OBTAIN RESIDENCE IN SAN MARINO

Registration of properties to non-resident individuals

The Council of XII may authorize the foreign citizen who is not resident and not permanently residing in the territory to register himself as a building or portion of a building, provided that the same:

1. is already built before May 31, 2017 and, if not completed, is in its raw state;
2. is purchased for full ownership and for consideration;
3. it is intended for holiday accommodation for the applicant and his / her family unit;
4. consists of a single real estate unit which can also be the result of the merger of several real estate units.

The purchase for consideration referred to in the preceding paragraph is subject to registration tax of 8% and cannot enjoy tax benefits. The resolution of the Council of XII is attached to the purchase deed for the purposes of transcription and transfer. The aforementioned resolution must contain an express specification that the authorization is granted pursuant to this article.

The maximum number of purchase authorizations that can be granted each year is fixed by delegated decree.

The foreigner who wishes to apply for the authorization referred to in this article must submit an application to the Council of XII and pay a tax right of practical instruction that absorbs the stamp duties and office fees that would be due for the application and the attachments issued by San Marino offices, in the amount of € 100.00 to be collected on the relevant chapter of the budget under the responsibility of the Registry and Conservatory Office. The application, in addition to the payment receipt, are attached to the documents proving the possession of the requisites and the occurrence of the conditions that the Council of XII will specifically indicate as necessary for the application of this article and for the examination of the application itself.

Individuals cannot access the benefits referred to in Law 44 of March 31, 2015 and subsequent amendments and additions and are not entitled to receive social and economic benefits and public contributions of any kind.

Residence permit for business reasons

The residence permit for business reasons can be granted to the foreigner, a shareholder for a share of at least 25%, sole director or chairman of the board of directors of joint-stock companies.
Foreigners in possession of a residence permit for business reasons can request the issue of the same residence permit for the reunification of the following family members:

1. spouse who is not legally separated and for whom the separation, dissolution or cessation of civil effects or marriage annulment procedures are not in progress;
2. cohabitant more uxorio;
3. legitimate, natural, recognized or adopted child under the age of 25, who is dependent on him, provided that he is not married or cohabiting more uxorio and, in the case of minors, on the condition that the other parent, if known and alive , has given his consent or this consent has been authorized by the provision of the judicial authority;
4. legitimate, natural, recognized or adopted child, who is dependent on him, if he is unable to provide for his own support due to disability.

The duration of the reunification is linked to the duration of the residence permit for business reasons of the person in favor of which it was issued.
Foreigners applying for family reunification must demonstrate availability:

1. adequate accommodation for oneself and for the family members for whom reunification is to be requested;
2. of an annual income adequate for the support of oneself and of the family members for whom the reunification is to be requested, corresponding to a per capita amount equal to at least the territorial average contractual salary of an industrial worker referred to in Article 54 of the Law of 11 February 1983 n.15.

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

Those entitled to issue 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 contracted from a San Marino insurance agency, valid in the territory of the Republic with a minimum annual coverage of 30,000 euros. , 00 (thirty thousand / 00) per capita.

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

Elective residence

The Congress of State has the right to grant elective residence to the foreigner who carries out and maintains in his own name, until the consolidation of the residence, one or both of the following types of investment in the territory:

1. purchase for consideration for the price of not less than € 500,000.00 of a building or portion of a building to be used for one's own home or family unit and which, before 31 May 2017, is already completed, to be restored or in its raw state. The house can also be the result of the unification of several real estate units. For the purpose of calculating the aforementioned amount, in addition to the purchase price, the following can be calculated, for an amount not exceeding € 150,000.00:
   
1. the costs of completing the real estate unit;
2. the costs of renovating 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 rules for buildings pursuant to Law no. 48 and subsequent amendments. The real estate unit subject to demolition and reconstruction must achieve energy class A pursuant to Law no. 48/2014 and subsequent amendments;

2. non-interest bearing and restricted deposit for a duration of 10 years of not less than € 600,000.00 in securities issued by the San Marino State or in a fund specifically set up by the Excellency Chamber.

The granting of elective residence, in the case referred to in letter b), involves the payment of a fee of € 10,000.00, to be paid on the relevant chapter of the budget falling within the competence of the Registry and Conservatory Office and which will not be case returned.

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

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

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

It is the faculty of the applicant for elective residence to apply for extension of the same limited to subjects (spouse, child within 25 years, disabled child) , in possession of the requisites provided for by this law, after a one-off payment of the 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. they cannot access any type of employment relationship in the Extended Public Sector and in entities which, under public or private law, are owned by the Most Excellent Chamber;
2. they are not entitled to receive benefits, contributions, checks and public grants, however denominated, linked to the possession of the residence, nor to the contribution referred to in Law no. 44 of 31 March 2015;
3. they are required to bear the costs of health care at their own expense, through private insurance to cover any inherent risk.

Until the consolidation of the residence, the holder of elective residence can transfer the real estate unit in any capacity if you purchase another real estate unit that meets the requirements. After ten years from the registration in the register of the resident population, the elective residence is considered consolidated and therefore the prohibitions, obligations and restrictions cease.

Residence permit for business reasons

The residence permit for business reasons can be granted to the foreigner, a shareholder for a share of at least 25%, sole director or chairman of the board of directors of joint-stock companies.
Foreigners in possession of a residence permit for business reasons can request the issue of the same residence permit for the reunification of the following family members:

1. spouse who is not legally separated and for whom the separation, dissolution or cessation of civil effects or marriage annulment procedures are not in progress;
2. cohabitant more uxorio;
3. legitimate, natural, recognized or adopted child under the age of 25, who is dependent on him, provided that he is not married or cohabiting more uxorio and, in the case of minors, on the condition that the other parent, if known and alive , has given his consent or this consent has been authorized by the provision of the judicial authority;
4. legitimate, natural, recognized or adopted child, who is dependent on him, if he is unable to provide for his own support due to disability.

The duration of the reunification is linked to the duration of the residence permit for business reasons of the person in favor of which it was issued.
Foreigners applying for family reunification must demonstrate availability:

1. adequate accommodation for oneself and for the family members for whom reunification is to be requested;
2. of an annual income adequate for the support of oneself and of the family members for whom the reunification is to be requested, corresponding to a per capita amount equal to at least the territorial average contractual salary of an industrial worker referred to in Article 54 of the Law of 11 February 1983 n.15.

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

Those entitled to issue 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 contracted from a San Marino insurance agency, valid in the territory of the Republic with a minimum annual coverage of 30,000 euros. , 00 (thirty thousand / 00) per capita.

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

Automatic residence

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

The following are defined entrepreneurial projects to be privileged:

1. production of technologically advanced goods or services;
2. in the green economy sector;
3. in the hospitality and tourism sector;
4. in the entertainment and entertainment 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 and research activities in the area;
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 permanent employees with full contractual hours are hired from the start-up lists; in the case of hiring a greater number of workers, including those hired on a fixed-term basis, at least 50% of these must be recruited from the job start-up lists.
The possible recruitment of the shareholders of the company and their family members 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, at the time of presentation of the entrepreneurial project, it is possible to request to replace part of the personnel to be hired from the start-up lists with personnel to be hired outside the start-up lists, provided they possess particular qualifications, which are decisive for the start of the business project, to be documented in a specific manner also through the production of suitable certification to prove them. The Technical Evaluation Committee decides on this request, having consulted the Labor Office regarding the presence or absence of such personnel in the job start-up lists.

In the case of entrepreneurial projects aimed at taking over an existing business, if the detected company does not have the minimum employment indicated, these must be integrated within sixty days of taking over. 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 to another person in relation to the entrepreneurial project that satisfies the minimum employment levels provided for in the previous article;
2. to the entrepreneur and to another person if the entrepreneurial project provides for an employment plan of more than 20 employees;
3. to the entrepreneur and two other subjects if the entrepreneurial project provides for an employment plan of over 30 employees;

The simplified regime, if requested, is also applied to the families of the subjects.

By family members we mean the spouse, minor children, unmarried and cohabiting adult children.

After 10 years from the registration in the register of the resident population and fulfilled the commitments foreseen by the entrepreneurial project, the residence with the simplified regime is considered consolidated.

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

The property, on which a privilege is established, acts as a guarantee in favor of the Most Excellent Chamber to reimburse any wages not paid to employees and to enforce any tax or social security credits of the Public Administration, until the duration of the business plan presented is exhausted.

The establishment of a lien on the property may, at the discretion of the beneficiary, be replaced by the establishment of a real guarantee of equal value in favor of the Excellent Chamber on a bank deposit or other financial instrument held with a subject authorized pursuant to Law 17 165 of November 2005 and subsequent amendments and related application decrees, owned by the beneficiary.

The conditions referred to in the preceding paragraphs are understood to refer to the individual request for residence and any family unit.

The subjects must independently be in possession of the means necessary to guarantee their livelihood and their health care needs for the first 24 months of residence in the area; 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 retail trade

The objective requirements are:

1. exercise of the commercial activity in a single room with a minimum surface area of at least 200 square meters. or in several adjacent rooms with a total area of at least 200 square meters. If the premises are located in the historic center in part or totally, they are considered adjacent for the purpose of satisfying the minimum surface requirement referred to in this paragraph;
2. purchase of the operating office referred to in point a), or multi-year lease agreement with deposit of surety in favor of the Chamber of the Republic of San Marino for the sum of € 150,000.00;
3. hiring at least 2 work units from the ordinary job start-up 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 for economic reasons

All those who undertake an economic activity in company form in the Republic of San Marino have the right to request and obtain residence for economic reasons, on the basis of the criteria set out in the following paragraphs and as long as the conditions that justified their release remain.

Residence for economic reasons is granted to the natural person who holds at least 51% of the share capital.

The Industry, Handicraft and Commerce Office communicates the name and personal data of the subject to the Civil Status Office for registration in the register of residents for economic reasons, provided that they have made a request.

Residence for economic reasons is granted to the person referred to in paragraph 2, even if the company already exists, if the following employment requirements are met:

1. in the case of business activities in the sector to be incentivized, at least 1 employee is hired from the job start-up lists, for an indefinite period; in the case of hiring a greater number of workers, including those hired on a fixed-term basis, at least 50% of these must be hired from the job start-up lists;
2. in the case of business activities in a sector not included among those to be incentivized, at least 3 employees are hired from the job opening lists, for an indefinite period; in the case of hiring a greater number of workers, including those hired on a fixed-term basis, at least 50% of these must be hired from the job start-up lists.

The hires that constitute the minimum requirement referred to in this paragraph are intended to be carried out on a full-time basis.

By means of a delegated decree, the sectors relating to the business activity to be encouraged in the following five years are identified, precisely indicating the eligible areas of activity.

If the reasons that justified the granting of residence for economic reasons no longer exist, and in particular:

1. if the number of workers does not respect the number and proportions provided for in paragraph 3, also with reference to subsequent increases in employment;
2. the economic activity is no longer exercised due to the suspension, renunciation or termination of the license in the cases provided for by law;
3. if for at least two years the person who holds residence for economic reasons or companies or enterprises controlled by the same in San Marino have outstanding debt positions towards the State for amounts exceeding € 20,000.00 (twenty thousand / 00), for which forced execution procedure started;

the beneficiary is granted ninety running days to restore the fulfillment of the requisites required for the granting and maintenance of residence for economic reasons, after which the office, which ascertained the non-compliances, reports them to the Civil Status Office, Services Demographic and Electoral for the revocation of the residence for economic reasons.

The residence for economic reasons is revoked by a provision of the Director of the Civil Status, Demographic and Electoral Services.

In the event of revocation of residence for economic reasons, it is no longer granted to the beneficiary, spouse and first degree relatives if they intend to start a further economic activity.

Residence for economic reasons is also granted:

1. to the spouse who is not legally separated for whom the separation, dissolution or cessation of civil effects or marriage annulment procedures are not in progress;
2. to the cohabitant more uxorio;
3. to the legitimate, natural, recognized or adoptive child under the age of 25, who is dependent on him, provided that he is not married or cohabiting more uxorio and, in the case of minors, on the condition that the other parent, if known and while alive, he has given his consent or this consent has been authorized by the provision of the judicial authority;
4. to the legitimate, natural, recognized or adopted child, who is dependent on him, if he is unable to provide for his own support due to disability.

Notwithstanding the Law of 22 July 2014 n. 114, the holder of residence for economic reasons and his family members are required to pay a fee in favor of the Social Security Institute as a contribution for health and welfare services that may become necessary in the event of illnesses, accidents and maternity and other social and public utility services. This fee is established with a specific delegated decree which also provides for the methods and frequency of payment.

The holder of the residence for economic reasons can enroll in the job start-up lists with the procedures provided for by current legislation.

Before completing the registration procedure in the Register of the resident population, the applicant must submit to the Civil Status Office documentation proving the establishment of a real guarantee on a bank deposit or other financial instrument held with an authorized subject pursuant to the Law of 17 November 2005 165 and subsequent amendments and related application decrees, in favor of the Excellency Chamber, owned by the applicant himself, with a value of € 75,000.00 (seventy-five thousand / 00). The real guarantee, within two years of obtaining the residence, must be raised to € 150,000.00 (one hundred and fifty thousand / 00) or replaced by the purchase of a property that already exists at the time of completion of the transaction, which can be used as the seat of the '' activity or residence of the beneficiary, provided it has a value resulting from the purchase deed, at least equal to the same EUR 150,000.00 (one hundred and fifty thousand / 00), on which a privilege must be registered in favor of the Excellency Chamber, under penalty of revocation of residence for economic reasons.

The property or the real guarantee referred to in the previous paragraph act as a guarantee in favor of the Excellency Chamber to reimburse any wages not paid to employees and enforce any tax or social security credits of the Public Administration up to ten years.

The resident for economic reasons does not have the right to access the concessions referred to in Law no. 110 of 15 December 1994 "Consolidated Law and reform of the provisions on subsidized housing" and in accordance with Law no. 44 of 31 March 2015 "Provisions in subject of Subsidized Construction ".

After a period of ten years from the registration in the register of residents for economic reasons and having fulfilled the foreseen commitments, the residence is considered consolidated and the provision extends to the members of the cohabiting family unit.

The Civil Status Office, with its own internal provisions, governs the procedures for keeping the register of residents for economic reasons and the register of residents separately in accordance with Law 118 of 28 June 2010 and subsequent amendments.

A maximum number of residences may be granted, pursuant to this article, equal to 50 per year, not counting cohabitants in this number. This number can be changed every year by delegated decree.

With a delegated decree, the economic sectors for which, for reasons of excessive market saturation, excessive urban load or other economic policy reasons, the residence referred to in this article can not be obtained annually.

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

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