmerie has the power to order the
foreigner without a valid permit to stay or reside in the Republic to leave immediately or within a reasonable period
the territory of the Republic and
not return without authorization if the alien:
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 living normally, even in part, with the proceeds of criminal activities
.
2. The minutes relating to the removal order will be sent within forty-eight hours a
Law Commissioner, who, if they meet all requirements, the validation on subsequent
ninety-six hours. The foreigner has the right to remain in the Republic up to the validation of
measure. 3
. The expulsion decision must be notified to the alien
recipients of services. If the alien does not understand the Italian language, they will be translated into
by the person chosen language from English, French, Spanish or Russian.
4. An appeal against the expulsion decision, adopted pursuant to this article
, the foreigner may appeal within a deadline of ten days from their
notification to the Administrative Judge of Appeal in the forms provided for in Article 34 of the Law
28 June 1989 n. 68. The appeal does not suspend enforcement of the measure.
5. Aliens who do not fulfill the order or illegally evade or falls
territory without the required authorization is liable to imprisonment for second degree under Article 259 of the Criminal Code
, subject to immediate forcible removal from the territory of San Marino.
6. In case of relapse in the infringement referred to in the previous paragraph shall apply the penalty of imprisonment
second degree.
15
7. The forced removal of the foreigner from the territory of the Republic is by
delivery of the same, by the Gendarmerie, the State of origin and / or membership.
8. When the alien is prosecuted and is not found in pre-trial
in prison custody, the police authorities, before performing the removal, requires clearance
judicial authority, which may deny it only in the presence of mandatory procedural requirements; In this case
the enforcement of the order is suspended until the judicial authority shall notify the
cessation of procedural requirements.
9. Obtained authorization, the police authority shall expulsion in the manner referred to in paragraph 7.

10. The foreigner prosecuted or dismissed by
administrative territory of the Republic is authorized to re-enter in order to take part in the judgment or at
performance of acts for which his presence is required, for the time necessary | || exercise of the right of defense. The authorization is issued by the Foreigners after
resolution to that effect of the judicial authority, properly request the relative or
his defender.


Art.34 (Provisions against illegal immigration and the smuggling of migrants)

1. Whoever, in order to profit even indirectly, performs acts aimed at procuring illegal entry
of one or more persons in the territory of the Republic in violation of applicable provisions
on forensic and on residence and residence permit He shall be punished with imprisonment and third-degree
daily fine of the second degree.
The same penalty applies to anyone who, in order to gain profit even indirectly, performs acts aimed at

Procuring the illegal entry of a person or persons in any country of which the person is not a citizen or
has no residence title.
2. The penalties referred to in the preceding paragraph shall be increased by one degree:
a) whether, to obtain entry or illegal stay, the person has been exposed to danger
for his life or his safety;
B) if, in order to obtain entry or illegal stay, the person has been subjected to
inhuman or degrading treatment;
C) if the offense is committed using forged documents or altered or illegally obtained
. 3
. If the facts referred to in paragraph 1 shall be made in order to recruit persons for prostitution or other
sexual exploitation or where they concern the entry of minors by
used in illicit activities, the penalty of imprisonment is increased by two degrees and applies the third degree
fine.
4. For crimes envisaged in the preceding paragraphs the judge may apply the penalty lower degree
against the accused who will seek to prevent the criminal activity from resulting in
further consequences, concretely helping the police authorities or the judicial authority in
collection of key evidence necessary for the reconstruction of the facts, for the detection or capture
of one or more offenders and for the theft of resources relevant to the consummation of the crimes.
5. Outside of the cases provided for in the preceding paragraphs and unless the fact constitutes a more serious offense,
anyone, in order to gain an unfair profit, favors by illegal means the alien
stay in the territory of the Republic in violation of the provisions regulations on forensic and
on residence and residence permit, shall be punished by imprisonment and daily fine of
second degree.
6. Unless the fact constitutes a more serious offense, whoever, in order to commit the crime of trafficking
migrants or allowing others the commission, forges or alters a
travel document or identity, or purchases, receives, It holds, sells or uses a travel document or identity
counterfeit or altered shall be punished with imprisonment of third degree.
16
7. In the cases provided in the preceding paragraphs it is always mandatory confiscation of the things that
served or were destined to commit the offense and the things that are the price, the product or
profit. Where confiscation is not possible, the judge imposes the obligation to pay a sum of money
equal to the value of the amounts listed above.
The things confiscated or amounts equivalent thereto shall be referred to the authorities, if necessary, destroyed.
8. E 'subject to the law of San Marino citizen who commits outside the territory of the State the misdeeds
mentioned in this Article.
The law of San Marino shall also apply to an alien who commits outside the territory of the State
crimes referred to in this article, if present in the territory of the State and where they can not
extradition under the law of San Marino , to treaties or international agreements.
Do not proceed to the citizen or the stranger if any of the following conditions
:
1) who has been tried and acquitted abroad;
2) that, convicted abroad, he has run entirely the sentence imposed by the sentencing judgment
, although to an extent less than that stipulated in this Law;
3), convicted abroad, has made any part of the sentence imposed by the sentencing judgment
if the executed sentence of not less than the minimum required by this Act
penalty.
9. In the course of police operations aimed at fighting the illegal immigration, the
police may inspect and inspection of vehicles and goods transported
when, also in relation to specific local circumstances and time, there
reasonable grounds to believe that they can be used for one of the offenses to which this article
.


TITLE VI SPECIAL PROVISIONS





Art.35 (residence permit special diplomat and special residence permit for the diplomatic service
)

1. The stranger in the service of a diplomatic mission accredited and headquartered in the territory of the Republic
, with diplomatic representative qualification, administrative and technical employees,
the mission of service personnel, has issued a permit for special diplomatic living.
2. The spouse and their dependent children and household members, the diplomatic representative or employee of an administrative and technical
this mission in the territory have been granted a residence permit special diplomatic
maturing on the same date of the permit to stay Special diplomat

The diplomatic representative or other administrative and technical employee whose concerns. 3
. Arrivals and departures of employees of diplomatic missions, their spouses and children
well as any changes occurred in the families must be promptly
communicated through diplomatic channels to the Department of Foreign Affairs, which shall so inform the || | Gendarmerie - Foreign Office Command.
4. The permit of stay is revoked when special diplomatic mission accredited
notification to the Department of Foreign Affairs, through diplomatic channels, the termination of the assignment of personnel
in his service; the Department of Foreign Affairs shall immediately notify
to the Command of Gendarmerie - Foreign Office and other offices concerned.
5. To foreigners to service, as private domestic staff of diplomatic representative
or administrative employee of a diplomatic mission accredited and present in
Republic has issued a special residence permit for diplomatic service, the duration || | 17
can not exceed that of the special permission of the diplomat or diplomatic representative
reference administrative employee.
6. The grant of special diplomatic residence, as well as the special residence permit for
diplomatic service of the private domestic staff, regardless of
period of ownership of the same, does not produce effects for the purpose of a possible grant request | || of residence and does not confer any right to citizenship.




TITLE VII (TEMPORARY AND FINAL)



Art.36 (Implementation Regulation)

1. Within two months of the 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, the establishment of special registers
referred to in Article 18, the procedures for the preparation of the decrees referred to in Article 19
well as any further aspect of the execution and implementation of 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 thereof.


Art.37 (International agreements and connection arrangements with current legislation)

1. They are subject to the provisions contained in international agreements ratified by the Republic
.
2. The issuance of citizenship by naturalization referred to Read 30 November 2000 n.
114 and n. 115 and subsequent additions and modifications done in favor of foreigners in possession of registered residence and effective
for the period indicated in the aforementioned laws that permit
stay later converted into registered residence and more effective for the period
indicated in the aforementioned laws.


Art.38 (Verification of requirements and conversion of the residence permit)

1. Within 180 days of publication of the implementing Regulation referred to in Article 36,
all foreigners residing in any capacity in the Republic must present themselves at the Gendarmerie
- Foreigners Office for requirements verification and conversion of securities
living according to the rules established by this law.
2. The no-show at the Command of the Gendarmerie - Foreign Office by the resident foreigner
by the deadlines specified in the preceding paragraph shall be construed, subject
documented cases of force majeure, as an intention to terminate the stay in the Republic.


Art.39 (Transitional Provisions)

1. The permit holders of ordinary and special continuous living room that can be converted into
residence, once the period of five years under the previously applicable legislation
are subject, in order to obtain the residence, the || | 18
provisions of Article 16 paragraph 2 of this law since the entry into force
thereof.
2. According to Article 18 of this law, job loss for the holder of the special permit
continuous residence for work governed by
older national legislation entails revocation of this permit if the person fails
find a new occupation of the same type of work within six months from the date of termination of the employment relationship
for which had been granted permission.
To this end, become unemployed migrant worker is registered for a maximum of six months in

A special list hosted by the Labour Office.
Upon expiration of this period is also revoked permission to stay issued to ordinary
family and / or partner of the unemployed person.
If the family attend a regular course of study in the Republic
expiry of their residence permit and the expiry of the
foreign special continuous residence permit who had applied for family reunification shall be extended until the end of 'school year or academic
. 3
. The provisions of the present law, unless explicit ruling, apply to all pending
situations and regulated differently from the previous legislation.


Art.40 (Repeals)

1. They have repealed the Law September 4, 1997 n. 95, Law 24 February 2000 n. 22
Articles 4 and 5 of Law 13 April 1976 n. 9 and 83 of Law 17 June 2008 n. 92.
2. The provisions of Decree No 7 October 1997. 111 not expressly waived
remain in force, insofar as compatible with this Act, until the adoption by the State
Congress delegated decree referred to in Article 36. 3
. And 'repealed Article 37 of Delegated Decree 3 July 2008 n. 103.
4. They are also repealed all provisions contrary to this law.


Art.41 (Entry into force)

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


Our Residence, this day of 28 June 2010/1709 dFR




THE CAPTAINS REGENT Marco Conti - Glauco Sansovini



THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Valeria Ciavatta


19