Swiss Citizenship Act (SCA)

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In The Matter OfSwiss Citizenship Act (SCA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Chapter 1 Acquisition by Naturalisation

Section 1 Ordinary Naturalisation

Art. 9 Formal requirements

1 The Confederation shall grant a naturalisation licence only if the applicant: a. holds a permanent residence permit when the application is made; and b. can prove that he or she has been resident in Switzerland for at least ten years, three of which have been in the five years prior to making the application. 2 When calculating the length of residence mentioned in paragraph 1 letter b, the period that the applicant has lived in Switzerland between the ages of 8 and 18 counts as double. The actual length of residence must however amount to at least six years.

Art. 10 Requirements in the case of a registered partnership

1 If the applicant has entered into a registered partnership with a Swiss citizen, on making the application, he or she must prove that he or she: a. has resided for at least five years in Switzerland, and for one year immediately prior to making the application; and b. has lived for three years with this person in a registered partnership. 2 The shorter length of residence in paragraph 1 letter a also applies in the event that one of the two partners acquired Swiss citizenship after registration of the partnership through: a. reinstatement of citizenship; or b. through simplified naturalisation based on descent from a Swiss parent.

Art. 11 Material requirements

The Confederation shall grant the naturalisation licence if the applicant meets the following requirements: a. he or she is successfully integrated; b. he or she is familiar with the Swiss way of life; and c. he or she does not pose a risk to Switzerland’s internal or external security.

Art. 12 Criteria for integration

1 Successful integration is demonstrated in particular by: a. showing respect for public security and order; b. respecting the values enshrined in the Federal Constitution; c. being able to communicate in a national language in everyday situations, orally and in writing; d. participating in economic life or by acquiring an education; and e. encouraging and supporting the integration of one’s wife or husband, registered partner or the minor children for whom one has parental responsibility. 2 Appropriate account must be taken of the situation of persons who, due to disability or illness or other significant personal circumstances, are unable or only able with difficult to meet the criteria for integration set out in paragraph 1 letters c and d. 3 The cantons may provide for additional criteria for integration.

Art. 13 Naturalisation procedure

1 The canton shall designate the authority to which the application for naturalisation must be submitted. 2 If the canton and, if cantonal law so provides, the commune agree in principle to naturalisation, they shall forward the application for naturalisation to the State Secretariat for Migration (SEM) once the applicant has passed the cantonal examination. 3 Once all the formal and substantive requirements have been fulfilled, the SEM shall grant the federal naturalisation licence and send it to the cantonal naturalisation authority for the decision on naturalisation. 4 The federal naturalisation licence may be amended retrospectively in order to include the applicant’s children.

Art. 14 Cantonal naturalisation decision

1 The competent cantonal authority shall make the decision on naturalisation within one year of the granting of the federal naturalisation licence. On expiry of this period, the federal naturalisation licence ceases to be valid. 2 It shall refuse the application for naturalisation if matters come to light after the federal naturalisation licence is granted which would have given grounds for not agreeing in principle to naturalisation. 3 The applicant acquires communal, cantonal and Swiss citizenship when the cantonal naturalisation decision becomes legally binding.

Art. 15 Procedure in the canton

1 The procedure in the canton and in the commune is governed by cantonal law. 2 Cantonal law may provide that an application for naturalisation may be submitted to the vote of the communal electorate at a communal assembly.

Art. 16 Obligation to state reasons

1 Reasons must be given for rejecting an application for naturalisation. 2 The communal electorate may reject an application for naturalisation only if a reasoned motion has been made that they should do so.

Art. 17 Protection of privacy

1 The cantons shall ensure that the privacy of applicants is respected in cantonal and communal naturalisation procedures. 2 The communal electorate shall be given the following particulars of applicants: a. nationality; b. length of residence; c. information required to assess whether the applicant meets the naturalisation requirements, and in particular the requirement of integration. 3 When selecting information under paragraph 2, the cantons shall take account of the persons to whom the information is to be given.

Art. 18 Cantonal and communal length of residence

1 The cantonal legislation shall provide for a minimum length of residence of between two and five years. 2 In the event that the applicant moves to another commune or another canton, the canton and the commune in which an application for naturalisation is made remain responsible if they have concluded their assessment of the naturalisation requirements in Articles 11 and 12.

Para. 2 — Corrected by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA; SR 171.10).

Art. 19 Honorary citizenship

The awarding of honorary citizenship to a foreign national by a canton or a commune without federal authorisation for naturalisation does not have the effects of naturalisation.

Section 2 Simplified Naturalisation

Art. 20 Substantive requirements

1 In the simplified naturalisation procedure, the criteria for integration set out in Article 12 paragraphs 1 and 2 must be met. 2 Simplified naturalisation also requires that the applicant does not pose a risk to Switzerland's internal or external security. 3 For applicants who do not live in Switzerland, the requirements of paragraphs 1 and 2 apply mutatis mutandis.

Art. 21 Wife of a Swiss man or husband of a Swiss woman

1 Any foreign national may apply for simplified naturalisation following marriage to a Swiss citizen if he or she: a. has lived for three years in marital union with his or her wife or husband; and b. has resided for at least five years in Switzerland, including one year immediately prior to making the application. 2 Any person who lives or has lived abroad may also apply provided he or she: a. has lived for six years in marital union with his or her wife or husband; and b. has close ties with Switzerland. 3 A foreign national may also apply for simplified naturalisation under paragraphs 1 or 2 if his or her wife or husband acquires Swiss citizenship after their marriage through: a. reinstatement of citizenship; or b. simplified naturalisation based on descent from a Swiss parent. 4 The naturalised person acquires the cantonal and communal citizenship of his or her Swiss spouse. If the spouse is a citizen of two or more cantonal or communes, the naturalised person may decide to acquire

Art. 22 Persons who erroneously believe they are Swiss citizens

1 Any person who has believed in good faith for five years that he or she is a Swiss citizen, and has in practice been treated during this period by the cantonal or communal authorities as a Swiss citizen, may apply for simplified naturalisation. 2 The naturalised person acquires the cantonal citizenship of the canton responsible for the error. This canton shall decide which communal citizenship the person acquires at the same time.

Art. 23 Stateless children

1 A minor child who is stateless may apply for simplified naturalisation if he or she can prove at least five years’ residence in Switzerland, including one year immediately prior to making the application. 2 Any period of residence in Switzerland in accordance with the regulations on foreign nationals will be taken into consideration. 3 The naturalised child acquires the citizenship of his or her commune and canton of residence.

Art. 24 Children of a naturalised parent

1 A foreign child who was a minor at the time his or her parent applied for naturalisation and who was not included in the naturalisation application may apply for simplified naturalisation before the age of 22 if he or she can prove at least five years’ residence in Switzerland, including at least three years immediately prior to making the application. 2 The naturalised child acquires the citizenship of the Swiss parent.

Art. 24a Third generation immigrants

1 The child of foreign parents may on application be naturalised according to a simplified procedure if he or she meets the following requirements: a. at least one grandparent was born in Switzerland or it is credibly demonstrated that he or she acquired a right of residence; b. at least one parent has obtained a permanent residence permit, has been resident in Switzerland for at least ten years, and attended compulsory schooling in Switzerland for at least five years; c. the child was born in Switzerland; d. the child holds a permanent residence permit and has attended compulsory schooling in Switzerland for at least five years. 2 The application must be submitted before the child reaches the age of 25. 3 The naturalised child acquires the citizenship of his or her commune and canton of residence at the time of naturalisation.

Art. 24a — Inserted by No I of the FA of 30 Sept. 2016 (Simplified Naturalisation for Third Generation Immigrants), in force since 15 Feb. 2018 (AS 2018 531; BBl 2015 769 1327).

Art. 25 Jurisdiction and procedure

1 The SEM decides on simplified naturalisation applications; it shall consult the canton concerned before approving an application. 2 The Federal Council regulates the procedure.

Section 3 Reinstatement of Citizenship

Art. 26 Requirements

1 Reinstatement of citizenship requires that the applicant: a. is successfully integrated if he or she lives in Switzerland; b. has close ties with Switzerland if he or she lives abroad; c. shows respect for public security and order; d. respects the values enshrined in the Federal Constitution; and e. does not pose a risk to Switzerland’s internal or external security. 2 For applicants not resident in Switzerland, the requirements of paragraph 1 letters c–e apply by analogy.

Art. 27 Reinstatement of citizenship following forfeiture, relief or loss of citizenship

1 Any person who has lost Swiss citizenship may apply within ten years for that citizenship to be reinstated. 2 On expiry of the period mentioned in paragraph 1, a person may apply for citizenship to be reinstated only if he or she has been resident in Switzerland for three years.

Art. 28 Effect

Through reinstatement of citizenship, the applicant acquires the cantonal and communal citizenship that he or she held previously.

Art. 29 Jurisdiction and procedure

1 The SEM decides on the reinstatement of citizenship; it shall consult the canton concerned before granting an application. 2 The Federal Council regulates the procedure.

Section 4 Common Provisions

Art. 30 Inclusion of children

The applicant's minor children are normally included in the naturalisation application if they live with the applicant. In the case of children over the age of 12, compliance with the requirements of Articles 11 and 12 must be verified independently and autonomously and in a manner appropriate to the age of the child.

Art. 31 Minor children

1 Minor children may only apply for naturalisation through their legal representative. 2 Minor children over the age of 16 must also declare in writing their wish to become a Swiss citizen.

Art. 32 Majority

Majority and minority in terms of this Act are governed by Article 14 of the Swiss Civil Code .

SR 210

Art. 33 Residence

1 The length of residence in Switzerland is calculated based on residence as evidenced by the following residence documents: a. a residence or permanent residence permit; b. temporary admission; half of the period of residence is credited; or c. a legitimation card or comparable residence document issued by the Federal Department of Foreign Affairs. 2 Leaving Switzerland for a short period with the intention of returning does not interrupt a period of residence. 3 A foreign national is deemed to have stopped residing in Switzerland on leaving Switzerland if he or she has deregistered with the responsible authority or has actually lived abroad for more than six months.

Art. 34 Cantonal enquiries

1 If an application is made for ordinary naturalisation, the competent cantonal authority shall, if the formal requirements of Article 9 have been met, assess whether the requirements of Article 11 letters a and b have been met. 2 The SEM shall instruct the cantonal naturalisation authority to conduct the enquiries required to assess whether the requirements for simplified naturalisation, reinstatement of citizenship, declaring a naturalisation null and void or withdrawing Swiss citizenship have been met. 3 The Federal Council shall regulate the procedure. It may issue uniform guidelines on drawing up enquiry reports and provide for deadlines for conducting the enquiries mentioned in paragraph 2.

Art. 35 Fees

1 The federal, cantonal and communal authorities may charge fees in connection with naturalisation procedures or procedures for declaring naturalisations null and void. 2 The fees may not amount to more than is required to cover costs. 3 For the procedure under its jurisdiction, the Confederation may request an advance payment of fees.

Art. 36 Declaration of nullity

1 A naturalisation decision may be declared null and void by the SEM if it has been obtained by using false information or by concealing material facts. 2 The naturalisation decision may be declared null and void within two years of the SEM becoming aware of the legally relevant circumstances, and at the latest within eight years of the naturalised person acquiring Swiss citizenship. A new two year limitation period begins after each investigative act that has been notified to the naturalised person concerned. The limitation periods are suspended during appeal proceedings. 3 Subject to the same requirements, a naturalisation decision under Articles 9–19 may also be declared null and void by the cantonal authority. 4 Nullity extends to all children whose Swiss citizenship is based on the naturalisation decision that has been declared null and void. Exempted therefrom are children who: a. at the time of the decision on the declaration of nullity are over the age of 16 and who meet the re

Chapter 2 Loss by Official Decree

Section 1 Relief of Citizenship

Art. 37 Request for relief and decision

1 Swiss citizens shall on request be relieved of their Swiss citizenship if they are not resident in Switzerland and hold or have been assured of another nationality. Article 31 applies mutatis mutandis. 2 Relief of citizenship is granted by the authority in the canton of origin. 3 Loss of cantonal and communal citizenship and thus of Swiss citizenship take effect on service of the certificate of relief of citizenship.

Art. 38 Inclusion of children

1 Relief of citizenship also applies to minor children who: a. are under the parental care of the person relieved of citizenship; b. are not resident in Switzerland; and c. hold or have been assured of another nationality. 2 Minor children who are over the age of 16 years are only included in the relief of citizenship if they give their written consent.

Art. 39 Certificate of relief of citizenship

1 The canton of origin shall issue a certificate of relief of citizenship in which every person covered by the certificate is listed. 2 The SEM shall arrange for the certificate of relief of citizenship to be served and shall notify the canton when the certificate has been successfully served. 3 It shall postpone service if it is not expected that the person relieved of citizenship will be granted the foreign citizenship of which he or she has been assured. 4 If the place of residence of the person relieved of citizenship is unknown, notice of relief of citizenship may be published in the Federal Gazette. Such publication has the same effect as service of the certificate of relief of citizenship.

Art. 40 Fees

The cantons are entitled to charge fees to cover the costs of the procedure for relief of citizenship.

Art. 41 Multiple cantonal citizenships

1 Swiss citizens with citizenship of two or more cantons may submit their application to any one of their cantons of origin. 2 If one canton of origin decides on the application for relief of citizenship, Swiss citizenships and the citizenship of all the cantons and communes concerned is lost on formal service of the decision. 3 The canton that has decided on relief of citizenship shall notify the other cantons of origin ex officio.

Section 2 Revocation

Art. 42

The SEM may, with consent of the authority in the canton of origin, revoke the Swiss, cantonal and communal citizenship of a person holding dual nationality if his or her conduct is seriously detrimental to the interests or the reputation of Switzerland.