More information on the laws that regulate the application to obtain residency in San Marino and the residence permit.

Elective residency

The Congress of State has the power to grant elective residency to a foreigner who makes and maintains in his own name, until the consolidation of residency, one or both of the following types of investment in the territory:a) purchase for consideration for a price of no less than €500,000.00 of a building or portion of a building to be used as a residence for the individual or his family unit and which before 31 May 2017 was already completed, to be renovated or in its raw state. The dwelling can also be the result of the merging of several real estate units. For the purposes of calculating the aforementioned amount, in addition to the purchase price, the following may be computed, for an amount not exceeding €150,000.00:

1. the costs of completing the real estate unit;
2. the costs of restructuring the real estate unit;
3. the costs of demolition with reconstruction of the real estate unit.

The completion and renovation of the real estate unit must be carried out in compliance with the energy requalification regulations for buildings pursuant to Law 3 April 2014 n. 48 and subsequent amendments. The real estate unit subject to demolition and reconstruction must achieve energy class A pursuant to Law n. 48/2014 and subsequent amendments;

b) non-interest-bearing and restricted deposit for a period of 10 years of not less than €600,000.00 in securities issued by the State of San Marino or in a fund specifically established by the Most Excellent Chamber.

The granting of elective residence, in the case referred to in letter b), involves the payment of a tax of €10,000.00, to be paid into the relevant budget chapter of the Registry and Conservatory Office and which will not be refunded under any circumstances.

The applicant for elective residence must file a specific application with the Department of Foreign Affairs and pay a tax fee for practical processing, which absorbs all stamp duties and office fees, in the amount of €1,000.00 to be collected from the relevant budget chapter of the Registry and Conservation Office. 

The Department of Foreign Affairs, having received the application including all the documentation referred to in the preceding paragraph, submits it to the attention of the Congress of State, which deliberates on the same within 60 days. The decision is not subject to appeal in any case.

The purchase deed referred to in letter a) of paragraph 1 is not subject to prior authorization by the Council of XII and pays the registration tax in the amount of 8%. The resolution of the Congress of State with which elective residence is granted is attached to the deed of purchase for the purposes of transcription and transfer.

The applicant for elective residence may apply for its extension limited to the subjects (spouse, child under 25 years of age, disabled child), in possession of the requirements set out in this law, upon payment of a one-off sum of €20,000.00 for each subject (secondary applicant).

Until the consolidation of the residence, the holder of elective residence and the secondary applicants:

1. cannot access any type of employment relationship in the Enlarged Public Sector and in entities which, under public or private law, are participated by the Most Excellent Chamber;
2. are not entitled to receive benefits, contributions, allowances and public disbursements of any kind linked to the possession of residence, nor to the contribution referred to in Law 31 March 2015 n.44;
3. are required to assume full responsibility for the costs of health care, through private insurance to cover all inherent risks.

Until the consolidation of the residence, the holder of elective residence may, transfer the real estate unit for any reason if he/she purchases another real estate unit having the requirements. The Trascorsiten years from registration in the register of the resident population, the elective residence is considered consolidated and therefore the prohibitions, obligations and constraints cease.

Residence permit for business reasons

The residence permit for business reasons can be granted to a foreigner, a partner with a share of at least 25%, sole director or chairman of the board of directors of a joint-stock company.

A foreigner in possession of a residence permit for business reasons can request the issuing of the same residence permit for the reunification of the following family members:

1. spouse who is not legally separated and for whom there are no ongoing procedures for separation, dissolution or cessation of civil effects or annulment of marriage;
2. cohabiting more uxorio;
3. child under the age of 25, legitimate, recognized natural or adoptive, who is dependent on him/her, provided that he/she is not married or cohabiting more uxorio and, in the case of minors, provided that the other parent, if known and alive, has given his/her consent or such consent has been authorized by the provision of the authority judicial;
4. legitimate, recognized natural or adoptive child, who is dependent on him/her, if he/she is unable to provide for his/her own support due to disability.

The duration of the family reunification is linked to the duration of the residence permit for business reasons of the person in whose favor it was issued.

The foreigner requesting family reunification must demonstrate availability:

1. of adequate housing for oneself and for the family members for whom one intends to request reunification;
2. of an annual income adequate for the support of oneself and of the family members for whom one intends to request reunification, corresponding to a per capita amount equal to at least the average territorial contractual remuneration of an industrial worker pursuant to Article 54 of Law 11 February 1983 n.15.

The residence permit for entrepreneurial reasons issued to the foreigner allows, in the case of minors, enrollment in study or training courses professional.

Those entitled to the issue of a residence permit for business reasons are required to take out a suitable insurance policy to cover the risk of illness, accident and maternity, to be taken out with a Sammarinese insurance agency, valid in the territory of the Republic with a minimum annual coverage of €30,000.00 (thirty thousand/00) per capita.

The residence permit for business reasons has a duration of twelve months and can be renewed for up to a maximum of five years, without prejudice to the right to request residency in accordance with current legislation.

Residence automatic

Entrepreneurial projects aimed at making one or more investments in the territory of the Republic of San Marino, aimed at starting a new economic activity and/or taking over an existing one in order to relaunch and/or consolidate its development, have access to the simplified regime.

Entrepreneurial projects to be given priority are those:

1. of production of technologically advanced goods or services;
2. in the sector of the green economy;
3. in the hospitality and tourism sector;
4. in the entertainment and leisure sector aimed at enhancing the territory and the tourist offer;
5. in the trade sector;
6. in the arts and culture sector;
7. who establish management, development, marketing, international relations, training, research activities in the territory;
8. in traditional production sectors with low environmental impact;
9. in the healthcare and pharmaceutical sectors.

The simplified regime is accessible only if at least five employees are hired from the job placement lists with a permanent contract and full-time contractual hours; in the case of hiring a greater number of workers, including those hired on a fixed-term basis, at least 50% of them must be recruited from the job placement lists.
The possible hiring of company members and their families is not relevant for the purposes of the employment requirement required by the previous paragraph.

In the case of entrepreneurial projects with particularly high specialization, when submitting the entrepreneurial project, it is possible to request to replace part of the personnel to be hired from the job placement lists with personnel to be hired outside the job placement lists, provided that they possess particular qualifications, which are essential for starting the entrepreneurial project, to be documented specifically also through the production of suitable certification to prove them. The Technical Evaluation Committee decides on this request, having consulted the Labour Office regarding the presence or absence of such personnel in the job placement lists.

In the case of business projects aimed at taking over an existing business, if the taken over company does not have the minimum employment levels indicated, these must be integrated within sixty days of the takeover. The integration is relevant for the purposes of access to tax benefits and the simplified regime.
Access to the simplified regime is applied in the following ways:

1. to the entrepreneur or another person in relation to the business project that satisfies the minimum employment requirements set out in the previous article;
2. to the entrepreneur and another person if the business project includes an employment plan for more than 20 employees;
3. to the entrepreneur and two other persons if the business project includes an employment plan for more than 30 employees;

The simplified regime, if requested, is also applied to the subjects’ family units.
Family unit members include the spouse, minor children, adult children who are not married and living together.
After 10 years from registration in the register of the resident population and fulfilling the commitments set out in the business project, residence under the simplified regime is considered consolidated.

Within ninety days of approval of the business project by the Technical Evaluation Committee and in any case before the registration procedure in the register of the resident population is completed, a property that already exists at the time of completion of the transaction must be purchased, which can be used as the headquarters of the business or as the residence of the beneficiary, with a value of minimum of Euro 300,000.00 (three hundred thousand/00). The real estate investment made is not subject to authorization by the Council of XII and is communicated to the same Council of XII for acknowledgement.

The property, on which a lien is created, serves as a guarantee in favor of the Most Excellent Chamber to reimburse any unpaid wages to employees and to enforce any credits of the Public Administration of a tax or contribution nature, until the duration of the submitted business plan has expired.

The creation of a lien on the property may, at the discretion of the beneficiary, be replaced by the creation of a real guarantee of equal value in favor of the Most Excellent Chamber on a bank deposit or other financial instrument held at a person authorized pursuant to Law 17 November 2005 n.165 and subsequent amendments and related implementing decrees, of which the beneficiary is the owner.
The conditions referred to in the previous paragraphs are intended to refer to the individual requestof residence and any family unit.

The subjects must independently be in possession of the necessary means to guarantee their own sustenance and their own health care needs for the first 24 months of residence in the territory; the latter for this period must be guaranteed through the stipulation of a specific insurance policy for the risk of illness, accident and maternity and health care with a minimum annual coverage of €30,000.

These conditions must also be guaranteed for the family unit.

Automatic residence for retail trade

The objective requirements are:

1. exercise of the commercial activity in a single premises with a minimum surface area of ​​at least 200 m2. or in several adjacent rooms with a total surface area of ​​at least 200 m2. If the office or offices are located in the historic center in part or entirely, these are considered adjacent for the purposes of satisfying the minimum surface area requirement referred to in this paragraph;
2. purchase of the business premises referred to in point a), or multi-year rental contract with a surety deposit in favor of the Most Excellent Chamber of the Republic of San Marino for the sum of €150,000.00;
3. hiring of at least 2 work units found from the ordinary job placement lists.

The objective requirements referred to in paragraph 1 must be maintained for 10 years even in the event of changes in the corporate structure.

Residence in San Marino for economic reasons

Anyone who undertakes an economic activity in the form of a company in the Republic of San Marino has the right to request and obtain residency in San Marino for economic reasons, based on the established criteria and as long as the conditions that justified its granting persist. To be granted residency in San Marino for economic reasons, the impediments indicated in Article 17, paragraphs 1 and 2, of Law No. 118 of 28 June 2010 and subsequent amendments must not exist.

Residency in San Marino for economic reasons is granted to a natural person who holds at least 51 percent of the share capital of a company. The Economic Activities Office communicates the name and personal data of the individual to the Civil Status, Demographic and Electoral Services Office for registration in the register of residents for economic reasons, provided that they have requested it.

Residency in San Marino for economic reasons is granted to the individual referred to in the previous paragraph, even if the business already exists, if at least one of the following requirements is met:

1. In the case of business activities in the sector to be encouraged, at least one worker is employed from the job placement lists, with a permanent contract; if a larger number of workers are hired, including those hired on fixed-term contracts, at least 50 percent of them must be hired from the job placement lists;
   
2. for businesses operating in sectors not included among those to be encouraged, at least three permanent employees must be hired from the job placement lists; if a larger number of workers are hired, including those hired on fixed-term contracts, at least 50 percent of them must be hired from the job placement lists;
   
3. the applicant for residency in San Marino must be under forty years of age.

Hirings that meet the minimum requirement set forth to be full-time.

The individual requesting residency in San Marino for economic reasons must not have outstanding debts against him or against companies or corporations in which he or she has a stake in San Marino, even indirectly, already registered pursuant to Law No. 70/2004, for a total amount exceeding €20,000.00 (twenty thousand/00), unless payment is deferred pursuant to Article 34 of Law No. 70/2004 and duly honored.

The sectors relating to the business activity to be incentivize over the next five years, specifically indicating the eligible areas of activity.

If the reasons that justified the granting of residency in San Marino for economic reasons cease to exist, and in particular:

1. if the number of workers does not meet the required number and proportions, also with reference to subsequent employment increases;
   
2. the economic activity is no longer carried out due to the suspension, renunciation, or termination of the license in the cases provided for by law;
   
3. that the individual holding residency in San Marino for economic reasons has outstanding debts against him or against businesses or companies in which he or she has a stake in San Marino, even indirectly, already registered pursuant to Law No. 70/2004 for a total amount exceeding €20,000.00 (twenty thousand/00), unless payment is deferred pursuant to Article 34 of Law No. 70/2004 and duly paid; The beneficiary is granted ninety current days to reinstate the requirements for granting and maintaining residency in San Marino for economic reasons. If this period is not met, the Economic Activities Office will notify the Civil Status, Demographic and Electoral Services Office for revocation of residency in San Marino for economic reasons.

Residency in San Marino for economic reasons is revoked by order of the Director of the Economic Activities Office.Civil Status, Demographic and Electoral Services.

In the event of revocation of residency in San Marino for economic reasons, it is no longer granted to the beneficiary, the spouse, and first-degree relatives who intend to start a further economic activity.

Residency in San Marino for economic reasons is also granted:

1. to a spouse who is not legally separated and for whom separation, dissolution, termination of civil effects, or annulment proceedings are not pending;
   
2. to a child under twenty-five years of age, whether legitimate, natural, recognized, or adopted, who is dependent on him or her, provided that he or she is not married or cohabiting with another parent and, in the case of minors, provided that the other parent, if known and alive, has given his or her consent or such consent has been authorized by a judicial authority;
   
3. to a child, legitimate, natural, recognized, or adopted, who is dependent on him or her, if he or she is unable to support himself or herself due to a disability.

In derogation of Law 22 July 2014 n.114, the holder of residency in San Marino for economic reasons and his/her family members are required to pay a fee to the Institute for Social Security as a contribution for health and welfare benefits that may become necessary in the event of illness, accident, and maternity, and for other social and public utility services. This fee is established by a specific delegated decree, which also establishes the methods and frequency of payment.

Anyone residing in San Marino for economic reasons may register on the job placement lists according to the procedures established by current legislation.

Before completing the registration procedure in the Resident Population Register, the applicant must submit to the Economic Activities Office documentation proving the provision of a real guarantee on a bank deposit, provided it is of a certain and readily liquidable value, held with an entity authorized pursuant to Law No. 165 of 17 November 2005 and subsequent amendments and related implementing decrees, in favor of the Most Excellent Chamber, of which the applicant is the holder, for a value of €75,000.00. (seventy-five thousand/00).

This collateral guarantee may be replaced by a bank or insurance guarantee issued by a San Marino supervised entity, pursuant to the aforementioned Law No. 165/2005 and subsequent amendments and related implementing decrees, in favor of the Most Excellent Chamber for the same amount.

The collateral or bank or insurance guarantee, within two years of obtaining residency in San Marino, must be increased to €150,000.00 (one hundred and fifty thousand/00) or replaced by the purchase of a property already in existence at the time of completion of the transaction. This property may be used as the beneficiary’s business headquarters or residence in San Marino, provided that its value, as per the purchase deed, is at least €150,000.00 (one hundred and fifty thousand/00). A lien in favor of the Most Excellent Chamber of Commerce must be registered on the property, under penalty of revocation of residency in San Marino for economic reasons.

The property or guarantees serve as a guarantee in favor of the Most Excellent Chamber of Commerce. Chamber to enforce any debts registered with the Public Administration, Public Bodies, and Autonomous State Companies until the expiration of the period.

The Economic Activities Office periodically verifies the continued existence of the requirements for maintaining residency in San Marino and reports any debts already registered with the Public Administration, Public Bodies, and Autonomous State Companies to the Government Mayors, through the State Attorney’s Office, for the purpose of enforcing the guarantees.

A person residing for economic reasons is not entitled to access the benefits provided for by Law No. 11 of December 15, 1994, as amended, and Law No. 44 of March 31, 2015, as amended.

After a period of ten years has elapsed since registration in the Resident Population Register
for economic reasonsOnce the required commitments have been fulfilled, subject to verification of the persistence of the requirements set forth in Article 17, paragraphs 1 and 2 of Law No. 118/2010 and subsequent amendments and of habitual residence, residence in San Marino is considered consolidated and the provision extends to the members of the cohabiting family unit.

The Civil Status, Demographic and Electoral Services Unit, with its own internal provisions, regulates the procedures for the separate maintenance of the Register of the Resident Population for Economic Reasons and the Register of the Resident Population pursuant to Law No. 118/2010 and subsequent amendments.

A maximum number of residences may be granted, pursuant to this Article, equal to fifty per year, excluding those who benefit from the family reunification. This number may be changed annually by delegated decree.

A delegated decree may annually list the economic sectors for which,
due to excessive market saturation, excessive urban planning, or other economic policy reasons, residency in San Marino cannot be obtained.

The Civil Status, Demographic and Electoral Services Unit communicates to the Permanent Council Commission for Foreign Affairs, Emigration and Immigration, every three months, the number of economic residencies granted and revoked during the period in question.

Further information:

• Regulations and decrees on residency permits in San Marino