Bei grossen Gesetzen wie OR und ZGB kann dies bis zu 30 Sekunden dauern

Federal Act
on Swiss Citizenship
(Swiss Citizenship Act, SCA)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 20 June 2014 (Status as of 9 July 2019)

The Federal Assembly of the Swiss Confederation,

based on Article 38 of the Federal Constitution1,
and having considered the Federal Council Dispatch dated 4 March 20112,

decrees:

Title 1 Acquisition and Loss of Citizenship by Law

Chapter 1 Acquisition by Law

Art. 1  
 

1 The fol­low­ing per­sons are Swiss cit­izens from birth:

a.
a child whose par­ents are mar­ried to each oth­er and whose fath­er or moth­er is a Swiss cit­izen;
b.
the child of a fe­male Swiss cit­izen who is not mar­ried to the child's fath­er.

2 The minor for­eign child of a Swiss fath­er who is not mar­ried to the child's moth­er ac­quires Swiss cit­izen­ship as if at birth on es­tab­lish­ing fi­li­ation with the fath­er.

3 If a minor child who ac­quires Swiss cit­izen­ship un­der para­graph 2 has chil­dren, they also ac­quire Swiss cit­izen­ship.

Art. 2  
 

1 On ac­quir­ing Swiss cit­izen­ship, a child ac­quires the Swiss par­ent's can­ton­al and com­mun­al cit­izen­ship.

2 If both par­ents are Swiss, the child ac­quires the can­ton­al and com­mun­al cit­izen­ship of the par­ent whose sur­name the child uses.

Art. 3  
 

1 A minor child of un­known par­ent­age who is found in Switzer­land ac­quires cit­izen­ship of the can­ton in which he or she was aban­doned, and thus ac­quires Swiss cit­izen­ship.

2 The can­ton de­cides where the child holds com­mun­al cit­izen­ship.

3 Cit­izen­ship ac­quired in this way lapses if it is es­tab­lished who the par­ents of the child are, provided the child is still a minor and will not be­come state­less.

Art. 4  
 

Where a minor for­eign child is ad­op­ted by a Swiss cit­izen, the child ac­quires the can­ton­al and com­mun­al cit­izen­ship of the ad­opt­ive par­ent and thus ac­quires Swiss cit­izen­ship.

Chapter 2 Loss of Citizenship by Law

Art. 5  
 

If fi­li­ation is ter­min­ated with the par­ent who has con­ferred Swiss cit­izen­ship on the child, the child loses Swiss cit­izen­ship provided the child does not be­come state­less thereby.

Art. 6  
 

1 If a minor Swiss cit­izen is ad­op­ted by a for­eign na­tion­al, he or she loses Swiss cit­izen­ship on ad­op­tion if he or she ac­quires the na­tion­al­ity of the ad­opt­ive par­ent thereby or already holds that na­tion­al­ity.

2 Swiss cit­izen­ship is not lost if fi­li­ation with a Swiss par­ent is es­tab­lished on ad­op­tion or such fi­li­ation re­mains fol­low­ing ad­op­tion.

3 If ad­op­tion is an­nulled, loss of Swiss cit­izen­ship is deemed not to have taken place.

Art. 7  
 

1 A child born abroad to a Swiss par­ent who is a cit­izen of an­oth­er coun­try for­feits Swiss cit­izen­ship on reach­ing the age of 25, un­less his or her birth has been no­ti­fied to a Swiss au­thor­ity abroad or in Switzer­land or he or she has de­clared in writ­ing that he or she wishes to re­main a Swiss cit­izen.

2 If a child for­feits Swiss cit­izen­ship by vir­tue of para­graph 1, then his or her chil­dren also for­feit Swiss cit­izen­ship.

3 No­ti­fic­a­tion in terms of para­graph 1 is con­sti­tuted in par­tic­u­lar by any no­ti­fic­a­tion by par­ents, re­l­at­ives or ac­quaint­ances with a view to the child's entry in re­gisters in Switzer­land, ma­tric­u­la­tion or the is­su­ing of iden­tity doc­u­ments.

4 Any per­son who, against his or her will, has been un­able to provide no­ti­fic­a­tion or a de­clar­a­tion in terms of para­graph 1 in time, may still do so val­idly with­in one year of the reas­on for their fail­ure to do so ceas­ing to ap­ply.

Art. 8  
 

Any per­son who loses Swiss cit­izen­ship by law loses can­ton­al and com­mun­al cit­izen­ship at the same time.

Title 2 Acquisition and Loss of Citizenship by Official Decree

Chapter 1 Acquisition by Naturalisation

Section 1 Ordinary Naturalisation

Art. 9  
 

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  
 

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  
 

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  
 

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  
 

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  
 

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  
 

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  
 

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  
 

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  
 

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 12.3

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

Art. 19  
 

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  
 

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  
 

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 cit­izen­ship of only one can­ton or com­mune.

Art. 22  
 

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  
 

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  
 

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. 24a4  
 

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.

4 In­ser­ted by No I of the FA of 30 Sept. 2016 (Sim­pli­fied Nat­ur­al­isa­tion for Third Gen­er­a­tion Im­mig­rants), in force since 15 Feb. 2018 (AS 2018531; BBl 2015 7691327).

Art. 25  
 

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  
 

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  
 

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  
 

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

Art. 29  
 

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  
 

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  
 

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 and minor­ity in terms of this Act are gov­erned by Art­icle 14 of the Swiss Civil Code 5.

Art. 33  
 

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  
 

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  
 

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  
 

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 res­id­ence re­quire­ments of Art­icle 9 and the per­son­al re­quire­ments of Art­icle 11; or
b.
would be­come state­less as a res­ult of the de­clar­a­tion of nullity.

5 After the de­clar­a­tion of nullity of a nat­ur­al­isa­tion be­comes leg­ally bind­ing, two years must elapse be­fore a new ap­plic­a­tion for nat­ur­al­isa­tion may be made.

6 The wait­ing peri­od in para­graph 5 does not ap­ply to chil­dren in­cluded in the de­clar­a­tion of nullity.

7 The for­feit­ure of the iden­tity doc­u­ments shall be ordered when the de­clar­a­tion of nullity is is­sued.

Chapter 2 Loss by Official Decree

Section 1 Relief of Citizenship

Art. 37  
 

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  
 

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  
 

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  
 

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

Art. 41  
 

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.

Title 3 Declaratory Procedure

Art. 43  
 

1 If there is doubt as to wheth­er a per­son holds Swiss cit­izen­ship, the au­thor­ity in the can­ton of which the cit­izen­ship has been called in­to ques­tion de­cides, on re­quest or ex of­fi­cio.

2 The SEM may also re­quest a de­cision.

Title 4 Processing of Personal Data and Administrative Assistance

Art. 44  
 

In or­der to ful­fil its du­ties un­der this Act, the SEM may pro­cess per­son­al data, in­clud­ing per­son­al­ity pro­files and par­tic­u­larly sens­it­ive data on re­li­gious be­liefs, polit­ic­al activ­it­ies, health, so­cial as­sist­ance meas­ures and ad­min­is­trat­ive or crim­in­al pro­ceed­ings and pen­al­ties. It shall main­tain an elec­tron­ic in­form­a­tion sys­tem for this pur­pose in ac­cord­ance with the Fed­er­al Act of 20 June 20036 on the In­forma­tion Sys­tem for For­eign Na­tion­als and Asylum Mat­ters.

Art. 45  
 

1 In re­sponse to a writ­ten and jus­ti­fied re­quest re­lat­ing to a spe­cif­ic case, the au­thor­it­ies re­spons­ible for im­ple­ment­ing this Act shall dis­close to each oth­er the data re­quired to:

a.
de­cide on an ap­plic­a­tion for or­din­ary nat­ur­al­isa­tion, sim­pli­fied nat­ur­al­isa­tion or re­in­state­ment of cit­izen­ship;
b.
de­clare a nat­ur­al­isa­tion null and void;
c.
de­cide on an ap­plic­a­tion for re­lief of Swiss cit­izen­ship;
d.
is­sue a with­draw­al of Swiss cit­izen­ship;
e.
is­sue a de­clar­at­ory rul­ing about a per­son’s Swiss cit­izen­ship.

2 In re­sponse to a writ­ten and jus­ti­fied re­quest re­lat­ing to a spe­cif­ic case, oth­er fed­er­al, can­ton­al or com­mun­al au­thor­it­ies are re­quired to dis­close to the au­thor­it­ies re­spons­ible for im­ple­ment­ing this Act the data re­quired to carry out their du­ties pur­su­ant to para­graph 1.

Title 5 Rights of Appeal

Art. 46  
 

The can­tons shall ap­point ju­di­cial au­thor­it­ies to act as the ul­ti­mate can­ton­al courts of ap­peal in re­la­tion to de­cisions to re­fuse or­din­ary nat­ur­al­isa­tion.

Art. 47  
 

1 Ap­peals against fi­nal rul­ings by the can­tons and against de­cisions by the fed­er­al ad­min­is­trat­ive au­thor­it­ies are gov­erned by the gen­er­al pro­vi­sions on the ad­min­is­tra­tion of fed­er­al justice.

2 The can­tons and com­munes con­cerned also have a right of ap­peal.

Title 6 Final Provisions

Chapter 1 Implementation and Repeal and Amendment of Other Legislation

Art. 48  
 

The Fed­er­al Coun­cil is re­spons­ible for im­ple­ment­ing this Act.

Art. 49  
 

The re­peal and amend­ment of oth­er le­gis­la­tion are reg­u­lated in the An­nex.

Chapter 2 Transitional Provisions

Art. 50  
 

1 The ac­quis­i­tion and loss of Swiss cit­izen­ship are gov­erned by the law in force at the time that the rel­ev­ant cir­cum­stances oc­curred.

2 Ap­plic­a­tions made be­fore this Act comes in­to force shall be pro­cessed in ac­cord­ance with the pre­vi­ous law ap­plic­able up to and in­clud­ing the de­cision on the ap­plic­a­tion.

Art. 51  
 

1 A for­eign child of a mar­riage between a Swiss moth­er and a for­eign fath­er whose moth­er held Swiss cit­izen­ship pri­or to or at the time of the child's birth may ap­ply for sim­pli­fied nat­ur­al­isa­tion if he or she has close ties with Switzer­land.

2 A for­eign child born to a Swiss fath­er be­fore 1 Janu­ary 2006 may ap­ply for sim­pli­fied nat­ur­al­isa­tion provided he or she meets the re­quire­ments of Art­icle 1 para­graph 2 and has close ties with Switzer­land.

3 A for­eign child born to a Swiss fath­er be­fore 1 Janu­ary 2006 whose par­ents marry ac­quires Swiss cit­izen­ship as if from birth if he or she meets the re­quire­ments of Art­icle 1 para­graph 2.

4 The child ac­quires the can­ton­al and com­mun­al cit­izen­ship that the Swiss par­ent holds or last held, and thus Swiss cit­izen­ship.

5 The re­quire­ments of Art­icle 20 ap­ply mu­tatis mutandis.

Art. 51a7  
 

Third gen­er­a­tion im­mig­rants who are over the age of 25 but have not yet reached the age of 35 when the Amend­ment of 30 Septem­ber 2016 to this Act comes in­to force and who meet the re­quire­ments of Art­icle 24apara­graph 1 may ap­ply for sim­pli­fied nat­ur­al­isa­tion with­in five years of the said Amend­ment com­ing in­to force.8

7 In­ser­ted by No I of the FA of 30 Sept. 2016 (Sim­pli­fied Nat­ur­al­isa­tion for Third Gen­er­a­tion Im­mig­rants), in force since 15 Feb. 2018 (AS 2018531; BBl 2015 7691327).

8 The cor­rec­tion of the Fed­er­al As­sembly Draft­ing Com­mit­tee of 21 June 2019 pub­lished 9 of Ju­ly 2019 relates to the French and Itali­an texts only (AS 2019 2103).

Chapter 3 Referendum and Commencement

Art. 52  
 

1 This Act is sub­ject to an op­tion­al ref­er­en­dum.

2 The Fed­er­al Coun­cil shall de­term­ine the com­mence­ment date.

Com­mence­ment date: 1 Janu­ary 20189

9 FCD of 17 June 2016.

Annex

(Art. 49)

Repeal and Amendment of Other Legislation

I

The Federal Act on Citizenship of 29 September 195210 is repealed.

II

The following federal acts are amended as follows:

...11

10 [AS 1952 1087, 1972 2819No II 2, 1977 237No II 2, 1985 420, 1991 1034, 2000 1891No IV 1, 2003 187Annex No II 1, 2005 52335685Annex No 1, 2006 2197Annex No 2, 2008 3437No II 2 5911, 2011 347725Annex No 1, 2012 2569No II 1]

11 The amendments may be consulted under AS 2016 2561.

Diese Seite ist durch reCAPTCHA geschützt und die Google Datenschutzrichtlinie und Nutzungsbedingungen gelten.

Feedback
Laden