Immigration Law at San Marino
San Marino, a small, landlocked country surrounded by Italy, has its own set of immigration laws and regulations. Given its size and its status as a microstate, immigration to San Marino is governed by both domestic laws and agreements with Italy, as San Marino does not have its own airport and relies on Italy for much of its border control and immigration functions.
Here’s an overview of immigration law in San Marino:
1. Main Legal Framework
San Marino Immigration Law: The immigration system of San Marino is based on regulations related to residence, work, and family reunification. While San Marino has its own immigration laws, much of the process is influenced by agreements with Italy due to their geographic and political proximity.
2. Visa and Entry Requirements
No Schengen Visa: San Marino is not a part of the Schengen Area, and it does not issue its own visa. However, it follows Italy’s visa policies, which means that individuals who are citizens of countries that require a Schengen visa to enter Italy will also need a visa to enter San Marino.
Entry from Italy: The borders between Italy and San Marino are open, with no formal border checks, so entering San Marino is essentially the same as entering Italy. If you are legally in Italy (with a valid visa), you can enter San Marino without additional immigration checks.
3. Types of Residency Permits
Short-Term Residency: Foreign nationals can stay in San Marino for short periods, typically up to 90 days, under tourist or business visitor status. For longer stays, individuals must apply for the appropriate residency permits.
Long-Term Residency: To stay in San Marino long-term, a foreign national must apply for residence permits. There are several categories:
Work-Based Residency: For foreign nationals with a job offer in San Marino. Individuals must apply for work permits, and the employment needs to be in sectors that are open to foreign workers.
Self-Employment: Foreign nationals wishing to establish a business in San Marino can apply for residency as self-employed individuals, with proof of income and a business plan.
Family Reunification: Foreigners who are spouses, children, or other immediate family members of a San Marino citizen or resident can apply for family reunification.
4. Work Permits
Foreign nationals who wish to work in San Marino must apply for a work permit. The work permit is usually linked to the residence permit, and foreign nationals typically need to secure employment with a company or organization in San Marino before applying for a work permit.
San Marino has a small labor market, and work permits are typically issued based on the demand for specific skills, such as in sectors like tourism, services, or financial industries.
5. Citizenship
Naturalization: A foreign national can apply for San Marino citizenship after 30 years of legal residence in the country. However, this long-term residency requirement is a significant hurdle for most individuals.
Citizenship by Descent: Individuals born to San Marino citizens, regardless of their place of birth, can claim citizenship by descent.
Dual Citizenship: San Marino allows dual citizenship under specific circumstances, but the rules for dual citizenship can be restrictive, particularly for naturalized citizens.
6. Special Programs and Investments
San Marino has historically attracted foreign nationals through its financial and banking services, as well as its tax advantages. Investors and entrepreneurs looking to establish businesses may qualify for residency, provided they meet the financial and business requirements.
7. Exit and Reentry
Since there are no formal border controls between Italy and San Marino, foreigners with valid visas or residence permits in Italy can freely travel to San Marino and re-enter Italy without any formal checks.
Foreigners wishing to stay in San Marino must ensure that their residency status is up to date and comply with the regulations to avoid overstaying.
8. Refugees and Asylum Seekers
Asylum Process: San Marino does not have a formal asylum process or refugee status determination procedure. Refugees typically apply for asylum through Italy, as San Marino does not have the infrastructure or legal framework to handle large numbers of asylum seekers. If granted asylum in Italy, refugees can reside in San Marino, as there are no border controls between the two.
9. EU Citizens
Since San Marino does not have a formal visa system for citizens of EU countries, those from the European Union (EU) can enter and stay in the country for short visits without needing a visa. However, they may need to register their stay depending on the duration of their residency.
10. Key Challenges
Limited Residency Options: Due to the small size of the country and limited economic opportunities, obtaining long-term residency or citizenship in San Marino can be difficult unless one has significant ties to the country or is an investor.
Dependence on Italy: The lack of formal border controls means that much of the immigration and residency process is linked to Italian visa policies, which could complicate immigration for people wishing to stay in San Marino.
Small Labor Market: Employment opportunities are limited, and foreign nationals looking to move to San Marino for work may find it difficult unless they have specialized skills or plan to invest in the country.
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