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Bern argues over passports for 3rd generation foreigners

Should it be easier for third generation immigrants – the grandchildren of foreigners residing in Switzerland – to obtain Swiss citizenship?

Bern argues over passports for 3rd generation foreigners
File photo: The Local

The issue is causing headaches in parliament at the moment after the two houses failed to agree on what conditions should be required for such people to become Swiss, reported news agencies on Thursday.

Unlike in many other countries, people born in Switzerland are not automatically granted citizenship if their parents are not Swiss, but can apply to be naturalized under certain conditions. If neither their parents nor grandparents were Swiss, they could be the third generation of a family living in the country without citizenship.

At the moment the cantons set down their own rules regarding the naturalization process for third generation foreigners , but the federal government is trying to make the it easier by revising the law at federal level.

Under new rules developed in the lower house of parliament, a third generation foreigner could be granted simplified naturalization – as opposed to the longer process of ordinary naturalization – if they were born in Switzerland, have a C permit (permanent residency) and have completed at least five years of compulsory schooling in the country.

At least one of their parents must also have a C permit, have gone through the Swiss school system, and lived in Switzerland for at least a decade.

But on Thursday the upper house – or senate – failed to agree with the lower house on two other points.

As part of the proposed rules, at least one of the applicant’s grandparents  must have been born in Switzerland or have had permanent residency. But that’s not always easy to prove, said the lower house, which suggested softening the burden of proof.

It was also concerned by the suggestion that facilitated naturalization should only be open to people aged up to 25 – in an attempt to stop people from getting out of military service by only applying for citizenship after that age.

However such a rule could prevent thousands of older people from applying for citizenship, said the lower house. Consequently, a clause should be added to say that third generation foreigners of any age should have five years to place their application from the time the new law comes into force.

But the senate disagreed on both points, voting against the lower house’s suggestions.

While the government wants to make the process easier, both houses reject the idea that third generation immigrants should automatically get Swiss citizenship by being born in Switzerland.

Before any law on the subject is passed, the Swiss people will have the final word in a referendum.

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SWISS CITIZENSHIP

Do you need permanent residency to become a Swiss citizen?

There are many eligibility criteria to be met before applying for naturalisation. But is living in Switzerland one of them?

Do you need permanent residency to become a Swiss citizen?

If you have gone through the naturalisation procedure — or are planning to do so — you probably know all the requirements you need to fulfil.

There is the language proficiency, successful integration, and yes, length of residency as well.

This implies that you must actually live in Switzerland a certain length of time as a permanent resident before being able to seek citizenship.

This rule also extends to foreign spouses of Swiss citizens, who must live at least five years in the country — including three years before applying for naturalisation. 

What exactly does this mean?

In Switzerland, ‘permanent residence’ for the purpose of naturalisation means that you must have a ‘settlement’ C permit — the highest in Switzerland’s permit hierarchy, and the only one allowing to apply for citizenship.

Most foreigners in Switzerland, especially those coming from the EU or EFTA nations (Norway, Iceland, and Liechtenstein) ‘worked their way up’ from the B to C permit through residency — typically five years.

In case you come from non-EU / EFTA states (including the UK), then your wait to ‘upgrade’ from a B to a C permit is twice as long — 10 continuous years.

There are, however, some exemptions from these rules.

For instance, Americans and Canadians are on par with their EU/ EFTA counterparts: they can also apply for a C permit after five years of continuous residence on a B permit.

Another exemption to the length-of-residency rules are Switzerland-born foreigners who have lived in the country since birth and are automatically holders of a C permit.

READ ALSO: Why does Switzerland have two kinds of C-permit holders? 

So in that sense, applicants for citizenship must be permanent residents of Switzerland who have a C permit.

But there are some non-residents who can become Swiss citizens as well

This is where the so-called ‘citizenship by ancestry’ kicks in.

You may apply for citizenship via the ancestry route through paternal or maternal descent, regardless of your place of birth and whether you actually live in Switzerland or not.

According to the Swiss Citizenship Act, you are considered Swiss if your parents are married to each other and either of them is a Swiss citizen

You may also apply for facilitated naturalisation if you are the child of a female Swiss citizen, even if your mother is not married to your father.

This process is not automatic, however; you will still have to prove that you have close ties with Switzerland — for instance, through family interactions or regular visits to the country.

If, however, you are the child of a Swiss father not married to your mother, the situation is slightly trickier.

In such as case, you can acquire citizenship at birth (or later) so long as the father’s paternity is established. In this case, too, you will need to prove your close ties with Switzerland.

In all these cases, you don’t have to live in Switzerland at all (or only occasionally) and still apply for a Swiss citizenship.

READ ALSO: The bizarre reasons applicants have been denied Swiss citizenship
 

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