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SWISS CITIZENSHIP

Foreigner wins appeal after being denied Swiss citizenship due to car accident

Authorities in the canton of Schwyz denied a man’s naturalisation request because of a 'minor' car accident which injured no-one. A Swiss court has overturned the decision, ordering that the man be naturalised this year.

A red Swiss passport up close
A Swiss biometric passport. (Photo by Fabrice COFFRINI / AFP)

The man, named in Swiss media as Orhan T, crashed into a post when driving home from work in August 2020. Swiss media reports he nodded off at the wheel after working several long days in the weeks before. 

After the crash the man was hit with a CHF900 fine for “driving a motor vehicle in a non-drivable condition”. There are no suggestions alcohol or drugs were involved. 

When applying for naturalisation, authorities in the central canton of Schwyz postponed his application for a further five years (two years probation and a three-year additional waiting period). 

Orhan otherwise appeared to be an ideal candidate for naturalisation. He has lived in Switzerland since 1994 – well over the ten year minimum – and runs a restaurant which employs several staff. 

Swiss news outlet 20 Minutes reports his restaurant sponsors the local football team, Goldau FC, and supports a range of local clubs and societies. 

He also received positive references from a number of local political representatives all across the political spectrum, from the right-wing Swiss People’s Party to the centre-left Social Democrats. 

In a decision handed down on March 30th, 2022, the Administrative Court in Schwyz said the man’s accident was a “one-off misstep” which should not prejudice his claim at citizenship. 

“It is not apparent how this one-off misstep, in which all other integration requirements are assessed as positive, can have a negative impact on successful integration.”

The court ruled that cantonal authorities must naturalise the man before summer. 

‘A fundamental change in naturalisation practice’

The man’s lawyer said the verdict is likely to have significant consequences for naturalisation in Schwyz and maybe in Switzerland in general, as single incidents will have less of a bearing on a naturalisation claim where the evidence shows a person is clearly integrated. 

“The administrative court is making it clear that an overall assessment must be made even if there are minor missteps. ‘Killer’ criteria are therefore no longer permissible – it must always be specifically checked whether a person is integrated or not.”

Citizenship advocacy organisation Naturalisation Stories agrees, saying “thanks to the judgement, the authorities must now fundamentally change their practice”. 

Recent Swiss history is littered with examples of otherwise worthy candidates being knocked back due to relatively minor aspects. 

Switzerland’s naturalisation process is notoriously difficult, with applicants facing a range of hurdles at all stages of the process. 

In considering an application, not only will a person have to satisfy financial requirements and minimum times living in Switzerland, but they will need to meet a range of requirements laid out by three levels of government: the commune, the canton and the Confederation.

It is at the communal level where things can get particularly unusual, with people knocked back for not knowing enough about local zoo animals, for not liking hiking and for preferring to holiday abroad rather than in Switzerland. 

Nine examples of this are laid out in the following report. 

READ MORE: The nine most surprising questions on Switzerland’s citizenship exam

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SWISS CITIZENSHIP

EXPLAINED: How to speed up your Swiss citizenship application

The naturalisation process in Switzerland is quite slow as it makes its way through two levels of the government — cantonal and municipal. But can be accelerated in certain cases?

EXPLAINED: How to speed up your Swiss citizenship application

You have waited a long time (more than a decade in most cases) to be able to apply for Swiss  citizenship, so when you do, you may be eager to hasten the process.

The Swiss (and that includes the government) don’t like to be rushed, and that penchant for slow deliberations includes naturalisation procedures. The usual wait time from the moment you apply and receive your citizenship is typically between 12 months and two years.

Usually, the wait time is shorter for those applying for the fast-track naturalisation — for instance, people married to a Swiss citizen, or foreigners born in Switzerland — than for people going through the ‘regular’ process.
 
READ ALSO: Five ways you can fast-track your route to Swiss citizenship

Is there a way to make the process go faster?

You can’t jump the line or ask the cantonal or municipal authorities responsible for naturalisation procedures to hurry up.

In fact, such as a move could ‘red-flag’ you as a candidate unworthy of Swiss citizenship because impatience and not following the proper due course could be seen as lack of integration.

There are, however, ways to speed up the process in other ways.

You can do so by following the application instructions to the letter, that is, knowing what documents you need to submit with your application, and making sure you have all the required  paperwork (read more about this below).

This is especially important if you apply in a canton with a high volume of citizenship applications, like Geneva, Vaud, and Zurich, because the wait there will be all that much longer if authorities inform you that such or such document is missing and you still need to send it in.

How should you apply to ensure the smoothest possible process?

This may sound evident, but many applicants may not know where to send in their application.

It should be submitted to authorities in your canton of residence.

What documents should you send in with your application?

All cantons require you to submit a copy of your C permit, and proof of language proficiency acquired from a registered language school in Switzerland.

Other requirements may vary from canton to canton, but they are also likely to include (as, for instance, in Geneva):

  • An extract from the Swiss civil status register, not older than six months
  • A certificate from the tax administration, dated less than three months;
  • A certificate from the prosecution office, less than three months old;
  • A certificate of successful completion of the test validating knowledge of history, geography, as well as Swiss and cantonal institutions.

It goes without saying that if you send in your application but one of the necessary documents is missing, then your application will be put on hold until you provide what’s needed. That will delay the whole process.

So it follows that the best way to ‘speed up’ the entire procedure is to practice the Swiss qualities or organisation and preparedness.

READ ALSO: When can I start counting my residency in Switzerland towards citizenship?

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