Act on Settlement and Residence (NG) - Scope of the Right of Establishment (NG)

1. The free establishment in the municipalities of the Canton of Lucerne is guaranteed in accordance with the Federal Constitution, the Cantonal Constitution, the establishment treaties, and this law.

2. Every Swiss citizen, as well as every foreigner to whom the establishment treaty of their home country applies, has the right to stay or settle in any municipality of the Canton.

1. The provisions of Article 45 of the Federal Constitution apply to the refusal and withdrawal of settlement. Contracts with other cantons remain reserved.

2. Special provisions of federal law apply to foreigners.

1. Any person who takes up residence or stays as a resident in a municipality must register with the municipality at the beginning and upon termination of their stay. The obligation to register also applies to a change of residence within the municipality or within a building.

2. Truthful information must be provided about the data to be recorded in the residents' register. This information must be substantiated as required.

1. Anyone intending to take residence in a municipality of the canton or to stay there for more than three months must comply with the following requirements for establishing domicile within 14 days

a. Swiss citizens who are not citizens of the canton must submit their certificate of origin or another equivalent identity document;

b. Canton citizens who are not establishing residence in their home municipality must submit their certificate of origin. A certificate of origin issued before the implementation of this law is considered a fully valid identity document.

c. Foreigners must submit their passports or the special identification documents provided for in residency agreements;

d. In newly arriving families living together, not only the father but also adult children must provide identity documents.

1. Married Swiss citizens who are required to file identification documents must also present the family certificate. Married foreigners are required to submit the appropriate documents for the wife and any children. Individuals in a registered partnership must additionally present the partnership certificate or a corresponding attestation.

2. Citizens of a canton who reside and remain in their home municipality do not have to submit identification documents.

3. However, citizens returning to their home municipality must file their identification documents with the municipality.

4. Citizens who had identification documents issued during their period of residence in their home municipality must deposit these with the municipality as soon as they no longer need them.

1. Anyone who wishes to stay temporarily in a municipality without being a resident as per § 3 is considered a sojourner. As such, they require a residence permit from the municipality if they are not a citizen of that municipality. Sojourners must register with the municipality within 14 days and present proof that their residency is legally regulated.

1. Unless the municipality's legislative enactments provide otherwise, the authority responsible for residency and settlement within the municipality is the municipal council.

2. The cantonal office for migration is responsible for granting residency or settlement permits to foreigners.

1. Any person staying in guest and holiday houses, inns, or visiting privately is exempt from submitting identification documents and the registration requirement pursuant to § 5 for a period of two months.

2. Residents in inns and boarding houses are obliged to provide the necessary information for the preparation of hotel records and hotel bulletins.

3. Foreigners staying with private individuals or in holiday homes are required to register with the municipality within ten days, presenting valid identification documents.

1. Employees who work and reside in a municipality but regularly spend weekends and other statutory rest periods at their residence within the shared household of their parents or family can deposit a certificate indicating that they are resident in another municipality, instead of a home certificate. This certificate must be submitted to the municipality of the workplace within one month.

2. Anyone who practices an independent profession or business (with the exception of itinerant trades) in a municipality where they are neither a citizen nor a resident must provide proof within one month to the municipality that they are resident in another municipality.

3. Employees who only stay in a municipality during working hours and regularly return to their place of residence are not considered residents under the meaning of this law and are exempt from registration and document submission at their workplace.

1. The Executive Council shall issue, by means of ordinance, regulations concerning the settlement and residence of students, wards, and institutional residents.

1. The municipality issues a receipt for the deposit of identity documents. This receipt serves as proof of the legal regulation of residence, unless revoked by the municipality within one month, and should contain the following information: date of issuance, surname and first name, date of birth, marital status, place of origin, exact place of residence, designation and any validity period of the identification documents, and the amount of the fee charged.

2. Foreign nationals receive the prescribed foreigner's identity card from the Office for Migration in place of the receipt.

1. In the case of Swiss citizens who are subject to service and replacement obligations, each deposit or withdrawal of identifying documents must be immediately reported to the responsible section chief in accordance with the regulations on military control.

1. The municipalities safeguard the documents and maintain precise chronological and alphabetical records of their receipt and issuance, as well as the issued receipt certificates, in accordance with standardized forms established by the Government Council.

2. The right to request information about personal data from the residents' register and to inspect it is governed by the Cantonal Data Protection Act of July 2, 1990.

3. ...

1. Municipalities maintain a residents' register in electronic form in accordance with the provisions of the Federal Act on the Harmonization of Resident Records and Other Official Registers of Persons (Registers Harmonization Act) dated June 23, 2006.

2. The following features must be recorded in the residents' register

a. Features according to Article 6 of the Registers Harmonization Act,

b. Name and first name of the parents at the birth of the child,

c. Name and first name of the spouse or registered partner,

d. Maiden name, alliance name, name in foreign passport, alias name, and preferred name,

e. Date of civil status event,

f. Fire service obligation,

g. Custody and civil legal capacity,

h. Confidentiality notices.

3. The government council may, after consultation with the cantonal data protection officer, stipulate by ordinance the management of additional features, provided this is necessary for the fulfillment of cantonal or municipal tasks. It shall observe the protection of personal privacy.

4. It determines how features not listed in the official catalog according to Article 4, paragraph 4 of the Registers Harmonization Act are to be managed.

5. When people move away or move in, the municipalities continuously exchange data from the residents' registers with each other.

1. Upon moving out of the municipality, identification documents must be handed over to the owner immediately and free of charge, upon return of the receipt.

2. Foreigners are subject to the provisions of immigration law.

3. The Department of Justice and Security and the competent criminal authorities may impose a passport or document ban on accused or suspected persons.

1. The fees for the receipt and verification of identification documents, the issuance of document receipt certificates, etc. are determined according to the fee schedule or the immigration law fee regulation.

2. Police officers tasked with collecting identification documents are entitled to reasonable compensation from the municipality.

1. Foreign nationals are required to provide a security deposit if they

a. receive a residency or settlement permit without recognized and valid home country identification documents,

b. are temporarily admitted and able to support themselves with their own resources.

2. The security deposit amounts to 3000 Swiss Francs for individuals and 5000 Swiss Francs for families. It must be paid to the Office for Migration. Payment in installments is possible.

3. The security deposit is intended to cover public law claims and the conditions included in the residency permit.

4. The Office for Migration may waive the security deposit in cases of hardship.

1. The municipalities are required to demand the identification documents from those individuals who do not submit them within the prescribed period. They are responsible for ensuring that the provisions regarding the submission of documents are complied with.

1. Landlords or property management companies are obligated to report to the municipality, free of charge, the names, first names, as well as the start and end dates of tenancy for tenants moving in, moving within, or moving out. They must also provide the Federal Building Identifier (EGID) and the Federal Housing Identifier (EWID). This obligation also applies to those providing lodging for individuals living in their household.

2. Heads of collective households must report the residents to the municipality free of charge. The government council regulates the details.

3. If the reporting obligation according to § 2a is not fulfilled, the following entities must provide information to the municipality upon request, free of charge

a. Employers regarding the residential and correspondence addresses of the mandatory-reporting individuals they employ,

b. Electrical utility companies and other providers of utility services regarding data necessary for determining and maintaining housing identification.

1. Any person who fails to comply with the reporting and information obligations set forth in this law, despite a warning, may be fined up to 1000 Swiss francs by the municipality. The fines are paid into the municipal treasury.

1. Decisions issued under the application of this law may be contested in accordance with the provisions of the Administrative Judiciary Act of July 3, 1972.

1. The supervision in the field of establishment matters is the responsibility of the Department of Justice and Security.

2. The Department of Justice and Security is particularly authorized to request inspections and identity documents for review, as well as to demand control excerpts, and to have its officials examine the proper conduct of monitoring.

1. This law repeals the Law on Settlement Affairs of May 30, 1894. It is to be published and enforced by the Governing Council.

2. The time of its entry into force will be determined by the Governing Council, after approval by the Federal Council.