San Marino citizenship is always highly coveted . And always difficult to obtain. The most frequent question asked on San Marino social media is always the same and concerns citizenship.
It is almost always Italians who question the people of San Marino on the issue and it is funny to see the answers that are given: in practice they are the opposite of each other, and this does nothing but generate discussions. So very often on social media there are long lines of comments to ‘clarify’ – each in their own way – the applicant.
It often happens that the San Marino people themselves ask for information on this topic. In short, there is a great deal of confusion and great curiosity. Confusion also because the laws have been updated, but old clichés that create chaos are still circulating .
However, the process is difficult and long and almost always impossible to achieve if there are no rigid requirements. There would be another way to obtain citizenship, let’s talk about the honorary one, but here it is even more difficult, unless you have won a battle like the First World War or you are a fighter like Giuseppe Garibaldi.
In fact, the most famous honorary citizenships granted by San Marino certainly remain those conferred to figures such as Garibaldi who became a citizen of San Marino on 24 April 1861 and that conferred in 1919 to Thomas Woodrow Wilson , 28th president of the United States, the “Victor” of the WWI. Garibaldi sent a letter of thanks to the Most Excellent Captains Regent as a sign of gratitude: “I am proud to be a Citizen of such a virtuous Republic”.
To clarify Citizenship, here is the guide
San Marino citizenship can be acquired by origin and naturalization .
Citizenship by origin
Pursuant to the “Citizenship Law” 114/2000 amended for the articles. 1-3-5-7 from law 84/2004, San Marino citizens by ORIGIN can be:
- children, both natural and adopted, of parents both from San Marino
- children, both natural and adoptive, of a San Marino parent and a non-San Marino parent, provided that within one year of reaching the age of 18 they declare to the Civil Registry Office, or to the diplomatic authority, that they wish to maintain it.
- children, both natural and adoptive, of a San Marino parent and a stateless (without citizenship) or unknown parent
- children, both natural and adoptive, of a mother of San Marino origin who make a specific request for original citizenship within six months of reaching the age of majority
- all those born in the territory of the Republic to stateless or unknown parents
It is different for adult children of San Marino citizens who can request citizenship by origin only if resident for at least 10 consecutive years in the territory of San Marino, and pass it on to their minor children as long as they are residents.
Naturalization
Citizenship by naturalization is granted by the Great and General Council, through extraordinary laws approved with a 2/3 majority, to those who:
- has renounced any foreign citizenship and is registered in the resident registers at the time of the passage of the law
- has had registered residence and a residence permit for at least thirty consecutive years in the territory of San Marino, the years become fifteen in the case of foreigners married to San Marino citizens
- has a parent, or second degree ascendant who has been resident in the Republic for at least thirty years and is himself resident since birth in the territory of San Marino
- he is a minor and cohabiting child of naturalized parents
- is stateless and has not been convicted of a negligent crime of more than one year
All those who obtain citizenship through naturalization are required to swear an oath of loyalty to the Republic before the Secretary of State for Internal Affairs and the Captains Regent.
The voluntary loss (art. 4) of San Marino citizenship, however, requires a declaration to the Civil Status Office, or to the diplomatic authority, as well as an acknowledgment of the will by the Great and General Council.
Anyone who, for the purposes of acquiring, maintaining or reacquiring citizenship, makes declarations or produces untruthful documentation is punished in accordance with the current provisions of the Penal Code and is canceled from the Citizenship Registers by order of the Criminal Judge.
The relevant laws
The membership of the individual, as a citizen, in the state-organized society in the Republic of San Marino is regulated by Law 30 November 2000 n.114 “Citizenship Law” signed by the Captains Regent Gian Franco Terenzi – Enzo Colombini and by the Secretary of State for Internal Affairs Francesca Michelotti and by the amendments to Law no. 17 June 2004. 84 approved by the Captains Regent Paolo Bollini and Marino Riccardi and by the Secretary of State for Internal Affairs Loris Francini.
The new legislation repeals the Laws of 25 February 1974 n. 11, 27 March 1984 n. 32 and subsequent amendments and 15 December 1997 n. 144 and any other conflicting rule.
2016 UPDATES
With the entry into force of Law 22 March 2016 n. 38 “Amendments to Law 30 November 2000 n. 114 and subsequent amendments – Law on citizenship” with which changes were made to the requirements and methods for acquiring San Marino citizenship through naturalization, the Secretariat of State for Internal Affairs and Justice communicates that, in implementation of article 4 of the aforementioned Law, on 15 April 2016, Regulation no. 15 April 2016 was promulgated. 8 which identifies the attestations and certificates to be produced to the Civil Registry Office for the purposes of submitting the application aimed at acquiring citizenship by naturalisation.
Considering that Law no. 38/2016 came into force on the thirtieth day following its legal publication, it is possible to produce the required attestations and certificates at the same time as submitting the application starting from Thursday 21 April 2016.
Law no. 38/2016 and Regulation no. 8/2016 can be found on the website www.consigliograndeegenerale.sm and on the website www.interni.segreteria.sm , in the citizen’s area, under the heading provisions on naturalisation. In this area, indications relating to the list of certificates and attestations to be produced to the Civil Registry Office will shortly also be provided depending on the type of application to be presented, as required by the aforementioned Regulation.