Ordinance of June 17, 2016, on Swiss Nationality (OLN) (BÜV)

This ordinance: a. sets the conditions for the granting of federal authorization for naturalization, as well as those for facilitated naturalization and reintegration by the Confederation; b. regulates the procedures that fall under the competence of the Confederation; c. governs the fees collected for decisions made by the State Secretariat for Migration (SEM) in the first instance and related to the LN.

The applicant has familiarized themselves with living conditions in Switzerland, particularly when they: a. possess a basic knowledge of the geographical, historical, political, and social characteristics of Switzerland; b. participate in the social and cultural life of the Swiss population; and c. maintain contacts with Swiss nationals.

The competent cantonal authority may subject the applicant to a knowledge test in accordance with para. 1, let. a. If this is the case, it ensures that the applicant: a. can prepare for it with the help of appropriate tools or courses, and that b. they can pass the test if they possess the oral and written language skills required to obtain naturalization.

A concrete threat to the internal or external security of Switzerland is understood as any threat against significant legal interests, such as the physical integrity, life, or freedom of individuals or the existence and functioning of the State, posed by the person concerned by participating in activities in the fields mentioned in Art. 6, para. 1, lit. a, nos. 1 to 5, of the Intelligence Act of 25 September 2015 or in activities of organized crime, by supporting, encouraging, or assuming a recruiting role in them.

The applicant's integration is not deemed successful if they do not comply with public safety and order because they: a. severely or repeatedly violate legal provisions or authority decisions; b. willfully fail to fulfill significant public or private legal obligations, or c. publicly advocate, in a verifiable manner, a crime or offense against public peace, genocide, a crime against humanity, or a war crime or incite such crimes.

The applicant's integration is also not deemed successful if they are registered in the VOSTRA computerized criminal record and the entry that can be consulted by the SEM relates to: a. a firm sentence or a custodial sentence with partial suspension for a misdemeanor or a felony; b. an institutional measure, in the case of an adult, or placement in a closed facility, in the case of a minor; c. a prohibition to engage in an activity, a contact prohibition, a geographical ban, or an expulsion; d. a monetary penalty with suspension or partial suspension of more than 90 daily fines, a custodial sentence with suspension of more than three months, or community service with suspension or partial suspension of more than 360 hours imposed as the principal penalty; e. a monetary penalty with suspension or partial suspension of up to 90 daily fines, a custodial sentence with suspension of up to three months, or community service with suspension or partial suspension of up to 360 hours imposed as the principal penalty, provided that the concerned person has not proved themselves during the probation period.

In all other cases of entries in the VOSTRA computerized criminal record that can be consulted by the SEM, the latter decides the success of the applicant's integration by considering the severity of the sanction. Successful integration must not be acknowledged as long as an ordered sanction has not been executed or an ongoing probation period has not yet expired.

Paragraphs 2 and 3 apply by analogy to entries in foreign criminal records.

In the event of ongoing criminal proceedings against an applicant, the SEM suspends the naturalization process until the final closure of the proceedings by the criminal justice.

The values of the Constitution notably include the following basic principles, fundamental rights, and obligations: a. the principles of the rule of law, as well as the democratic-liberal order of Switzerland; b. fundamental rights, such as equality between women and men, the right to life and personal freedom, freedom of conscience and belief, as well as freedom of opinion; c. obligations related to military or civil service and mandatory schooling.

The applicant must demonstrate oral proficiency in a national language at a level equivalent to at least B1 of the Common European Framework of Reference for Languages and written proficiency at a minimum of level A2. Proof of language proficiency as per paragraph 1 is deemed provided when the applicant: a. speaks and writes a national language that is also their mother tongue; b. has attended compulsory schooling in a national language for a minimum of five years; c. has completed secondary level II or tertiary level education conducted in a national language, or d. possesses a language proficiency certificate confirming their language proficiency as per paragraph 1, based on a certification procedure that complies with generally recognized quality standards in language testing.

The SEM assists the cantons in evaluating the language proficiency certificates referred to in paragraph 2, letter d, and in developing cantonal language tests. It may also assign these tasks to third parties.

The applicant participates in economic life when his or her income, assets, or third-party benefits to which he or she is entitled allow him or her, at the time of submission of the application and at naturalization, to cover living expenses and fulfill maintenance obligations.

He or she acquires education when, at the time of submission of the application or at naturalization, he or she is pursuing education or further training.

Anyone receiving social assistance in the three years preceding the submission of the application or during the naturalization process does not meet the requirements for participation in economic life or acquisition of education, unless the social assistance received is fully reimbursed.

The applicant promotes the integration of their family members in accordance with Art. 12, let. e, LN by assisting them in: a. acquiring language skills in a national language; b. participating in economic life or obtaining education; c. participating in the social and cultural life of the Swiss population, or d. engaging in other activities that may contribute to their integration in Switzerland.

The competent authority shall appropriately take into account the applicant's particular situation when assessing the criteria listed in Arts. 6, 7, and 11, para. 1, let. b. Therefore, it is possible to deviate from these criteria, especially when the applicant cannot fulfill them or can only do so with difficulty: a. due to a physical, mental, or psychological disability; b. due to a serious or long-term illness; c. for other significant personal reasons, such as: 1. significant difficulties in learning, reading, and writing, 2. being in a state of poverty despite employment, 3. having to assume family caregiving responsibilities, 4. dependency on social assistance resulting from an initial formal education in Switzerland, provided that the dependency was not caused by the applicant's behavior.

The marital union presupposes the formal existence of a marriage and a de facto community between the spouses in which the mutual intention to maintain a stable marital union is intact.

The requirement of a shared household does not apply when the marital union is maintained and significant reasons justifying the existence of separate residences can be invoked.

The marital union must exist at the time of the application and during naturalization.

The applicant has close ties with Switzerland if they: a. have made at least three visits to Switzerland, each with a minimum duration of five days, during the six years preceding the submission of the application; b. are able to communicate orally in everyday situations in a national language; c. possess basic knowledge of the geographical, historical, political, and social characteristics of Switzerland, and d. maintain contacts with Swiss nationals.

The conditions specified in para. 1, let. a and d, must be confirmed by reference persons domiciled in Switzerland.

When assessing the condition specified in para. 1, let. a, the competent authority takes into account the personal circumstances of the applicant.

If the applicant moves to another commune or another canton during the course of the procedure, the authority designated by the canton remains competent, provided it has completed the necessary verifications to issue a preliminary opinion in accordance with Art. 13, para. 2, LN.

Before granting citizenship to the applicant, the competent cantonal authority consults the electronic criminal records system VOSTRA once more.

It also re-evaluates the issue of economic participation or the acquisition of education if naturalization cannot take place within six months following the granting of federal authorization for naturalization.

If the validity of the federal authorization for naturalization expires while the naturalization candidate still meets the naturalization requirements, the competent cantonal authority may request a new authorization from the SEM.

If, before being naturalized, the applicant no longer fulfills the naturalization requirements, the competent cantonal authority may dismiss the naturalization application.

If the applicant resides in Switzerland, they submit their application for facilitated naturalization or reinstatement to the SEM.

The SEM verifies whether the application is complete and instructs the competent cantonal authority to conduct the necessary investigations to determine whether the candidate meets the conditions for naturalization.

Upon receiving the investigation report, the SEM may, if necessary, instruct the competent cantonal authority to conduct additional investigations or conduct further investigations themselves.

It specifies the documents to be attached to the application form.

If the applicant resides abroad, they submit their application for facilitated naturalization or reintegration to the Swiss representation abroad.

The Swiss representation verifies whether the application is complete. It summons the applicant for a personal interview and conducts the necessary investigations to determine whether the candidate meets the conditions for naturalization.

The Swiss representation transmits the naturalization application and the investigation report to the SEM.

Upon receiving the application, the SEM may, if necessary, instruct the Swiss representation to conduct additional investigations.

The SEM designates the documents to be attached to the application form.

Considered as a residence right within the meaning of Art. 24a, para. 1, let. a, LN, is notably a residence permit in the form of: a. a residence or settlement permit; b. provisional admission, or c. a legitimation card issued by the Federal Department of Foreign Affairs (FDFA) or a residence permit with gainful employment.

The following documents may serve to credibly establish that a first-generation foreign national held a right of residence: a. extracts from the registers of residents of municipalities and cantons; b. extracts from the State Secretariat for Migration's (SEM) central information system on migration (SYMIC), or from previous systems: the central register of foreigners (RCE) and the automated personal recording system (AUPER); c. extracts from the migration information systems of municipalities and cantons, or d. extracts from the Ordipro information system of the Federal Department of Foreign Affairs (FDFA).

If the required residence permit is not clearly evident from an extract according to paragraph 1, the application must be accompanied by other documents likely to demonstrate the existence of a right of residence for the first-generation foreign national. The following documents may be considered, among others: a. files from municipal or cantonal authorities competent in matters of migration or from school authorities; b. extracts or confirmations from the Swiss civil status register; c. confirmations from a tax authority that one of the grandparents was taxed as a result of residing in Switzerland.

When the applicant resides abroad for a maximum duration of one year upon the order of their employer or for the purposes of education or training, they are considered as having left Switzerland for a short period with the intention of returning.

The competent cantonal authority drafts the investigation report. This report includes the identity (name, first name, date of birth, civil status, nationality) of the applicant and current information on compliance with the conditions for naturalization, notably: a. the type of permit under foreign nationals' law (Art. 9, para. 1, let. a, OLN); b. the duration of stay in Switzerland (Art. 9, para. 1, let. b, and 2, OLN); c. compliance with public security and order (Art. 4); d. adherence to constitutional values (Art. 5); e. language skills (Art. 6); f. participation in economic life or acquisition of education (Art. 7); g. encouragement and support for the integration of family members (Art. 8).

The investigation report provides information on the degree of familiarity with living conditions in Switzerland (Art. 2).

When the applicant cannot meet the criteria set out in Articles 6 and 7 or meets them with difficulty due to illness, disability, or other significant personal reasons (Art. 9), this is mentioned in the investigation report.

When spouses apply for naturalization together or the naturalization application includes minor children, the investigation report provides information on each of the applicants.

The competent cantonal authority shall draft an investigation report as it would for an ordinary naturalization (Art. 17).

The investigation report shall also provide information on the other specific conditions required to assess an application for facilitated naturalization or reinstatement according to Arts. 21 to 24, 26, and 51 LN.

The Swiss representation prepares the investigation report. This report includes the identity (name, first name, date of birth, civil status, nationality) of the applicant and current information on compliance with the following naturalization conditions, applicable by analogy: a. respect for public safety and order (Art. 4); b. respect for the values of the Constitution (Art. 5); c. participation in economic life or acquisition of education (Art. 7); d. promotion and support of the family members' integration (Art. 8).

The investigation report also provides information on the applicant's close ties with Switzerland (Art. 11) and on other specific conditions required to assess a request for facilitated naturalization or reintegration according to Arts. 21, para. 2, 26, and 51 LN.

When the applicant is unable to meet the criteria outlined in Arts. 7 and 11, para. 1, let. b, or finds it difficult to do so due to illness, disability, or other major personal reasons (Art. 9), this is mentioned in the investigation report.

When the naturalization application includes minor children, the investigation report provides information on each of the applicants.

If the State Secretariat for Migration (SEM) initiates an annulment procedure against a facilitated naturalization or reintegration, it may instruct the competent cantonal authority or the Swiss representation to carry out the required investigations.

In the event of an annulment procedure against a facilitated naturalization acquired following a union with a Swiss citizen (Art. 21 SNA), it may instruct the competent cantonal authority or the Swiss representation to question the spouse of the person concerned. If necessary, it may provide for the hearing of other persons.

During the hearing, the competent cantonal authority or the Swiss representation relies on a questionnaire prepared by the SEM.

It drafts a report of the hearing which it sends to the SEM.

The parties are required to cooperate in establishing the determining facts for the application of the LN. In particular, they must: a. provide accurate and complete information on elements vital for naturalization; b. immediately inform the competent authority of any change in the applicant's situation which they should know would oppose naturalization; c. in the event of annulment proceedings, provide accurate and complete information on the elements vital for naturalization.

If the cantonal naturalization authority or the Swiss representation abroad is tasked with conducting investigations to determine whether the applicant meets the naturalization requirements, it generally submits its investigation report to the SEM within twelve months.

The SEM generally decides on the granting of a federal naturalization authorization within eight months from the receipt of the complete application dossier.

It generally decides on a facilitated naturalization or reintegration within twelve months from the receipt of the investigative report from the competent cantonal authority or the Swiss representation abroad.

The provisions of the General Ordinance of September 8, 2004, on Fees are applicable, insofar as the present ordinance does not provide for specific regulations.

The SEM collects the following fees: Francs a. for the granting of a federal naturalization permit: 1. for persons who are adults at the time of application submission 100 2. for spouses who submit an application together 150 3. for persons who are minors at the time of application submission 50 b. for decisions of facilitated naturalization according to Art. 21 LN 500 c. for decisions relating to other types of facilitated naturalization as well as the reintegration of persons who are: 1. adults at the time of application submission 500 2. minors at the time of application submission 250 d. for the refusal to grant a federal naturalization permit 300 e. for the issuance of a decision to cancel a naturalization 500 f. for the issuance of a certificate relating to Swiss nationality 60

No fee is collected for minor children included in the naturalization of one of their parents.

In addition to the fees set out in para. 1, let. b and c, the following fees are collected in favor of the competent cantonal authority for the services it provides: Francs a. for the preparation of the investigation report by the canton of residence, depending on the extent of the work at most 400 b. for verifying the civil status facts of persons residing abroad 100

For their services related to naturalizations, Swiss representations abroad charge fees according to the Ordinance of October 7, 2015, on the fees of the Federal Department of Foreign Affairs.

Fees may be collected in advance, through reimbursement, or by invoice.

The SEM collects in advance: a. the fees for granting the federal naturalization authorization, b. the fees for granting naturalization, and c. the fees in favor of the competent cantonal authority.

A suitable deadline is set for the advance payment of fees as provided in para. 2. A naturalization application will not be considered if the payment is not made within the prescribed deadlines.

Abroad, fees are payable in the local currency. In countries where the currency is not convertible, the Swiss representation may collect fees in another currency after consulting the FDFA.

Exchange rates as per para. 4 are fixed by Swiss diplomatic or consular representations according to the instructions of the FDFA.

The fees provided for in Art. 25, para. 1 and 3, may be increased up to double when the processing of the application entails an additional workload. Conversely, they may be reduced by up to half when the volume of work is below average.

If fees have been collected in advance (Art. 27, para. 2) and such fees undergo an increase or a reduction, the SEM shall bill or reimburse the difference to the applicant.

If the competent cantonal authority levies a fee for examining a release application, it is responsible for the collection.

Severely harms the interests or reputation of Switzerland any person who: a. commits a crime or offense specified in Articles 266, 266 bis, 272 to 274, 275, 275 bis, and 275 ter of the Swiss Penal Code (CP); b. commits a serious crime in connection with terrorist activities, violent extremism, or organized crime; c. commits genocide (Art. 264 CP), a crime against humanity (Art. 264 a CP), a serious violation of the Geneva Conventions of August 12, 1949 (Art. 264 c CP), or another war crime (Art. 264 d to 264 h CP); d. durably threatens Switzerland's good relations with a foreign state by committing an affront against that state (Art. 296 CP).

The revocation presupposes a conviction that has become final. Exceptions are cases where criminal prosecution could not succeed because the state in which the acts were committed does not have the will or is unable to complete a criminal procedure or respond to the requirements of a foreign mutual legal assistance request, especially due to a dysfunction of the entire or a substantial part of the independent legal apparatus.

The repeal and amendment of other acts are governed in the annex.

This ordinance enters into force on 1 January 2018.