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Report: Swiss citizenship rules leave some stateless

Some people in Switzerland can be left ‘stateless’ when the authorities withdraw their Swiss passport on suspicion of a sham marriage, the Tages Anzeiger has reported.

Published: 8 September 2016 10:47 CEST

Report: Swiss citizenship rules leave some stateless

File photo: Martin Abegglen

Under Swiss rules, a foreign national who obtained Swiss citizenship through marriage to a Swiss can have their naturalization revoked up to eight years after the marriage if the authorities suspect the marriage to be a sham, said the paper on Thursday.

Quoting figures from the Swiss Migration Office (SEM), the paper said around 50 to 60 naturalized Swiss have their citizenship revoked every year.

The number of such cases has risen since the beginning of the century, with only eight in 2000, according to SEM figures.

And in some cases, it can leave the person stateless, said the paper.

It quotes the example of a man originally from Angola who has lived in Switzerland for 20 years.

After his marriage to a Swiss – through which he obtained Swiss citizenship – ended in divorce in 2008, the SEM revoked his naturalization. But, no longer having an Angolan passport, he was left stateless.

Speaking to the paper, the SEM confirmed that its policy can result in making people stateless, if, for example, the person’s country of origin does not recognize double-citizenship and demanded they relinquish their original nationality to become Swiss.

Currently, the SEM does not have figures on the number of people affected in this way.

However the Tages Anzeiger added that international law means Switzerland cannot make terrorists stateless. The authorities may withdraw Swiss nationality, but only if the person concerned has a second nationality, said the SEM.

In Switzerland, the foreign spouse of a Swiss citizen can apply for simplified naturalization – an easier process than ordinary naturalization – if they meet certain conditions, for example if they have lived in Switzerland for five years, or lived with their Swiss partner for three years.

Even foreign spouses living abroad can request simplified naturalization under certain conditions, according to the SEM.

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Can I get Swiss citizenship and then move abroad?

You may have a variety of reasons why you opt to move out of Switzerland after becoming a citizen.

Your decision may have to do with your work, education, family, or simply a desire to live elsewhere.

But is there a wait period before a newly-minted citizen can leav the country?

No, there isn’t.

There is no distinction between new citizens, those who had been naturalised years ago, or people who are Swiss from birth.

In the eyes of the law, they are all Swiss on equal footing.

This means you can leave the country and then return whenever you want — unless there is some compelling reason why you are not allowed to do so — for instance, if you are under criminal investigation.

In fact, an estimated 800,000 Swiss citizens — roughly 11 percent of the entire population — live abroad.

What’s more, you are not required to offer any explanations to any officials or authorities about why you choose to emigrate so quickly after becoming a Swiss citizen.

What do you have to do to leave the country?

Besides the usual steps you have to take when you relocate — like notifying your landlord and canceling your mail delivery — there are some official administrative procedures you are required to follow as well before you go.

One is de-registering from your commune of residence.

Once you do so, you can submit the de-registration document to your health insurance company, so you can cancel your policy.

What about tax authorities?

Once you de-register from your commune, the tax office in your canton will be informed automatically of your departure.

While you will no longer be required to pay income tax in Switzerland if you are employed abroad, you will continue to be taxed on your wealth if, for instance, you own property or other assets in Switzerland.

Primary versus secondary

All of the above applies if you leave Switzerland for good.

But some people, like dual nationals for instance, may choose to spend part of the year in their countries of origin, and the other part in Switzerland.

If this is your plan, you should decide whether Switzerland or another country will be your primary legal residence (for tax purposes you can have only one primary residence, with the other counting as your secondary one).

Primary — or tax residence — means that you live in Switzerland 30 days per year in a row while working, or 90 consecutive days if not employed.

If you choose another country as your main base, then you don’t have to do much of anything, from the administrative perspective.

However, in case you pick Switzerland as your main residence, you are required to maintain your Swiss health insurance, be registered in a commune where you live and, of course pay income taxes here.

What if you move away from Switzerland completely but want to come back?

Regardless of whether you leave the country immediately after becoming a citizen, and even if you have been living abroad for many years, you can always, at any time, return to Switzerland.

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