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How does San Marino handle overstays or illegal stay?

July 23, 2025

San Marino is one of the world’s smallest independent states, entirely surrounded by Italy. Although it is not part of the European Union or the Schengen Area, San Marino’s open border with Italy means that visitors and residents must comply with both San Marino’s own residence rules and the broader Schengen visa regulations that apply when entering through Italy.

Because San Marino does not issue its own entry visas, the conditions of entry and permitted length of stay are linked to your legal status in Italy and the Schengen Zone.


Entering San Marino: No Border Checks, but Rules Still Apply

Travelers enter San Marino through Italy. There are no passport checks at the border between Italy and San Marino, so if you have legally entered Italy with a valid visa or under a visa waiver, you can freely travel into San Marino.

However, this does not mean you can stay indefinitely. Your permitted stay in San Marino is effectively limited by your legal stay in Italy under Schengen rules.

For example:

  • If you are a non-EU national visiting Italy on a 90-day Schengen visa, you can only stay in San Marino as long as your Schengen visa is valid.

  • If you have an Italian residence permit, you can enter and stay in San Marino for short visits or business, but a long-term stay or work requires a San Marino residence permit or work permit.


Overstaying in San Marino: What Happens?

Since San Marino does not have its own immigration border checks for tourists, overstaying is effectively treated as an overstay in the Schengen Area.

Possible consequences of overstaying include:

  • Penalties under Italian/Schengen law: You could face fines, deportation orders, or entry bans for the entire Schengen Zone.

  • Impact on future visas: Overstaying can make it harder to get another Schengen visa in the future.

  • Local checks: Although there is no routine border control, local police in San Marino can conduct ID checks. If you are found staying without valid permission, they may report the case to Italian authorities.


Illegal Stay for Residents or Workers

If you stay long-term in San Marino without the appropriate residence permit or work authorization, you risk:

  • Fines and removal orders issued by San Marino authorities.

  • Difficulties renewing future residence permits or obtaining a work permit.

  • Possible blacklisting from re-entering San Marino or facing additional scrutiny when applying for Italian visas.


How to Avoid Overstaying

  • Keep track of your Schengen days: If you are a tourist, know how long you are allowed to stay under your visa or visa waiver (usually 90 days in any 180-day period for Schengen).

  • Apply for residence in time: If you plan to live, study, or work in San Marino, make sure your residence or work permit is valid and renewed before it expires.

  • Ask your university or employer for help: If you are a student or employee, your host institution or company should assist you in staying compliant with local requirements.


Enforcement

In practice, checks on overstays inside San Marino are rare for short-term visitors because of the open border with Italy. However, local police do conduct routine checks, and overstaying can lead to legal trouble if discovered.

When leaving San Marino, travelers pass through Italy again, where Schengen exit controls may be in place. If you have overstayed, Italian border police can record the violation and impose penalties.


Final Thoughts

While San Marino’s open border with Italy makes visiting simple, it does not remove your legal responsibility to follow both Schengen rules and local residence permit conditions. Overstaying puts you at risk of fines, deportation, and future travel restrictions. Always monitor your legal status, renew permits on time, and consult local authorities or your host institution if you have questions.


Disclaimer:
This post is for general informational purposes only and does not constitute legal advice. Immigration and residency requirements may change. Always verify the latest rules with San Marino’s Civil Status and Immigration Office, the Italian embassy or consulate, or consult a qualified immigration adviser before making travel or residence plans.

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