Cantonal Citizenship Act (KBüG) - Definitions (KBüG)

1. The following terms have the following meaning in the Cantonal Citizenship Law

a. Cantonal Citizenship: Citizenship of the Canton of Lucerne,

b. Municipal Citizenship: Citizenship in a municipal community of Lucerne,

c. Municipalities are the civic communities,

d. Federal Act: Federal Act on Swiss Citizenship dated June 20, 2014.

1. This law applies to the acquisition and loss of cantonal citizenship and municipal citizenship.

1. For the acquisition and loss of citizenship by operation of law, as well as for reinstatement and facilitated naturalization, the Swiss Civil Code of December 10, 1907 (ZGB) and the Federal Act and Ordinance on Swiss Citizenship are decisive.

1. Every natural person can acquire the municipal and cantonal citizenship in accordance with the provisions of this law.

1. Citizenship of the municipality is necessarily associated with citizenship of the canton.

1. Every natural person can have a maximum of two Swiss municipal citizenships.

2. The citizenships that the wife had as a single woman, based on Article 161 of the former Swiss Civil Code applicable until December 31, 2012, are not counted. This also applies to the transfer of these citizenships to minor children.

3. Further details are specified by the Executive Council in the ordinance.

1. The foundling shall become a citizen of the municipality in which it is found.

2. The citizenship rights thus acquired shall expire if the parentage of the child is established, provided the child is still a minor and does not become stateless.

1. Any person who acquires cantonal citizenship under Article 22 of the Federal Act shall become a citizen of the municipality that has treated him or her as a citizen until that point.

1. Swiss citizens acquire the cantonal citizenship with the granting of the municipal citizenship.

1. The Department of Justice and Security grants foreigners the cantonal citizenship based on the municipal citizenship assured by a municipality, provided that the conditions according to §§ 18-25 are met and the federal naturalization permit is available.

1. The application for naturalization must be submitted to the municipality with the required documents.

2. The details are regulated by the government council in the ordinance.

1. Minor children shall be included in the naturalization of their parents upon application if they are under the parental care of the parents and live with them.

2. If the parents exercise joint parental care, the inclusion in the naturalization requires the consent of both parents.

3. For children aged 12 and above, the requirements according to §§ 18-25 must be independently and appropriately assessed for their age.

4. Adolescents over the age of 16 must declare their own will to acquire citizenship in writing.

1. Minor children and persons under comprehensive guardianship can be naturalized independently.

2. Their legal representative represents them in the naturalization process.

1. For Swiss applicants, citizenship becomes effective with the legal force of the naturalization decision by the municipality.

2. If they hold, in addition to the acquired municipal citizenship of Lucerne, more than one other extra-cantonal municipal citizenship after naturalization and fail to demonstrate within 30 days that they have submitted an application to renounce the surplus extra-cantonal municipal citizenships, the acquired municipal citizenship of Lucerne does not become effective. Proof must be furnished to the municipality whose citizenship was acquired.

3. For foreign applicants, both municipal and cantonal citizenship become effective with the legal force of the naturalization decision by the Department of Justice and Security.

1. If the foreign applicant moves to another municipality or canton during the proceedings, the municipality or the Justice and Security Department handling the application remains competent, provided that the examination necessary for the assurance is completed.

1. The municipality publishes the names and addresses of the persons to whom municipal citizenship has been granted or promised.

2. The municipality may publish the names and addresses of the persons who have submitted a naturalization application.

1. Swiss citizens obtain municipal and cantonal citizenship upon application if they

a. have resided in the municipality of naturalization for a total of three years during the last five years prior to the submission of the application,

b. have resided continuously in the municipality of naturalization for at least one year immediately before naturalization, and

c. enjoy a good reputation in the municipality of naturalization.

**1. Foreign Nationals**

Foreign nationals can be assured of municipal citizenship upon request if they, in addition to meeting the requirements according to § 17

a. are successfully integrated,

b. are familiar with the local living conditions, and

c. do not pose a threat to the internal and external security of Switzerland.

**2. Considerations for Disabilities and Special Circumstances**

The situation of individuals who are unable to meet the criteria of subsection 1a and b or can only do so under difficult conditions, due to a disability, illness, or other significant personal circumstances, must be given appropriate consideration.

1. Successful Integration Is Evidenced Particularly

a. by Observing Public Safety and Order,

b. by Respecting the Values of the Federal Constitution,

c. by the Ability to Communicate in Everyday Life in German, Both Orally and in Writing,

d. by Participation in Economic Life or Acquisition of Education,

e. by the Promotion and Support of the Integration of the Spouse, Registered Partner, or Minor Children over whom Parental Custody is Exercised.

1. The applicant violates public safety and order if they specifically

a. disregard legal provisions and official orders,

b. fail to fulfill public law or private law obligations,

c. knowingly approve or promote crimes or offenses against public peace, genocide, crimes against humanity, or war crimes publicly.

2. Naturalization is excluded as long as there is an entry in the federal criminal register that is accessible to the competent naturalization authorities. Exceptions are possible for suspended sentences and minor offenses. The determinative factor is the severity of the offense.

1. The applicant must respect the values of the Federal Constitution. These particularly include

a. the principles of the rule of law and the liberal-democratic order of Switzerland,

b. the fundamental rights, such as the equality of men and women, the right to life and personal freedom, freedom of belief and conscience, as well as freedom of expression,

c. the obligation to perform military or civilian alternative service and to attend school.

1. The applicant must demonstrate oral language skills in German at reference level B1 and written language skills at reference level A2 of the Common European Framework of Reference for Languages (CEFR).

2. Proof of language skills according to paragraph 1 is deemed to be provided if the applicant

a. speaks and writes German as their mother tongue,

b. has attended compulsory school in the German language for at least five years,

c. has completed secondary or tertiary education in the German language,

d. possesses a language certificate that confirms the language skills according to paragraph 1 and is based on a language test that meets the generally recognized quality standards for language testing procedures.

1. The applicant participates in economic life if they cover their living expenses and maintenance obligations at the time of the application and naturalization through income, assets, or third-party benefits to which they have a legal claim.

2. The applicant participates in education if they are in education or training at the time of the application or naturalization.

3. Anyone who receives social assistance in the three years immediately before the application or during the naturalization process does not meet the requirement of participating in economic life or in education, unless the received social assistance is fully reimbursed.

1. The applicant promotes the integration of family members if they provide support

a. in acquiring language skills in the German language,

b. in participating in economic life or in obtaining education,

c. in participating in the social and cultural life of the community, or

d. in other activities that contribute to their integration in Switzerland and in the locality.

1. The applicant is familiar with local living conditions if they, in particular,

a. possess basic knowledge of the geographical, historical, political, and social conditions at the federal, cantonal, and municipal levels,

b. participate in the social and cultural life of the local community, and

c. maintain contacts with Swiss citizens.

1. Individuals who acquire a municipal citizenship from outside the canton lose

a. their Luzern municipal citizenships if at least two municipal citizenships from outside the canton remain to them,

b. all but one of their Luzern municipal citizenships if more than two municipal citizenships, including the Luzern one, remain to them.

2. Individuals who lose Luzern municipal citizenship under paragraph 1(b) may declare, within 30 days, which Luzern municipal citizenship they wish to retain. This declaration must be submitted to the relevant municipality.

3. If the declaration in the sense of paragraph 2 is not made, the Luzern municipal citizenship last acquired shall remain.

1. Individuals acquiring a municipal citizenship in Lucerne shall lose

a. previous municipal citizenships of Lucerne if they still hold a municipal citizenship from another canton,

b. all but one of their previous municipal citizenships of Lucerne if they hold more than two municipal citizenships.

2. Individuals who lose municipal citizenships of Lucerne according to section 1b may declare within 30 days which municipal citizenship of Lucerne they wish to retain. The declaration must be submitted to the respective municipality.

3. If no declaration pursuant to section 2 is made, the municipal citizenship of Lucerne last acquired shall remain.

1. Individuals are released from the municipal or cantonal citizenship upon request if they provide proof that they possess citizenship of another municipality or canton.

2. The release from Swiss citizenship is governed by Article 37 of the Federal Act.

3. With the release from cantonal citizenship, the municipal citizenship is also forfeited, as well as, according to Article 37 of the Federal Act, the Swiss citizenship.

1. For the loss of citizenship of minor children and persons under comprehensive guardianship, as well as the inclusion of children in the release of their parents from citizenship, Article 38 of the Federal Law shall apply, as well as the provisions of §§ 12 and 13 mutatis mutandis.

1. Jurisdiction for decisions rendered pursuant to this law lies with

a. the municipal assembly for the granting of municipal citizenship to foreign applicants,

b. the municipal council for the

1. granting of municipal citizenship to Swiss applicants,

2. release from municipal citizenship, provided that it is not associated with the loss of Swiss citizenship,

c. the Department of Justice and Security for the

1. granting of cantonal citizenship to foreign applicants,

2. release from Swiss citizenship,

3. annulment pursuant to Article 36, paragraph 3 of the Federal Act,

4. determination of whether a person possesses Swiss citizenship (Art. 43, para. 1 Federal Act).

2. Eligible voters may transfer the right to grant municipal citizenship in accordance with paragraphs 1a and b, in whole or in part, to the municipal council, the municipal assembly, the municipal parliament, or a committee established by the municipality.

1. The Department of Justice and Security is responsible for expressions of opinion and statements without an immediate decision-making character according to federal law, specifically in the following cases

a. Statement regarding applications for facilitated naturalization (Art. 25 para. 1 Federal Law),

b. Statement regarding applications for re-naturalization (Art. 29 para. 1 Federal Law),

c. Consent to the withdrawal of Swiss citizenship (Art. 42 Federal Law).

2. The affected municipalities are to be consulted.

1. The municipality and the canton may charge fees for the processing of applications for naturalization and renunciation of citizenship that do not exceed the cost of processing. The specific details are regulated by the government council in the ordinance.

1. Applicants are entitled to a fair procedure and access to records. They must be granted the right to be heard.

1. The competent municipal and cantonal authorities and bodies may process the personal data necessary for the fulfillment of their tasks under this law, including particularly sensitive personal data and personality profiles.

2. The authorities of the canton and the municipalities are obliged to disclose to the authorities and bodies responsible for the implementation of this law the data necessary for the fulfillment of the tasks under this law.

1. Appeals against decisions of the municipal assembly, the municipal parliament, the municipal council, or a commission pursuant to § 30 may be filed with the Justice and Security Department.

1. The Government Council regulates the enforcement law in the ordinance.

1. Whoever, under the previous law, possessed more than two municipal citizenships may retain them until the next naturalization in a Lucerne municipality or another canton.

1. Applications submitted before this law comes into force shall be processed according to the provisions of the former law until a decision on the application is made.

2. The jurisdiction of the authority where a proceeding is pending at the time this law comes into effect shall continue to be governed by the former law.