Ordinance on the Citizenship Act (BüRV) - Observance of Public Safety and Order (BÜRV)
Table of Provisions (33)
Statutory Text (33 Articles)
1. For the assessment of a significant or repeated disregard of legal regulations and official decrees (Section 6, paragraph 1, letter a of the Citizenship Act [BüRG] of October 19, 2017), Articles 4, paragraphs 2-5 of the Ordinance on Swiss Citizenship (Citizenship Ordinance, BüV) of June 17, 2016, apply mutatis mutandis.
1. Swiss citizens may file a petition for reinstatement to their former cantonal or municipal citizenship if they lost this citizenship as minors due to the release of the holder of parental custody from the citizenship.
2. Applicants must have resided continuously in a municipality of the canton for at least two years and must meet the requirements of Section 13 of the Civil Rights Act (BüRG).
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2. The following certificates comply with the generally accepted quality standards for language test procedures pursuant to § 8 para. 2 lit. d BüRG
a) The European Language Certificates (telc);
b) Certificates from the Goethe-Institut;
c) Certificates from the Austrian Language Diploma (ÖSD);
d) Language proofs fide.
3. ...
4. Any costs for obtaining the language proof shall be entirely borne by the applicants.
1. In the event of an erroneous acquisition of Swiss citizenship, the person concerned shall obtain the citizenship of the municipality responsible for the error.
1. The Department of Justice and Security is the competent department according to the BüRG.
1. Residence abroad, in another canton, or in another municipality for a period not exceeding one year on behalf of the employer or for educational or training purposes does not interrupt the residency periods.
1. If it is necessary to verify for the processing of a civil matter whether a person has a criminal record, the Migration Office may access the processing lists of the Public Prosecutor's Office or the Juvenile Prosecutor's Office.
2. The Migration Office discloses the obtained data to the municipal authority whose citizenship is affected.
1. The Department of Justice and Security arranges for the publication of the decisions of the Cantonal Government in the Official Gazette.
1. Upon successful acquisition of Swiss citizenship, applicants are required to surrender all previous foreigner-related identification documents to the passport office.
2. In the event of the loss of Swiss citizenship, Article 36 paragraph 7 of the Federal Act on Swiss Citizenship (Citizenship Act, SCA) of June 20, 2014, and Article 7 of the Federal Act on Identity Documents for Swiss Nationals (Identity Documents Act, IDA) of June 22, 2001, are applicable.
1. Applications for ordinary naturalization by foreign nationals must be submitted to the Migration Office.
2. The Migration Office
a) verifies the fulfillment of the requirements under Art. 9 and 10 of the Swiss Citizenship Act (BüG), §§ 3, 4 para. 1 letter a and b, and 5-12 of the Cantonal Citizenship Law (BüRG);
b) prepares the investigation report in accordance with Art. 17 of the Naturalization Ordinance (BüV) for the federal authorities with the corresponding recommendation;
c) obtains the federal naturalization authorization.
3. The citizen community whose citizenship is being applied for
a) conducts the naturalization interview with the applicants;
b) verifies the fulfillment of the requirements of para. 2 letter a;
c) adopts the municipal admission resolution.
4. The Civil Registry Office provides the Migration Office with information regarding the civil status of the applicants.
5. The Department of Justice and Security submits an application to the Executive Council for approval or rejection of the application.
6. The Executive Council and the Citizen Council of the citizen community issue the certificate of citizenship. This certificate is handed over by the citizen community.
1. Applicants must provide
a) Copy of passport;
b) Tax identification card;
c) Personal details of four reference persons;
d) Proof of language skills in accordance with § 8 para. 2 let. a-c BüRG or a language certificate in accordance with § 3 para. 2;
e) Documents required for processing the application in accordance with the Swiss Civil Status Ordinance (ZStV) of April 28, 2004;
f) For included children with sole parental care: proof of sole parental care and civil status certificate, provided the children are not already listed in the family certificate;
g) For included children with joint or no parental care: written consent from the (co-)holder of parental care or the person who has assumed guardianship, and a civil status certificate, provided the children are not already listed in the family certificate.
2. If necessary for processing the application, applicants may be required to additionally provide
a) Extract from the debt enforcement and bankruptcy register;
b) Extract from the criminal register;
c) Information from social assistance authorities regarding any financial benefits received;
d) * Certificate of residence;
e) * Information from authorities responsible for social contributions regarding any supplementary benefits received;
f) * Other documents required to verify the respective criteria.
3. Civil status documents, tax identification card, extracts from the debt enforcement and bankruptcy register or from the criminal register, as well as information from social assistance authorities and authorities responsible for social contributions, must not be older than three months.
4. Reference persons must be Swiss citizens and reside in Switzerland. These two requirements do not apply to the supervisor of the applicant. Married couples, registered partnerships, or couples living in cohabitation are considered as one reference person.
1. Jurisdiction for receiving applications for facilitated naturalization of foreigners is determined by federal law.
2. The Migration Office prepares the assessment report for the federal authorities in accordance with Art. 18 BüV with the corresponding recommendation.
3. The municipal community whose citizenship is being applied for provides its opinion on the application to the Migration Office.
4. If the citizenship of the canton is applied for, the Civil Registry Office provides the federal authorities with information about the civil status of the applicants.
1. The documents to be submitted with the application form are governed by federal law.
1. Applications by Swiss citizens for admission to cantonal or municipal citizenship must be submitted to the citizens' municipality for which citizenship is being applied.
2. The citizens' municipality, whose citizenship is being applied for
a) verifies the fulfillment of the conditions set out in §§ 3 and 13 of the Municipal Citizenship Law (BüRG);
b) makes the decision on the admission of applicants to municipal citizenship;
c) forwards the decision on admission to municipal citizenship to the Migration Office, provided that the applicants do not already possess cantonal citizenship.
3. The Migration Office examines, in the case of applications by Swiss citizens for admission to cantonal citizenship, the fulfillment of the conditions of paragraph 2, letter a.
4. The Civil Registry Office provides the Migration Office or the citizens' municipality with information about the marital status of the applicants.
5. If admission to cantonal citizenship is applied for, the Department of Justice and Security submits a proposal to the government council for approval or rejection of the application.
6. § 10 paragraph 6 applies accordingly.
1. Applicants are required to submit
a) the documents mentioned in § 11 para. 1 letters a, b, f, and g;
b) civil status certificates necessary for processing the application.
2. § 11 para. 2 is applicable, except for letter d.
3. § 11 para. 3 is applicable mutatis mutandis.
1. Sections 14 and 15 are applicable mutatis mutandis, with the exception of Section 14 Paragraph 6.
1. The jurisdiction for receiving applications for the re-naturalization of foreigners is determined by federal law.
2. The Migration Office prepares the investigation report in accordance with Art. 18 BüV with the corresponding recommendation for the federal authorities.
3. The municipality, whose citizenship is being applied for, provides an opinion on the application to the Migration Office.
4. If the citizenship of the canton is applied for, the Civil Registry Office provides the federal authorities with information regarding the civil status of the applicants.
1. The documents to be submitted with the application form are governed by federal law.
1. The authority for receiving requests for the release of Swiss citizens from cantonal citizenship in connection with the release from Swiss citizenship is determined by federal law.
2. Requests for the release of Swiss citizens from cantonal citizenship must be submitted to the Migration Office.
3. The Department of Justice and Security
a) issues the release of Swiss citizens from cantonal citizenship in connection with the release from Swiss citizenship in the form of a release certificate;
b) issues the release of Swiss citizens from cantonal citizenship.
4. The Migration Office
a) assesses, in cases of release from cantonal citizenship in connection with release from Swiss citizenship, whether the conditions under federal law are fulfilled;
b) assesses, in cases of release from cantonal citizenship, whether the conditions under cantonal law are fulfilled;
c) informs the Civil Registry Office when the release from citizenship has become effective.
5. The citizens' community affected by the change in citizenship submits its position on the request to the Migration Office.
6. The Civil Registry Office provides the Migration Office with information regarding the civil status of the applicants.
1. Section 11 Paragraph 1 Letters f and g are applicable.
1. Applications for the release of Swiss citizens from municipal citizenship must be submitted to the municipal community whose citizenship is affected.
2. The municipal community whose citizenship is affected
a) verifies whether the requirements according to cantonal and municipal law are met;
b) makes the decision regarding the release from citizenship.
3. The civil status office provides the municipal community with information about the civil status of the applicants.
1. Section 11 Paragraph 1 Letters f and g are applicable.
1. The Government Council is responsible for annulments of ordinary naturalizations of foreigners where the citizenship of the canton is involved, as well as annulments of the inclusion of Swiss citizens into the cantonal citizenship.
2. The Migration Office verifies whether the requirements according to federal or cantonal law are met.
3. The citizens' municipality, whose citizenship is affected, provides a statement for the Migration Office.
4. The Civil Registry Office provides the Migration Office with information about the civil status of the persons concerned.
5. The Department of Justice and Security submits a request to the Government Council for either proceeding with or waiving the annulment.
1. In cases of declaring the nullity of the admission of Swiss citizens into municipal citizenship, the citizens' municipality affected by the citizenship shall examine whether the requirements under cantonal and municipal law are met, and shall make the decision regarding the declaration of nullity.
2. The civil registry office provides the citizens' municipality with information about the civil status of the affected individuals.
1. In cases of annulments of facilitated naturalizations or re-naturalizations of foreigners, the Migration Office prepares the investigative report according to Art. 20 of the Citizenship Ordinance (BüV) with the corresponding recommendation to the federal authorities.
2. If the citizenship of the canton is affected, the Civil Registry Office provides the Migration Office with information regarding the civil status of the individuals concerned.
1. If the citizenship of the canton or one of its municipalities is affected, the civil status office shall verify the personal status of the individuals concerned and determine the acquisition or loss of citizenship by operation of law.
**1. Concerning Foundlings Affecting Cantonal Citizenship, the Government Council Establishes the Acquisition of Citizenship by Operation of Law.**
1. The Migration Office grants federal authorities the cantonal approval for the revocation of citizenship in accordance with Art. 42 of the Citizenship Act.
2. The Civil Registry Office provides the Migration Office with information about the personal status of the individuals concerned.
1. If it is in question whether a person possesses the citizenship of the canton or one of its municipalities, the Department of Justice and Security shall decide.
2. The municipal community whose citizenship is concerned shall be heard in advance.
1. The Migration Office charges the following fees for foreigners for admission to citizenship
a) Persons up to 25 years of age: CHF 600
b) Persons over 25 years of age: CHF 850
c) Families: CHF 950
2. The Migration Office charges the following fees for Swiss citizens for admission to citizenship (individuals and families): CHF 150.
3. The fees may be increased up to double or reduced by half in exceptional cases, if the handling of the matter requires a significantly above or below average amount of work.
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6. For the issuance of other citizenship-related orders, the Migration Office charges according to the amount of time spent: CHF 100 to 300.
1. Individuals who receive social assistance due to in-work poverty, caregiving responsibilities, an initial formal education, or due to a physical, mental, or psychological disability or a severe or long-lasting illness, may apply for a waiver of the cantonal fees.
2. Individuals who receive supplementary benefits can apply for a fifty percent waiver of the cantonal fees.
3. A fee waiver according to paragraphs 1 or 2 is only possible upon the initial submission of the application.
4. If a married couple or a same-sex couple in a registered partnership wishes to be exempt from the fees, both persons must meet the criteria according to paragraphs 1 or 2.
5. Foreign nationals born in Switzerland, as well as Swiss citizens, are exempt from the fees according to § 30 paragraphs 1 and 2 upon the initial submission of the application until the completion of their 19th year of age.
6. If in a married couple or a couple in a registered partnership, one person is exempt from the fees according to paragraph 5, the other person must pay the fees applicable to individuals.
**1. The Migration Office or the municipal citizenship authority concerned with the citizenship rights sets a reasonable deadline for the advance payment of fees. If the advance payment is not made within this deadline, the application shall lapse. Persons exempt from fees are not required to make an advance payment to the extent of their exemption.**
1. If an application is withdrawn before a decision is issued, the fees paid to the Migration Office will be refunded in accordance with the status of the proceedings.