Subject Matter (KBÜV)

This Ordinance contains the implementing provisions for the KBüG.

It particularly regulates the responsibilities and specifies and supplements the requirements for the acquisition and loss of cantonal and municipal citizenship, as well as the procedure.

1. The Directorate of Security is responsible for

a. granting cantonal citizenship according to Article 22 paragraph 3 of the Cantonal Citizenship Act (KBüG),

b. annulment of ordinary naturalization (Art. 36 para. 3 of the Federal Act of June 20, 2014, on Swiss Citizenship [Citizenship Act, BüG]).

2. The Office for Population Services (ABEV) is responsible for

a. handling applications according to Article 3 paragraph 2 KBüG and Article 31 KBüG,

b. approving the municipal decision according to Article 8 paragraph 2 KBüG,

c. notifying the municipality according to Article 15 paragraph 2 KBüG,

d. procedural instructions and assurance of cantonal citizenship according to Article 16 paragraphs 1 and 2 KBüG, as well as coordinating the procedure with the federal authority and obtaining the federal naturalization approval (Art. 13 para. 2 BüG),

e. commenting to the federal authority on facilitated naturalizations (Art. 25 BüG) and on reinstatements (Art. 29 BüG),

f. determining municipal citizenship in facilitated naturalizations (Art. 22 para. 2 BüG),

g. conducting investigations on behalf of the federal authority (Art. 34 BüG),

h. release from Swiss citizenship according to Article 37 paragraph 2 BüG and from cantonal and municipal citizenship according to Article 23 paragraph 1 KBüG,

i. consenting to the revocation of Swiss citizenship (Art. 42 BüG),

k. determining citizenship, when it is uncertain whether a person holds the citizenship of a municipality and the canton (Art. 43 para. 1 BüG),

l. filing complaints against decisions of the federal administrative authorities in citizenship matters (Art. 47 para. 2 BüG).

1. Applications pursuant to Article 3, Paragraph 2 of the KBüG and Article 31 of the KBüG must be submitted in writing to the ABEV using the official form, accompanied by a copy of the passport or identity card.

2. Persons who are married to each other or living in a registered partnership may submit the application individually or jointly, provided they share the same place of origin.

3. Children can be included in the application of the parents or of one parent if

a. they are minors at the time of application,

b. they hold the same citizenship as the applying parents or the applying parent, and

c. the consent of the legal guardians is obtained.

4. From the age of 16, minor children must express their own will in writing.

1. The naturalization application must be submitted on the official application form along with the required documents to the municipality whose citizenship is being applied for.

2. Swiss nationals and municipalities are obliged to use the official form provided by the ABEV.

3. The following documents must be attached to the naturalization application

a) Certificate of civil status (for individuals), family certificate (for spouses), or partnership certificate (for registered partnerships),

b) Copy of the passport or identity card.

4. The municipalities determine what additional documents must be attached to the application.

1. Swiss citizens demonstrate their close connection to the municipality on the official application form.

2. The close connection is specifically established through

a) long-term residence,

b) special familial ties, or

c) professional, cultural, or social contributions.

1. Municipalities shall record the facts relevant to naturalization in the decision regarding the assurance of municipal citizenship.

2. Municipalities are obliged to use the official form provided by ABEV for the decision on the assurance of municipal citizenship.

3. Municipalities shall forward to ABEV all legally binding final decisions along with the complete procedural files.

1. Foreign nationals must complete a naturalization test organized by the municipality before submitting their application.

2. The following topics are tested

a) Geography, history, languages, religions, and holidays of Switzerland and the Canton of Bern,

b) Political and societal conditions, democracy, federalism, as well as rights and duties of citizens,

c) Social security, health, work, and education.

3. The naturalization test must be taken in writing and in the official language according to Article 12, paragraph 1, letter d of the Citizenship Ordinance (KBüG). It lasts 90 minutes and is considered passed if at least 60 percent of the questions are answered correctly.

4. The following are exempt from the naturalization test

a) Children who are under 16 years old at the time of application submission,

b) Persons who have attended compulsory school for at least five years according to the Swiss curriculum,

c) Persons who have completed an education at the secondary level II according to the Swiss curriculum or tertiary level in Switzerland.

5. The personal circumstances of the foreign national according to Article 9, letters a, b, and c, number 1 of the Ordinance of 17 June 2016 on Swiss Citizenship (Federal Citizenship Ordinance, BüV) must be appropriately considered in clearly justified cases.

1. The municipalities shall ensure that naturalization tests are conducted at least three times annually. They may conduct these tests together with other municipalities or delegate them to public or private providers.

2. The costs for the naturalization test shall be borne entirely by the foreign applicants.

**On the Successful Completion of the Naturalization Test**

A certificate is issued upon the successful completion of the naturalization test. The proof of successfully passing the naturalization test does not exempt the municipalities and the ABEV from verifying familiarity with Swiss and local living conditions according to Article 12, paragraph 1, letter b of the Swiss Citizenship Act (KBüG). If the naturalization test is not passed, foreign nationals are recommended to attend a naturalization course.

**1. Foreign Nationals' Declaration**

Foreign nationals confirm by signing a written declaration on the official form,

a) that they will observe public safety and order as stipulated in Article 4 of the Federal Law on the Police (BüV),

b) that they have no criminal convictions in foreign countries for misdemeanors or felonies,

c) that they respect the values of the Federal and Cantonal Constitution, and

d) that they promote the integration of family members.

**2. Signature Requirement**

The declaration is to be signed by foreign nationals upon reaching the age of 16.

Entries in the Criminal Records Information System VOSTRA are an obstacle to naturalization in accordance with Article 4 of the BüV.

Foreigners between the ages of 10 and 18 are also not considered successfully integrated if they have committed an offense or crime, resulting in a final conviction, within the three years prior to submitting the application or during the naturalization process.

The municipalities assess compliance with public safety and order in the area of criminality for adult foreigners based on the criminal record excerpt for private individuals, and for foreigners between the ages of 10 and 25 based on the pre-record list of the juvenile prosecutor's office.

The municipalities may request, in writing, information from the ABEV about any entries in the Criminal Records Information System VOSTRA that may be relevant to the pending naturalization process, along with a copy of the naturalization application and the submitted criminal record excerpt for private individuals.

1. Proficiency in the official language according to Article 12, paragraph 1, letter d of the Citizenship Act is demonstrated when the foreign national possesses language skills at level B1 (oral) and A2 (written) of the Common European Framework of Reference for Languages of the Council of Europe (CEFR).

2. Foreign nationals must provide evidence of the required language skills as stated in paragraph 1 through a language certificate recognized by the State Secretariat for Migration.

3. The language certificate as per paragraph 2 is considered as provided when one of the conditions according to Article 6, paragraph 2 of the Citizenship Ordinance is fulfilled.

4. The personal circumstances of the foreign national according to Article 9, letters a, b, and c, number 1 of the Citizenship Ordinance shall be appropriately considered in clearly justified cases.

5. The costs for obtaining the language certificate are to be borne in full by the foreign nationals.

1. For the assessment of participation in economic life or acquisition of education, Articles 7 paragraphs 1 and 2 of the BüV as well as Article 12 paragraph 1 letter c KBüG are decisive.

2. The personal circumstances of foreigners under Article 9 letters a, b, and c number 4 BüV are to be appropriately considered in clearly justified cases. The personal circumstances under Article 9 letter c numbers 2 and 3 BüV are to be considered only insofar as they unreasonably prevent naturalization for an excessively long period, thereby constituting a particular hardship.

3. Individuals who are married or in a registered partnership are jointly liable for social assistance benefits received together.

4. Social assistance benefits received for minor family members are not considered in the sense of Article 12 paragraph 1 letter c KBüG.

5. Repaid social assistance benefits are credited against the most recently received benefits.

1. Foreign nationals are required to fulfill their financial obligations. Proof is provided by submitting extracts from the debt collection register of the places of residence for the last five years.

2. The debt collection register extracts must not show any outstanding certificates of loss or open debt collections in the last five years prior to the application submission and during the naturalization process.

3. Debt collections against which an objection has been raised are not to be considered, provided the objection was made more than a year ago and the creditor has not made any efforts to remove the objection.

4. Definitively assessed, outstanding tax debts are an impediment to naturalization if there is no installment agreement with the tax authority or the agreement is not honored.

5. Persons who are married or living in a registered partnership are jointly liable for financial obligations.

1. The application for naturalization must be submitted on the official application form, along with the required documents, to the municipality whose citizenship is being requested.

2. Foreign nationals and municipalities are obliged to use the official form provided by the ABEV.

1. The following documents must be attached to the naturalization application

a) Confirmation of the registered civil status for foreign nationals and stateless persons issued by a Swiss civil registry office,

b) Copy of the permanent residence permit,

c) Copy of the passport or identity card,

d) Proof of residence or stay for the period relevant to naturalization according to Article 9 of the Citizenship Act (BüG) and Article 11 of the Cantonal Citizenship Act (KBüG), along with proof of the respective residence permits,

e) Criminal record extract for private individuals (from the age of majority),

f) Extracts from the debt enforcement registers of places of residence for the last five years and, if married or in a registered partnership, also from the spouse or the registered partner (from the age of majority),

g) Confirmation of tax payment (from the age of majority),

h) Confirmation of current employment, education, or receipt of social security benefits (from the completed 15th year of age),

i) Proof of receipt or non-receipt of social assistance benefits in the last ten years before submitting the application or their repayment (from the age of majority),

k) Confirmation of successful completion of the naturalization test,

l) Proof of good knowledge of the official language of the respective administrative district according to Article 12,

m) Signed written declaration according to Article 10.

2. The municipalities shall determine which additional documents must be attached to the application.

1. The procedural language is determined by the official language applicable to naturalization according to Article 12 paragraph 1 letter d of the KBüG.

**1. Municipalities carry out the surveys required for the integration assessment according to cantonal guidelines, conduct a naturalization interview with foreigners, and review the prerequisites for naturalization.**

2. They record the facts relevant to naturalization in the official assessment report. This report is updated at the request of the ABEV. The relevant facts concerning minor children must be documented in the assessment report according to their age and developmental stage.

3. They forward the legally binding decisions regarding the granting or denial of municipal citizenship, along with the complete procedural files, to the ABEV.

4. The ABEV reviews the application following municipal assurances, conducts further investigations if necessary, and obtains the federal naturalization authorization.

5. Municipalities are obligated to use the official forms provided by the ABEV for the assessment report and the decision regarding the granting of municipal citizenship.

1. The naturalization interview is conducted individually within the official premises and must be recorded.

2. For children from the age of 12, it should be conducted in accordance with their age and developmental stage.

3. The municipality verifies the identity of the foreign nationals using their passport, identity card, or, in exceptional cases, by other suitable means.

1. If a foreign national relocates to another municipality before the assurance of municipal citizenship, the application becomes moot.

2. If he or she relocates to another municipality after the assurance of municipal citizenship, the Canton of Bern remains responsible for granting cantonal citizenship.

3. Upon termination of residence in Switzerland according to Article 33 paragraph 3 of the BüG, the application becomes moot.

1. The municipalities generally decide on the granting of citizenship within twelve months after receiving the complete application documents.

2. For the canton, the same processing period applies from the receipt of the legally binding granting decision and the complete procedural files from the municipalities.

3. During the suspension of the procedure and the application processing by the federal authority, the processing deadlines are put on hold.

The municipalities and the canton may suspend the procedure once for a maximum of two years with the consent of the applicant if another procedure affects the naturalization requirements.

1. Notification by the ABEV

a) The ABEV communicates the legally binding decision regarding naturalization or citizenship acquisition to the local naturalization authorities.

b) The ABEV notifies the civil registry office responsible for official documentation of the legally binding naturalization or citizenship acquisition.

c) The ABEV informs the State Secretariat for Migration of the legally binding decision concerning naturalization.

2. The municipality informs the applicant of the legally binding naturalization or citizenship acquisition.

1. The application for release from the municipal citizenship of a resident municipality or mixed municipality must be submitted to the ABEV.

2. The application for release from civic rights must be submitted to the civic community.

1. The commune of citizens shall communicate the legally binding release from citizenship to the ABEV, including the complete procedural files.

2. The ABEV shall communicate the legally binding release from nationality or citizenship to the civil registry office responsible for certification.

1. The files of naturalization and citizenship procedures, as well as of release procedures, are maintained by the ABEV.

2. The municipalities may access the files concerning their municipality free of charge.

1. The municipalities charge the applicant both the municipal and cantonal fees together, after the municipal citizenship or community citizenship has been granted.

2. The naturalization process will only be continued once the billed fees have been paid.

3. The ABEV collects the cantonal fees levied by the municipalities from the municipalities at least once a year.

4. The cantonal fee rates are determined according to the Ordinance on the Fees of the Cantonal Administration (Fee Ordinance, GebV) dated February 22, 1995.

1. Naturalization authorities may operate electronic data processing systems within their area of responsibility for data processing.

2. The access rights of the employees of the naturalization authorities to the cantonal electronic data processing systems are limited to their area of responsibility.

3. The processing, storage, and destruction of data in the electronic data processing systems are governed by the Data Protection Act of February 19, 1986 (KDSG)[5].

1. The Regulation of February 22, 1995, on the Fees of the Cantonal Administration (Fees Regulation, GebV)[[6]] shall be amended.

1. The Ordinance of March 1, 2006, on the Naturalization Procedure (Naturalization Ordinance, EbüV) (BSG 121.111) is repealed.

1. This regulation shall enter into force on January 1, 2018.