The procedure towards Swiss citizenship is one of the strictest in the world. The Swiss Observatory for the federal law on foreign nationals and asylum seekers has therefore drawn up a report urging the Swiss legislator to simplify the requirements to obtain Swiss citizenship.
In 2018, modifications in the law made requirements for naturalisation more restrictive. Indeed, an applicant must now have a settlement permit (C permit) and must have lived in Switzerland for 10 years, whereas a residence permit (B permit) or a temporary admission (F permit) used to be enough. On top of these conditions, naturalisation applicants must prove they are fully integrated in Switzerland. For the first time, the law defines the notion of “integration” and establishes specific conditions, which the authorities apply very strictly. Integration is defined as a means of coexistence between Swiss citizens and the foreign population by which both groups respect the constitutional values and participate in economic, social and cultural life of the society (art. 4 LEI).
To be fully integrated, the applicant must respect public safety, security and order, respect the values of the Federal Constitution, be able to communicate in a national language, orally and by writing, participate in working life or make efforts to acquire an education and finally encourage and support their family in their integration (art. 12 LN).
These new regulations result in unfair situations for many people, especially two specific categories: carte de legitimation (CDL) holders and refugees provisionally admitted on an F permit. In most cases, these people have spent many years in Switzerland and are fully integrated, having learned the local language and become accustomed to the Swiss way of life. However, although years spent in Switzerland with a CDL are counted in the required years for naturalisation (10 years), they do not count towards the number of years necessary to obtain a C permit. Without being eligible to request a C permit, this category of foreigners is excluded from Swiss citizenship, even though they meet all the integration criteria and have lived in Switzerland for enough years to apply for naturalisation.
Refugees living in Switzerland on an F permit often find themselves in a similarly unfair situation. A temporary admission is delivered to people having been ordered to leave Switzerland but in whose cases the order has proved unlawful, unreasonable or impossible. This autorisation is delivered for twelve months and can be renewed by the canton of residence for twelve months at a time. Provisionally admitted foreigners therefore often live in Switzerland for many years, during which they are allowed to work, thus forming a part of Swiss economy and culture. However, just like CDL holders, years spent on an F permit are not counted towards the years requested for a C permit, therefore excluding yet another group of people from Swiss citizenship.
The report concludes that the procedure towards naturalisation should be made fairer, more equal and non-discriminatory.
02/12/21 - Amélia Rauss, Legal Expat
