San Marino citizenship
San Marino citizenship can be obtained through origin or by naturalization.
San Marino citizenship is obtained by birth, when the father and mother are both San Marino citizens. When the father has San Marino citizenship and mother does not, both parents, within 12 months after the son/daughter reaches the age of 18, must declare that the he/she wants to keep the citizenship of the father. On the contrary, the son/daughter of a mother with San Marino citizenship and the father without, can obtain San Marino citizenship if, within 12 months after he/she reaches age 18, both parents declare that he/she chooses the citizenship of the mother. Moreover, the children of only one parent with citizenship of San Marino (in case one of the parents is unknown or stateless) can obtain San Marino citizenship, as well as adopted children according to San Marino Law for Adoption. San Marino citizenship is also obtained by birth in the Republic, in case both parents are unknown or stateless. The children of San Marino citizens, 18 years of age, with continued and effective residence in the territory of San Marino for a minimum of 10 years can obtain the citizenship of San Marino, which can be transmitted also to minors when living in the Republic. One of the eligibility requirements to obtain or for the resumption of San Marino citizenship is good conduct; the applicant must not have been convicted of a criminal offence(unpremeditated) in the Republic or abroad, moreover, the applicant must not have been charged with a prison penalty or interdiction for over 1 year. The request for minors must always be submitted by parents or legal guardians and in case of residence abroad, to the Registrar or Consular, Diplomatic authorities of San Marino who will forward the application to the Registrar. On the other hand, the declaration of will to keep the citizenship of San Marino must be declared personally within 12 months after reaching age 18.
Concerning the naturalization, the citizenship is awarded to a foreign person by the Grand and General Council with legal provisions to be passed with a qualified two-thirds majority of the members. At the approval time of the legal provision, it is necessary that the applicant appear in the Registry Office for resident inhabitants and must not have been convicted of a criminal offence (unpremeditated) in the Republic or abroad, the applicant must not have been charged with a prison penalty or interdiction for over 1 year. To obtain the citizenship it is necessary to renounce any other citizenship and to have effective continued residence for at least 30 years in the territory of the Republic. The residence certificate is issued exclusively by the public offices concerned. Applicants must prove that they have maintained continuous residence in the Republic (effective residence, ordinary stay permit, continuous special stay permit). The foreigners resident in the Republic from birth are allowed to request naturalization when one of the parents or relations up to the 2° have maintained continuous residence in the Republic for 30 years. Citizenship obtained by naturalization may also be passed on to their resident naturalized children (minors). When the citizenship of San Marino is obtained by naturalization by only one of the parents, while the other has foreign citizenship, the citizenship of San Marino can be extended to the minor when he becomes of age. The naturalization involves also a formal act; namely, attending a ceremony and taking the Oath of Allegiance to the Republic of San Marino in front of the Captains Regent and the State Secretary of Internals Affairs. Sons/daughters of a mother of the Republic of San Marino can obtain citizenship through relevant request within 6 months after they are of age (18).
All enquiries to maintain or to choose the citizenship must be sent to the Registrar. In case of residence abroad, the applicants must appear before the diplomatic or consulate authorities with all documents. The authorities will then forward the documentation to the Registrar. In the case of marriage with foreigners one can maintain the citizenship of San Marino unless he/she intends expressly to obtain the citizenship of the foreign consort. In this case it is a voluntary renouncement of citizenship. Anyone who, in order to obtain, to maintain or to recover the citizenship, gives untrue documents or declarations, will be prosecuted according to the law in force of the Penal Code and will be cancelled in the Registry Office with action of the Penal Judge.
Relevant norms
The norms which regulate the citizenship of each citizen of the Republic of San Marino are contained in the Law 30 November 2000 n.114 "Law of citizenship" signed by Captains Regent Gian Franco Terenzi – Enzo Colombini and by the State Secretary of Foreign Affairs Francesca Michelotti and following amendments to the Law 17 June 2004 n. 84 issued by Captains Regent Paolo Bollini and Marino Riccardi and by the State Secretary for Foreign Affairs Loris Francini. The new norms in force repeal the Laws 25 February 1974 n. 11, 27 March 1984 n. 32 and following amendments and 15 December 1997 n. 144 and any other norm in contrast.