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SWISS CITIZENSHIP

‘Too soon’: Why Swiss MPs refused to ease naturalisation rules for some foreigners

The issue of simplifying the citizenship process for Swiss-born foreigners, which has been on Switzerland’s political agenda for years, has now been scrapped.

'Too soon': Why Swiss MPs refused to ease naturalisation rules for some foreigners
Third-generation foreigners still face bumps on the road to Swiss citizenship. Photo by Anne-Christine POUJOULAT / AFP

While some MPs have been calling for the loosening of the current requirements, thought to be too strict and difficult to fulfill, the majority of deputies voted to maintain the status quo.

The Council of States has vetoed  on Wednesday a parliamentary initiative of the National Council which sought to relax the criteria for the naturalisation procedure for Swiss-born grandchildren of immigrants.

This decision came a month after the Political Institutions Commission of the Council of States recommended that the parliament turn down any motions aimed at lowering the obstacles to naturalisation for this group of people — even though in 2017, voters approved facilitated naturalisation for Swiss-born grandchildren of immigrants.

READ MORE: Swiss lawmakers refuse to ease citizenship rules for third-generation immigrants 

After that ‘yes’ vote, more relaxed measures were introduced in 2018, though many restrictions still remain (see below).

This has prompted deputies from left-wing parties to push for further easing of the requirements.

“The procedure is still tedious, with significant administrative burden and obstacles,” according to Green MP Lisa Mazzone.

These motions have, however, been turned down on Wednesday because “facilitated naturalisation for the third generation was introduced only a few years ago and we must  wait for more information on the evolution of the situation before starting a new revision of the law,” said Marco Chiesa of the populist Swiss People’s Party (SVP), which has opposed laxer rules for these, or any other, foreigners.

READ ALSO: ‘Broken system’ – The fight to make it easier for foreigners to become Swiss

Why do people born in Switzerland have to be naturalised?

Unlike many other countries, being born in Switzerland doesn’t automatically mean the person is Swiss — even if they have lived their entire lives here.

If their parents were born abroad and still hold foreign passports, a person will not obtain Swiss citizenship at birth, but must be naturalised.

The Social Democratic party has been pushing for years for laws allowing citizenship by birth in a manner similar to the United States, France, and many other countries.

“Anyone who is born in the country, grows up, works, and spends his life here should also have the appropriate rights as a citizen. That is a democratic and human rights principle,” said socialist MP Paul Rechsteiner.

However, this plan has been encountering resistance, particularly from the SVP, who have consistently advocated for a tough naturalisation framework. 

READ MORE: How Switzerland’s Social Democrats want to introduce ‘citizenship by birth’

What are criteria for third-generation naturalisation?

Greens and Social Democrats have been trying (unsuccessfully so far) to relax the rules many in Switzerland consider too harsh.

Even after the new law was introduced in 2018, “the legal requirements are impossible to meet,” according to a report by the Federal Commission for Migration (FCM) “Thus, it is clear that facilitated naturalisation is not actually easier for the third generation, but rather more difficult.”

The burden of proof is very high and often, as FCM stated, difficult to meet.

For instance, at least one of the grandparents must have been born in Switzerland or it can be plausibly established that the grandparent had a B, C, L or A permit. 

Or, at least one of the parents had a C permit, had lived in Switzerland for at least 10 years and had completed at least five years of compulsory schooling here.

However, as the FCM pointed out, the documentation relating to grandparents could be difficult to obtain if they are deceased and no family records can be found.

And many parents who arrived in Switzerland later in life did not meet the five years of compulsory schooling  criteria, so eligibility for citizenship under this rule “is a real obstacle”, according to the study.

“For third-generation foreigners, the administrative burden inherent in the current procedure is unfairly high: while they themselves meet all the criteria, their application for naturalisation depends above all on the residence status of their parents,” the report said.

READ MORE: Third generation fast-track naturalisation in Switzerland: What you need to know 
 
All this doesn’t necessarily mean the efforts to introduce less stringent rules are definitely finished, but so far MPs haven’t indicated whether, or when, they will continue the battle.

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For members

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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