Act on Cantonal and Municipal Citizenship (KBüG) - Scope (KBÜG)

1. This act governs the acquisition and loss of cantonal and municipal citizenship, insofar as the federal government has not enacted regulations or has only set minimum requirements.

2. Unless this act contains specific provisions, the regulations of the Act on Administrative Justice (Administrative Justice Act, AJA) of December 4, 2007, shall apply to all authorities and administrative bodies responsible for matters concerning citizenship.

1. A canton citizen is anyone who possesses the citizenship of a municipality in the canton of Aargau.

2. A child of unknown origin found in the canton (a foundling) acquires the citizenship of the municipality in which it was found.

1. Foreign nationals shall be granted cantonal and municipal citizenship upon application if the federal naturalization permit is available and the naturalization requirements according to this Act are fulfilled.

2. If a naturalization application includes multiple persons, the naturalization requirements must be assessed individually for each person.

3. For children, consideration must be given to their age and level of development.

4. If an applicant is unable to meet certain naturalization requirements due to a physical, mental, psychological, or other impairment, consideration must be given to their abilities.

1. The applicant must meet the following requirements when submitting the application

a) A residence period of five years in the canton and at least a three-year uninterrupted residence in the municipality prior to the submission of the application,

b) successful integration.

1. An applicant is considered successfully integrated if they demonstrate that they

a) are familiar with the living conditions in Switzerland, the canton, and the municipality,

b) possess sufficient language skills and civic knowledge,

c) respect the values of the Federal and Cantonal Constitutions,

d) observe public safety and order,

e) wish to participate in economic life or acquire education.

2. The integration requirements must also be met at the time of the decision by the municipality and the canton.

1. Civic knowledge (basic knowledge of the geographical, historical, political, and social conditions) about Switzerland and the canton of Aargau will be assessed by the municipalities through a fee-based cantonal test before the application is submitted.

2. The civic knowledge test is considered passed if at least three-quarters of the questions are answered correctly.

3. The certificate, issued by the municipalities, confirming the successful completion of the civic knowledge test must be submitted with the naturalization application.

4. The basic knowledge of the geographical, historical, political, and social conditions in the municipality may be assessed during the naturalization interview.

1. The Respect for the Values of the Federal and Cantonal Constitution is to be Confirmed by Signing a Declaration.

1. Compliance with public safety and order is to be confirmed by signing a declaration.

2. Public safety and order are deemed to be observed in adults if

a) The criminal record extract accessible to the cantonal naturalization authorities contains no entries of convictions for crimes or offenses,

b) In the case of a conviction under juvenile criminal law, the deadlines specified in paragraph 3 subparagraphs b and c have passed.

3. Public safety and order are deemed to be observed in juveniles if

a) The criminal record extract accessible to the cantonal naturalization authorities contains no entries,

b) In the ten years preceding the application and during the process, there is no conviction for a crime,

c) In the five years preceding the application and during the process, there is no conviction for an offense.

4. The deadlines in paragraph 3 subparagraphs b and c commence with the order.

5. Adults and juveniles who have been sentenced to a suspended sentence for an offense can be naturalized if the criminal record extract for private individuals contains no entries and the probation period has expired two years prior to the application.

6. In the case of pending criminal proceedings for an offense or crime, the processing of the application is suspended until the criminal proceedings are concluded.

7. Violations or non-criminal acts that constitute a disregard for public order may be appropriately considered in the examination of integration.

1. The Intent to Participate in Economic Life or to Acquire Education is established if the applicant

a) demonstrates an ongoing, permanent employment relationship that has not been terminated, a self-employed economic activity, efforts to seek employment, or, in the case of a temporary employment, the intent to achieve self-reliant economic sustainability,

b) demonstrates active educational endeavors or corresponding efforts, or

c) can cover their living expenses and maintenance obligations in the foreseeable future through income, assets, and contributions from third parties to which they have a legal entitlement.

2. An individual who has received social assistance either during the ten years immediately prior to the application or during the naturalization process does not fulfill the requirement for participation in economic life or acquisition of education, unless the social assistance received is fully reimbursed.

3. The applicant must meet their financial obligations, demonstrated through the submission of an extract from the debt collection register.

4. The extract from the debt collection register must show no outstanding certificates of unpaid debts for the five years preceding the submission of the application and during the procedure.

5. For the three years preceding the application and during the procedure, the extract from the debt collection register must show no debt collections from public-law entities, social insurance institutions, or health insurance providers.

6. Other debt collections may be appropriately considered when assessing integration.

7. If the applicant demonstrates that a debt collection was unfounded, this will not be taken into account.

1. Swiss citizens who have not significantly violated the criminal law and have fulfilled their financial obligations can apply for municipal citizenship if they have resided in the municipality for three years at the time of application, including one year immediately prior to submitting the application.

2. Swiss citizens who have resided in the municipality for ten years are entitled to municipal citizenship under the same conditions.

1. If a citizen of a municipality in Aargau submits a corresponding application, the applicant shall be released from municipal citizenship if they hold the cantonal citizenship of another canton or the citizenship of another municipality in Aargau.

1. Swiss citizens who have rendered exceptional services to the public may be granted honorary citizenship with their consent by the municipal assembly or the residents' council. With the conferment of honorary citizenship, they receive municipal citizenship.

2. The granting of honorary citizenship may also occur even if the residency duration required for naturalization in the municipality is not met.

3. The honorary citizenship is exclusively applicable to the person to whom it was awarded.

1. The responsible department shall in particular be tasked with the following duties

a) Drafting opinions for the federal authority regarding reinstatement of citizenship and facilitated naturalizations,

b) Determining municipal citizenship in cases of facilitated naturalizations,

c) Receiving investigation mandates from the federal authority,

d) Annulment of ordinary naturalizations of foreign nationals,

e) Submitting applications for annulment of facilitated naturalizations and reinstatements of citizenship,

f) Approval for the revocation of Swiss citizenship,

g) Determination of citizenship when it is questionable whether a person holds cantonal or municipal citizenship,

h) Lodging appeals against decisions of the Federal Administrative Court and the administrative authorities of the Federation in matters of citizenship.

2. The responsible department may involve municipalities in conducting investigations related to citizenship matters.

1. Naturalization and release from citizenship generally extend to the minor children of the applicant who has parental authority. Children over the age of 16 must give their written consent.

2. Independent applications for naturalization or release from citizenship by minor children are to be submitted by the legal representative. Minor children over the age of 16 must express their own will in writing.

1. If an applicant relocates their place of residence before the authority responsible for granting municipal citizenship has made a legally binding decision, the procedure becomes irrelevant.

2. If a legally binding decision on the assurance of municipal citizenship has been made and the applicant relocates their place of residence to another municipality in Aargau or to another canton, the Canton of Aargau remains responsible for granting cantonal citizenship.

3. The procedure becomes irrelevant if the applicant relocates their place of residence abroad.

1. The applicant is obligated to submit all necessary documents and provide truthful information.

2. During the naturalization process, the applicant is obligated to promptly report any changes concerning the naturalization requirements.

### 1. Submission of the Application

Upon submission of the application, the cantonal and municipal authorities and administrative bodies responsible for matters of citizenship (competent authorities) may process and store the following personal data necessary for the fulfillment of legal tasks in citizenship matters

a) Names and first names,

b) Marital status,

c) Family law data,

d) Home country,

e) Duration of stay,

f) Data on physical, mental, psychological, or other impairments to the extent relevant for the application of § 3 para. 4,

g) Immigration law data,

h) Data on participation in economic life (specifically regarding profession, professional activity, or acquisition of education),

i) Data for observing public safety and order,

k) Additional data for successful integration in accordance with § 5.

2. The processing of this personal data may be carried out electronically.

3. The government council may decide to implement an electronic document management and information system.

4. Personal data can be made accessible through a retrieval process.

5. Operation, organization, and data access are regulated by ordinance.

1. Competent authorities are permitted to share the personal data they process with each other when it is necessary for the fulfillment of legal duties in matters of citizenship. The data exchange between the canton and municipalities may occur electronically.

2. Other administrative bodies and authorities shall disclose personal data free of charge to the competent authorities upon request if it is necessary for the fulfillment of legal duties in matters of citizenship.

3. Third parties, such as employers and landlords, may be required to disclose personal data to the competent authorities if it is necessary for the fulfillment of legal duties in matters of citizenship.

4. If the competent committee of the Grand Council or the Grand Council itself rejects the granting of cantonal citizenship or a judicial authority decides differently than the municipal assembly or the municipal council, the eligible voters present at the municipal assembly or the members of the municipal council at its meeting shall be informed.

5. Agendas and resolutions may only contain names, first names, birth year, gender, and nationality.

6. Agendas, resolutions regarding assurances of municipal citizenship or naturalizations, and application publications pursuant to § 21 may also be published on the internet.

7. The government council shall regulate by ordinance the time by which personal data published on a municipality's website must be removed.

1. The municipal council reports to the public and the competent department at the end of each year on the number of

a) submitted naturalization applications,

b) naturalization applications withdrawn before the decision of the municipality,

c) rejected naturalization applications,

d) pending and suspended naturalization applications,

e) grants of municipal citizenship.

2. The governing council reports to the public at the end of each year on the number of

a) naturalization applications forwarded by the municipalities,

b) naturalization applications withdrawn before the decision of the Grand Council,

c) rejected naturalization applications,

d) pending and suspended naturalization applications,

e) grants of cantonal citizenship.

3. The reports of the municipal council and the governing council include the number of applications from foreigners, their country of origin, as well as the number of persons encompassed by each application.

1. Foreign nationals submit the naturalization application to the municipal council.

2. Married persons or persons living in a registered partnership may submit the application individually or jointly.

1. The Municipal Council examines compliance with the following naturalization requirements

a) Duration of residence,

b) Adherence to public safety and order,

c) Willingness to participate in economic life or to pursue education.

2. If the requirements according to paragraph 1 are fulfilled, the Municipal Council publishes the application in the official publication organ of the municipality. The publication includes the following details of the applicant and the family members affected by the application

a) Last name and first name,

b) Year of birth,

c) Gender,

d) Country of origin,

e) Postal address.

3. Any person may submit a written statement to the Municipal Council regarding the application within 30 days of the official publication.

1. The municipal council conducts the investigations required for the integration examination according to cantonal guidelines, engages in a discussion with the applicant, and examines the fulfillment of the naturalization prerequisites as well as any submissions made after the publication pursuant to § 21. Irrelevant or anonymous tips are disregarded.

2. If investigations by the municipal council or submissions pursuant to § 21 reveal reasons against granting the municipal citizenship, the applicant must be given the opportunity to comment.

3. The municipal council prepares a report containing the following information

a) Last name and first name,

b) Year and place of birth,

c) Gender,

d) Country of origin,

e) Postal address,

f) Duration of residence in Switzerland,

g) Duration of residence in the municipality,

h) Family law status,

i) Education and profession,

k) Summary of submissions pursuant to § 21,

l) Assessment of integration,

m) The applicant's statement pursuant to paragraph 2.

4. The report pursuant to paragraph 3 is available for inspection by eligible voters before the municipal assembly, or by members of the municipal council before its meeting.

5. The government council issues procedural and substantive guidelines for the municipal council’s investigations through ordinance, particularly

a) regarding the declaration of respect for the values of the Federal Constitution and the Cantonal Constitution,

b) regarding the examination of linguistic and civic knowledge before the naturalization interview,

c) regarding the naturalization interview,

d) concerning the procedure in case of impairments pursuant to § 3, paragraph 4,

e) regarding the exemption from the examination of linguistic knowledge,

f) regarding the examination of adherence to public safety and order, as well as the willingness to participate in economic life or to pursue education.

1. The municipal council may appoint a commission for the assessment of integration.

2. The final evaluation of the naturalization requirements and the submission of applications to the municipal assembly or the residents' council cannot be delegated to the commission.

3. The members of the commission are entitled to full access to the application files.

1. If the naturalization requirements pursuant to this law are fulfilled, the municipal assembly or the municipal council guarantees the municipal citizenship in the event that the cantonal citizenship and the federal naturalization approval are granted.

2. The municipal assembly or the municipal council can only reject an application on the basis of a justified proposal.

3. If a proposal for rejection is based on reasons to which the applicant has not yet had the opportunity to respond, the chairperson may suspend the consideration of the application to allow the right to be heard.

4. A referendum on the decision of the municipal assembly or the municipal council is excluded.

5. Once the assurance of the municipal citizenship becomes legally binding, the municipal council forwards the documents to the competent department.

1. The municipalities may provide for the authority of the municipal council to grant the municipal citizenship in the municipal code. A transfer of this power in accordance with § 39 paragraph 1 of the Law on Municipalities (Municipal Law) of December 19, 1978, is excluded.

1. The competent department examines the application, conducts further investigations if necessary, obtains the federal naturalization permit, and forwards the files with a report and proposal to the commission.

2. The members of the commission are entitled to full access to the application files.

3. If the investigations conducted by the competent department or the commission reveal possible grounds against the granting of cantonal citizenship, the applicant and the municipality must be given the opportunity to comment.

1. The commission makes the final decision on the granting of cantonal citizenship unless the Grand Council decides to take the decision into its own hands.

2. Members of the Grand Council have access to the report of the municipal council pursuant to § 22 para. 3 and the department's report. The names of the applicants and the commission's motions are communicated in writing to the council members along with the meeting invitation.

3. The commission or the Grand Council may deviate from the decision of the authority responsible for granting municipal citizenship if that authority has not applied its discretion lawfully or if not all naturalization requirements are met since the decision.

4. The commission or the Grand Council may reject an application only upon a reasoned request.

5. Decisions of the commission are announced by its president, whereas those of the Grand Council are announced by the parliamentary service.

1. Naturalizations of Swiss citizens and releases from cantonal and communal citizenship are pronounced by the municipal council.

2. The release from Swiss citizenship is decreed by the competent department.

3. The provisions concerning the naturalization of foreigners apply mutatis mutandis to the procedure, with the exception of publication and the possibility to submit petitions pursuant to § 21.

1. Fees charged by the canton and municipalities for processing applications in matters of citizenship may not exceed the procedural costs. The granting of honorary citizenship is free of charge.

2. The government council sets the fee rates by ordinance.

3. The competent department levies the cantonal fees, and the municipal council levies the municipal fees on a case-by-case basis.

4. Fees and expenses can be reduced or waived for indigent persons. The government council may regulate further possibilities of reduction or waiver through an ordinance.

5. Persons required to pay fees and expenses are obligated to provide an advance payment.

1. In matters of civil rights, appeals against decisions made by the competent municipal authority can be filed with the Council of Government, and against decisions made by the Department and the Council of Government can be filed with the Administrative Court. Appeals against decisions of the Grand Council or its commissions can be brought before the Administrative Court.

2. In appeals against decisions in civil rights matters, the exercise of discretion is not subject to review.

1. Legal proceedings pending at the time this law comes into effect shall be assessed in accordance with the law most favorable to the applicant.

2. If a municipality decides to provide in its municipal ordinance that the municipal council is responsible for granting municipal citizenship, the council shall make the decision if the municipal assembly or the residents' council has not yet made a legally binding decision on the application.

1. The government council determines the date of entry into force.