Citizenship Act of Basel-Country (BüG BL) - Principle

1. Acquisition and Loss of Cantonal and Municipal Citizenship Rights are governed by this law, insofar as federal law does not provide a definitive regulation.

1. The foundling acquires the citizenship of the municipality in which it is found.

2. If its parentage is established, it loses the citizenship acquired pursuant to paragraph 1, provided it is still a minor and does not become stateless as a result.

3. The Department of Public Safety determines the acquisition and loss of citizenship of the foundling.

1. The municipal assembly grants municipal citizenship rights to Swiss citizens, the Council of State grants cantonal citizenship rights to Swiss citizens, and the Cantonal Parliament grants cantonal citizenship rights to foreign nationals. Paragraph 2 remains reserved.

2. The municipal assembly may delegate the authority to grant municipal citizenship rights to foreign nationals and/or Swiss citizens to the municipal council in the naturalization regulation.

3. The provision of paragraph 2 also applies to the granting of honorary citizenship.

4. The Directorate of Security is the competent cantonal authority for the procedures concerning

a. the annulment of naturalizations;

b. facilitated naturalization;

c. re-naturalization.

1. Cantonal and municipal citizenship rights become legally effective

a. upon the naturalization of foreign nationals with the decision of the Cantonal Council;

b. upon the naturalization of Swiss citizens from other cantons with the decision of the Executive Council.

2. Municipal citizenship rights become legally effective during the naturalization of cantonal citizens with the approval of the vote by the Executive Council.

1. Minor children of the applicant are generally included in the naturalization process if they live with the applicant.

2. For children aged 12 and older, the requirements according to § 9 paragraph 1 must be independently and appropriately assessed based on their age.

1. Minors and persons under comprehensive guardianship can submit the application for independent naturalization only through their legal representative.

2. Minors must have reached the age of 16 at the time of submitting the application for the acquisition of citizenship and must also declare their own will to acquire citizenship in writing.

1. Foreign nationals are granted cantonal and municipal citizenship upon request if they meet the requirements for the issuance of federal naturalization permission and the additional requirements according to cantonal and municipal law.

2. The granting of cantonal and municipal citizenship requires residence in the municipality in accordance with the Registration and Deregistration Act (ARG) and successful integration of the applicant.

3. The granting of cantonal and municipal citizenship must not depend on a joint application by spouses.

1. The granting of cantonal citizenship requires a residence period in the canton of 5 years prior to the submission of the application.

2. If spouses jointly submit an application for naturalization and one fulfills the requirement of paragraph 1, then a residence period of 3 years in the canton is sufficient for the other, provided that he or she has been living in marital community with the other spouse for 3 years.

3. The time periods in paragraph 2 also apply to an applicant whose spouse has already acquired Swiss citizenship through naturalization.

4. The granting of municipal citizenship must not be dependent on a residence period in the municipality shorter than 2 years or longer than 5 years.

5. For the registered partner of a Swiss citizen, a residence period of 3 years in the canton is sufficient, provided that he or she has been living in a registered partnership with the Swiss citizen for 3 years.

6. For registered partnerships between foreign nationals, paragraphs 2, 3, and 4 apply accordingly.

1. An applicant is considered successfully integrated if he or she

a. has mastered the German language to such an extent that he or she can communicate well with the people in the local community, with the authorities, in economic life, and in the context of education and training;

b. is integrated into the regional, cantonal, and communal circumstances, particularly by participating in social life and maintaining contact with the Swiss population;

c. possesses basic knowledge of the geographical, historical, political, and societal circumstances in Switzerland, within the canton, and in the municipality, and is familiar with the regional, cantonal, and communal customs, traditions, and practices;

d. participates in economic life or in the acquisition of education;

e. declares in writing allegiance to Switzerland's free democratic constitutional system;

f. respects public safety and order; and

g. supports and assists the integration of his or her spouse, registered partner, and minor children according to the criteria outlined in letters a, b, c, d, e, and f.

2. If the Security Directorate becomes aware of police incidents and/or immigration-related measures, it decides, taking into account the severity of the incidents or the imposed measures, whether the applicant's integration is successful.

3. Due consideration must be given to the situation of persons who are unable or only under difficult conditions to fulfill the integration criteria of paragraph 1 letters a and d due to disability, illness, or other significant personal circumstances.

1. The applicant must demonstrate oral and written language skills at least at the B1 reference level of the commonly recognized European Framework in the German language.

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

a. speaks and writes German as a native language;

b. has completed the entire mandatory schooling in the German language;

c. possesses a language certificate that certifies the language skills according to paragraph 1, based on a language test that meets the generally recognized quality standards for language testing procedures.

1. Public safety and order is considered to be maintained, in particular, if the applicant

a. complies with legal provisions and official directives;

b. possesses a good criminal record; and

c. has a good financial reputation.

2. If there is a violation of legal provisions and/or official directives, the Security Directorate decides, taking into account the seriousness of the violation or the number of any repetitions, whether the applicant is successfully integrated.

1. The applicant is deemed to lack a good reputation, in particular, if there is an entry in the criminal records information system VOSTRA. Paragraph 2 remains reserved.

2. In the case of an entry in the criminal records information system VOSTRA due to an infraction which has been penalized with a fine, the security directorate decides, taking into account the amount of the fine, whether the applicant possesses a good reputation. A good reputation cannot be assumed as long as an imposed sanction has not yet been executed.

3. If the applicant has been convicted of a crime or misdemeanor under juvenile criminal law (Juvenile Criminal Code) that has not been recorded in the criminal records information system VOSTRA, paragraph 4 must be observed.

4. When applying paragraph 3, a good reputation cannot be assumed if at least 5 years have not passed from the time of the offense to the submission of the naturalization application, if the ordered sanction has not yet been executed, and if any ongoing probationary period has not yet expired.

5. Foreign criminal record entries are subject to paragraphs 1-4 correspondingly.

6. In the case of pending criminal proceedings against the applicant, the naturalization process is suspended until the criminal proceedings have been concluded with legal force.

1. The applicant is deemed to not have a good reputation, particularly if they fail to meet public or private law obligations.

2. This is especially the case if

a. One or more certificates of loss are recorded in the certificate of loss register;

b. One or more certificates of loss, which were issued in the last 10 years prior to the application submission or during the naturalization process, have been deleted from the certificate of loss register;

c. One or more justified debt enforcement actions are recorded in the debt enforcement register, which were initiated in the last 10 years prior to the application submission or during the naturalization process.

3. If the debt enforcement actions according to paragraph 2 letter c have been paid, withdrawn, or not continued, the Directorate of Security decides at its discretion, taking into account the number of enforcements and the amount of the claims enforced.

4. The privilege according to paragraph 3 does not apply to enforcements for taxes or for contributions to the AHV, IV, EO, ALV, and pension funds which were initiated within the last 5 years before the application submission or during the naturalization process.

**1. Whoever has received social assistance during the five years immediately prior to the application or during the naturalization process does not fulfill the requirement of participating in economic life or acquiring education, unless the social assistance benefits received during this period have been fully reimbursed.**

1. Granting of Cantonal and Municipal Citizenship Rights requires residency in the municipality as defined by the Foreign Nationals and Integration Act (ARG) and a good reputation of the applicant.

2. The applicant is entitled to be granted Cantonal Citizenship Rights if, at the time of submitting the application, they have resided in the canton for at least 3 years and meet the other requirements of this law.

3. The Department of Security decides, taking into account the severity of any criminal or debt enforcement proceedings as per §§ 12 and 13, whether the applicant has a good reputation.

4. The provisions regarding participation in economic life or the acquisition of education are otherwise applicable mutatis mutandis.

1. Applications by foreign nationals for the granting of Swiss federal naturalization permission, as well as municipal and cantonal citizenship, must be submitted in writing to the Directorate of Security.

2. Applications by Swiss citizens for the granting of municipal or cantonal citizenship must be submitted in writing to the Municipal Council or Citizens' Council.

3. Applicants must provide the documents required to assess the naturalization prerequisites and furnish the requested information.

1. The Department of Security may process personal data for the fulfillment of its duties under this law and for its surveys on behalf of federal authorities. It shall obtain the necessary information for creating personality profiles and may process the following special categories of personal data

a. Measures of social assistance;

b. Criminal and administrative proceedings and sanctions;

c. Behavior at the workplace and in education settings;

d. Health data, insofar as necessary to clarify personal circumstances in accordance with § 9 paragraph 3;

e. Police data.

2. The Municipal Council or the Communal Council may process personal data for the fulfillment of their duties under this law.

3. The Municipal Council or the Communal Council may disclose the following data of the candidate to eligible voters via agenda lists or by publication in the official publication medium

a. Name and first name;

b. Gender;

c. Year of birth;

d. Nationality;

e. Duration of residency in Switzerland, in the canton, and in the municipality.

1. The Security Directorate

a. submits the application to the municipal or communal council for review of integration according to § 9 paragraph 1 letters a, b, c, and g;

b. conducts investigations regarding character and for the decision of the federal naturalization authorization;

c. examines the prerequisites according to § 9 paragraph 1 letters d, e, and f;

d. grants the authorization for the conferment of municipal citizenship if the prerequisites for naturalization are met;

e. denies the granting of cantonal naturalization authorization if the prerequisites for naturalization are not fulfilled;

f. submits the application for the granting of federal naturalization authorization to the federal government after the conferment of municipal citizenship;

g. within 3 months after the granting of the federal naturalization authorization, submits a proposal to the government council for the cantonal citizenship and the amount of the fee to be paid for the attention of the cantonal parliament.

2. The cantonal parliament makes its decision within 10 weeks from the proposal of the government council.

3. The rejection of a naturalization application must be justified.

**1. The Municipal or Community Council:**

a. examines integration in accordance with § 9, paragraph 1, letters a, b, c, and g and communicates its assessment regarding integration to the Security Directorate within 6 weeks from the submission of the application;

b. presents the application along with a recommendation for acceptance or rejection, as well as the determination of the fee for granting community citizenship, to the municipal or community assembly within 6 months of the issuance of the cantonal naturalization permit;

c. transmits the voting protocol to the Security Directorate and reports the amount and payment of the fee within 30 days.

**2. The Municipal or Community Assembly** decides on the application and the fee in an open vote unless a secret vote is resolved.

**3. If the Municipal or Community Council** is responsible for granting community citizenship, it must decide on the application within 3 months from the issuance of the cantonal naturalization permit and communicate its decision, as well as the amount and payment of the fee, to the Security Directorate.

**4. The rejection of a naturalization application** must be justified.

1. The municipal or community council shall review the application and forward it to the Directorate of Security within 6 weeks of its submission with a recommendation for acceptance or rejection.

2. Recommendations for rejection must be substantiated.

3. If the requirements for naturalization are met, the Directorate of Security shall grant the authorization for the conferral of municipal citizenship rights; otherwise, it shall deny them.

4. If the cantonal naturalization authorization is present, the procedure for the conferral of municipal citizenship rights and the notifications to the Directorate of Security are governed by § 19 paragraph 1 letters b and c as well as paragraphs 3 and 4.

5. Upon the conferral of municipal citizenship rights, the Directorate of Security proposes to the government council regarding

a. Swiss citizens from other cantons the conferral of cantonal citizenship rights and the amount of the fee to be paid, and

b. Cantonal citizens the approval of the vote.

1. If the Security Directorate is entrusted with the investigations, it shall give the municipal or local community, whose citizenship is being requested, the opportunity to comment on the application.

2. If the Security Directorate is consulted prior to the approval of an application, it shall give the affected municipal or local community the opportunity to comment on it.

1. The applicant shall receive the municipal citizenship that she or he has mistakenly possessed according to the register.

2. If the register does not already record the citizenship of a Basel-Landschaft municipality, the applicant shall receive the municipal citizenship of Liestal.

1. The municipal or resident assembly may confer honorary citizenship on individuals who have rendered outstanding services to the community.

2. Honorary citizenship may also be conferred on an individual who already possesses municipal citizenship.

1. If the municipal or local community assembly has granted an honorary citizenship, it must notify the security directorate of the decision by submitting the voting protocol within 30 days.

2. The security directorate conducts the procedure.

3. The provisions concerning the acquisition of citizenship through naturalization are applicable mutatis mutandis.

1. Honorary citizenship granted to Swiss nationals has the same effect as citizenship acquired through the ordinary naturalization process.

2. Furthermore, it is exclusively conferred to the individual to whom it was granted.

3. Honorary citizenship is conferred free of charge.

1. Release from Cantonal and Municipal Citizenship or from the Latter Alone

The release from cantonal and municipal citizenship, or from the latter alone, requires proof that the person requesting the release, as well as the children included in the release, possess another citizenship.

1. The release includes minor children who are under the parental care of the released person.

2. Persons who have reached the age of 16 must consent to the release.

3. Section 6 applies mutatis mutandis to the independent release of minors and persons under comprehensive guardianship.

1. The application for release from cantonal and municipal citizenship, or from the latter alone, must be submitted in writing to the Directorate of Security.

2. The Directorate of Security is responsible for the release from cantonal and municipal citizenship as well as for the release from Swiss citizenship. It makes the decision after consulting the municipal council or the council of citizens.

1. The Cantonal Executive Council is the competent cantonal authority for consenting to the deprivation of citizenship pursuant to Article 42 of the Federal Act on Swiss Citizenship of 20 June 2014 (Swiss Citizenship Act, SCA).

1. Determination of whether a person holds Swiss citizenship, cantonal citizenship, or municipal citizenship falls under the jurisdiction of the Directorate of Security.

**1. The Fee for Granting Municipal Citizenship Is Based on Administrative Effort. It Shall Amount to a Maximum of CHF 2,000, Subject to Paragraph 2.**

2. The fee may be increased beyond the fee framework in extraordinarily demanding cases, but by no more than CHF 1,000.

3. The fee is also payable in the event of

a. Non-granting of municipal citizenship;

b. Non-granting of cantonal or federal naturalization approval;

c. Non-granting of cantonal citizenship;

d. Withdrawal of the application, especially due to retraction.

4. The municipal or community council may demand an advance payment of costs up to the anticipated fee. The procedure will not proceed as long as the advance payment is not made.

5. The fees are due to the municipal or resident community.

1. Fees are charged subject to paragraph 2 for

a. the granting of cantonal citizenship;

b. the approval of the vote on the granting of municipal citizenship to cantonal citizens;

c. the release from cantonal or municipal citizenship as well as from Swiss citizenship;

d. the decision in the determination procedure according to federal citizenship legislation.

2. No fees are charged for the granting of cantonal citizenship or the approval of the vote concerning persons who have been awarded honorary citizenship by a municipality, as well as their relatives who were simultaneously naturalized.

3. The fees are determined based on administrative effort. They amount to a maximum of CHF 2,000, subject to paragraph 4.

4. In exceptionally complex cases, the fees may be increased beyond the fee range, but by no more than CHF 1,000.

5. The fees are also to be paid in the event of

a. non-granting of cantonal citizenship;

b. non-approval of the vote on the granting of municipal citizenship to cantonal citizens;

c. non-granting of cantonal or federal naturalization approval;

d. non-granting of municipal citizenship;

e. rejection of the application for release from cantonal or municipal citizenship or Swiss citizenship;

f. dismissal of an application, particularly due to withdrawal;

g. non-acceptance;

h. annulment of naturalizations.

6. The Department of Security may require a cost advance up to the anticipated fee. If a required cost advance is not paid, the application will not be processed.

7. The fees for the dispositions mentioned in paragraph 1 may be waived in whole or in part upon request if a financial hardship exists. The request must be submitted before the disposition is issued.

1. The amounts in francs mentioned in Sections 31 and 32 are tied to the national consumer price index. They are adjusted for inflation whenever the national index has increased by 5 points.

2. The national index at the time this law comes into force is decisive for the calculation.

1. The municipal or local communities are obliged to enact a naturalization regulation no later than 1 year after the entry into force of this law.

2. This regulation governs the requirements, procedure, and fees for granting municipal citizenship, subject to this law.

3. The regulation requires the approval of the Directorate of Security.

1. The provisions of this law apply to naturalizations in residential municipalities.

2. In the case of extraordinary municipal organization, the municipal council has the powers of the residential municipality assembly according to this law.

1. Applications submitted before the entry into force of this law shall be processed according to the provisions of the Citizenship Act of January 21, 1993, as amended on March 1, 2014, until a decision is made on the application.