Citizenship Act (BüRG) - Scope (BÜRG)

1. This law governs the acquisition and loss of cantonal and municipal citizenship, insofar as federal law does not apply.

1. A foundling discovered in the canton acquires the citizenship of the municipality in which it has been found.

1. Applicants may submit an application for admission to the citizenship of their municipality of residence if they have resided continuously in this municipality for at least two years.

2. The minimum age for submitting an independent application for admission to citizenship is twelve years.

1. Admission to Citizenship Requires that Applicants

a) Are Successfully Integrated;

b) Are Familiar with Swiss and Local Living Conditions; and

c) Do Not Pose a Threat to the Internal or External Security of Switzerland.

1. Successful integration is demonstrated in particular by

a) compliance with public safety and order;

b) respect for the values of the Federal and Cantonal Constitution;

c) the ability to communicate in everyday life verbally and in writing in the German language;

d) active participation in economic life or in acquiring education; and

e) the promotion and support of the integration of the wife or husband, the registered partner, or minor children for whom parental responsibility is exercised.

1. Public Safety and Order are not respected by anyone who

a) significantly or repeatedly disregards legal regulations and official decrees;

b) fails to fulfill public-law or significant private-law financial obligations;

c) demonstrably publicly approves or promotes crimes or offenses against public peace, genocide, crimes against humanity, or war crimes.

1. The values of the Federal and Cantonal Constitutions are in particular

a) the principles of the rule of law as well as the liberal democratic order;

b) the fundamental rights.

1. Applicants must demonstrate oral language proficiency in the German language at a minimum of reference level B1 and written language proficiency at a minimum of reference level A2, according to the generally recognized European framework for languages.

2. Proof of language proficiency as outlined in Section 1 is considered fulfilled if the applicants

a) speak and write German as their native language;

b) have attended compulsory schooling for at least five years in the German language and in a German-speaking area;

c) have completed secondary level II or tertiary level education in the German language and in a German-speaking area; or

d) possess a language certificate attesting to the language proficiency as per Section 1, based on a language test that meets the generally recognized quality standards for language testing procedures.

1. Applicants participate in economic life if they cover the cost of living and maintenance obligations at the time of the application and admission into citizenship through income, assets, or third-party benefits to which there is a legal entitlement.

2. Applicants participate in the acquisition of education if they are in training or further education at the time of the application or admission into citizenship.

3. Those who receive social assistance in the three years immediately prior to the application or during the procedure for admission into citizenship do not meet the requirement of participating in economic life or acquiring education, unless the received social assistance is fully reimbursed.

1. The applicants shall promote the integration of family members if they support them

a) in acquiring competencies in the German language;

b) in actively participating in economic life or in acquiring education;

c) in participating in the social and cultural life of the society in the canton and municipality; or

d) in other activities that contribute to their integration in Switzerland.

1. Applicants are familiar with Swiss and local living conditions, particularly if they

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.

2. The proof for para. 1 letter a is considered fulfilled if the applicants have completed their compulsory schooling entirely in Switzerland, including the entire lower secondary education in the Canton of Basel-Stadt.

1. The situation of individuals who cannot fulfill the integration criteria of § 5 para. 1 lit. c and d in conjunction with §§ 8 and 9, or can only fulfill them under difficult conditions due to a disability, illness, or other significant personal circumstances, must be duly taken into account.

2. Other significant personal circumstances include, in particular

a) a pronounced learning, reading, or writing disability;

b) working poverty;

c) the performance of caregiving duties;

d) dependency on social assistance due to initial formal education in Switzerland, provided that the dependency on social assistance was not caused by personal behavior.

1. Admission to cantonal and municipal citizenship requires that applicants adhere to public safety and order in accordance with § 6 para. 1 lit. a and b.

1. Release from Cantonal Citizenship in Connection with Release from Swiss Citizenship is Governed by Federal Law. It is ordered by the competent Department.

1. Citizens of the canton shall be released from cantonal citizenship upon written request if they possess citizenship of another canton. The release from cantonal citizenship automatically results in the loss of municipal citizenship rights as well.

2. The release is carried out by the competent department. It becomes effective with the delivery of the release decision.

1. Citizens of a municipality within the canton shall be released from municipal citizenship upon written request if they possess the citizenship of another municipality within the canton.

2. The release is conducted by the competent citizens' municipality.

1. Admission to the citizenship of the canton or to the citizenship of one of its municipalities can be declared null and void by resolution of the Government Council or the competent citizens' municipality if it was obtained through false information or concealment of significant facts.

2. The nullification of admission to citizenship is not possible if it would result in the affected person no longer possessing cantonal or municipal citizenship.

3. Otherwise, Article 36 paragraphs 2, 4 letter a, as well as paragraphs 5 and 6 of the Federal Act on Swiss Citizenship (Citizenship Act, SCA) of June 20, 2014, apply mutatis mutandis.

1. The acquisition of cantonal citizenship requires admission into the citizenship of one of the municipalities of the canton.

2. The government council is responsible for granting cantonal citizenship.

3. The citizens' municipalities determine the authority responsible for granting municipal citizenship within the municipal regulations and regulate the procedure.

1. The decision of the government council effectuates the granting of citizenship.

2. It shall be published in the Cantonal Gazette.

1. If the requirements for the grant of citizenship are not fulfilled, the applicants shall be given the right to be heard before an administrative decision is made.

2. The government council and the civic communities issue decisions of rejection in the form of a contestable order.

1. Inclusion in or release from citizenship will extend to the children upon the application of the holder of parental authority, provided that the children are still minors at the time of submission of the application.

2. Independent applications by minors for inclusion in or release from citizenship must be submitted by their legal representative.

3. Children over the age of 16 must also declare their intention to acquire or renounce citizenship in writing.

4. For children from the age of twelve, the requirements pursuant to §§ 4-11 or 13 must be independently and appropriately assessed in the process of acquiring citizenship.

1. If the assurance of admission to municipal citizenship is present, the previous jurisdiction shall remain even if there is a relocation to another municipality or canton. In all other cases, the procedure becomes irrelevant.

1. Applicants are required to provide truthful information and submit the necessary documents.

2. Applicants must immediately report any changes, of which they know or should know, that may be pertinent to the decision, until the procedure for acquisition of citizenship is concluded.

3. Cantonal and municipal authorities are obliged to provide the authorities responsible for implementing this law with the required data upon a justified and written request.

1. Acquisition of citizenship is contingent upon the prepayment of cantonal and municipal fees.

2. Foreigners born in Switzerland and Swiss citizens are exempt from the fees mentioned in paragraph 1 upon the first submission of their application until the completion of their 19th year of life. The costs are borne by the canton.

1. Appeals against decisions of the municipal communities or the competent department based on this law can be lodged with the Government Council according to the provisions of the Law on the Organization of the Government Council and the Administration of the Canton of Basel-Stadt (Organizational Law, OL) of April 22, 1976.

2. Appeals against decisions of the Government Council can be lodged with the Administrative Court.

1. The Government Council shall issue the necessary implementing provisions and set the fees for the competent department by ordinance.

2. The municipal communities shall, within the scope of their competencies, issue the necessary implementing provisions and determine the fees to be levied by them independently.

1. Acquisition and Loss of Citizenship are governed by the law that is in force at the time of the relevant event.

2. Applications submitted before the entry into force of this law shall be processed in accordance with the provisions of the previous law until a decision is made on the application.