Kanton Glarus (KBÜG)

Scope of Application

1 This Act regulates the acquisition and loss of cantonal and municipal

citizenship.

2 Where cantonal law makes no provision, federal law shall apply by analogy.

Cantonal and Municipal Citizenship

¹ Cantonal citizenship is based on the citizenship of a municipality within the

Canton of Glarus and confers Swiss citizenship.

² Cantonal citizenship and municipal citizenship are mutually dependent.

³ Municipal citizenship determines, in particular, a person's place of origin (Heimatort)

within the meaning of the Swiss Civil Code²).

Minor Children

¹ Minor children can be naturalized and released from cantonal or municipal citizenship in accordance with federal law.

² If a holder of parental authority objects to the inclusion of a minor child in naturalization or release from citizenship, the other parent must submit the matter to the Child and Adult Protection Authority.

Persons under Guardianship

1 Persons under guardianship may be naturalized and released from cantonal or municipal citizenship.

2 For persons under comprehensive guardianship, the application requires the consent of the legal representative.

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Spouses and Persons in a Registered Partnership

1. Every spouse and every person in a registered partnership is entitled to independently submit an application for naturalization or release from citizenship.

2. Acquisition of Citizenship by Operation of Law

1. Findelkinder erhalten das Bürgerrecht der Gemeinde, in welcher sie gefunden worden sind.

Naturalization Requirements

1 Swiss citizens have a right to be admitted into communal and cantonal citizenship if, at the time of submitting their application, they are living in orderly circumstances and have resided in the canton for a total of five years, of which the last three years have been uninterruptedly in the municipality where citizenship is being applied for.

3.2. Naturalization of Foreign Nationals

Einbürgerungsvoraussetzungen

1. Requirements for Naturalization

1 An application for naturalization into the municipal and cantonal citizenship may be submitted by anyone who is suitable for naturalization and successfully integrated. There is no entitlement to naturalization.

2 Suitability and integration are particularly given when the applicant

a. fulfils the requirements for the granting of federal naturalization approval, in particular holds a permanent residence permit at the time of application;

b. is familiar with the way of life in the canton and integrated into society;

c. knows the rights and obligations associated with citizenship;

d. possesses sufficient knowledge of the German language to exercise political rights and to communicate with authorities and the local population;

e. respects the legal order, in particular the constitution and laws;

f. is able to cover the living expenses for themselves and for family members living in the same household for whom they are responsible, from their own means;

g. has resided in the canton for a total of five years at the time of submitting the application, of which the last three years have been uninterrupted in the municipality where citizenship is applied for.

Municipalities may provide for further objective suitability and integration criteria for admission to municipal citizenship.

The naturalization authorities may request evidence or certificates of integration efforts, in particular proof of passing an integration or naturalization course.

3.3. Honorary Citizenship

Prerequisites and Effects

A person who has rendered outstanding services to the community may, with their consent, be awarded honorary municipal and cantonal citizenship.

The granting of honorary citizenship is not tied to any further prerequisites under cantonal law.

Honorary citizenship accrues exclusively to the person to whom it is granted. It has the same effect as citizenship acquired through the ordinary procedure.

For foreign persons, federal law provisions remain reserved.

**4. Loss of Citizenship**

1. Über die Gesuche von Kantonsbürgerinnen und Kantonsbürgern um Entlassung aus dem Schweizer Bürgerrecht entscheidet die zuständige kantonale Behörde. Sie stellt die Entlassungsurkunde aus.

2. Wer unter Beibehaltung oder Zusicherung eines anderen Kantonsbürgerrechts auf das glarnerische Bürgerrecht und auf die damit verbundenen Gemeindebürgerrechte verzichten will, hat sein Gesuch um Entlassung an die für den Entscheid zuständige kantonale Behörde zu richten.

3. Über die Gesuche um Entlassung aus dem Gemeindebürgerrecht entscheidet die von der Gemeinde für zuständig erklärte Behörde, soweit die Gesuch stellende Person das Bürgerrecht einer anderen glarnerischen Gemeinde besitzt oder ihr zugesichert ist.

Annulment

1 The competent cantonal authority decides on the annulment of ordinary naturalization of foreign persons in accordance with federal law.

2 The fee paid for the naturalization procedure will not be refunded.

5. Data Processing and Administrative Assistance

Processing of Personal Data

1 The naturalization authorities of the Canton and municipalities are entitled to process the personal data, including particularly sensitive personal data, necessary for the fulfillment of their duties under this Act and federal law, and to conduct profiling. *

2 For this purpose, they may obtain necessary information from the factually competent authorities and from trustworthy third parties regarding

a. administrative and criminal prosecutions and sanctions;

b. significant entries in the police's business database;

c. debt enforcement and bankruptcy proceedings;

d. tax arrears;

e. social assistance and unemployment insurance measures;

f. fulfillment of family law maintenance obligations;

g. state of health;

h. political activities;

i. incidents at the workplace;

j. incidents at school concerning school-aged children;

k. philosophical and religious views.

### Mutual Assistance

**1.** Cantonal and communal administrative offices and authorities are obliged, in individual cases, upon a reasoned and written request, to provide the naturalization authorities of the Canton and municipalities entrusted with the enforcement of this law with the information and data they require for the fulfillment of their legal tasks.

### 6. Responsibilities and Powers

Competent Cantonal Authorities

1 The Cantonal Council grants cantonal citizenship.

2 It designates the department responsible for naturalization matters and for supervising the communal naturalization authorities.

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3 It may transfer individual implementation tasks to subordinate administrative authorities for independent execution.

Competent Municipal Authorities

1 Municipalities shall enact the necessary provisions regarding the competences of their authorities and the procedure within the municipality.

2 They may entrust the Municipal Council or a special commission with the preparation, assurance, grant, or withdrawal of municipal citizenship.

7. Procedure and Fees

Application for Naturalization

1 The foreign national must submit their application along with all docu-

ments to their municipality of residence.

2 The municipality transmits the complete application to the competent

cantonal authority for preliminary review.

### Preliminary Examination

1 The competent cantonal authority conducts a preliminary examination concerning the naturalization requirements.

2 For this purpose, it obtains the necessary information and particulars from authorities and third parties.

3 If the application is incomplete, it requests the applicant, under threat of consequences for failure to comply, to submit the missing documents or confirmations.

4 It transmits the result of the preliminary examination to the competent municipal authority.

Granting of Municipal Citizenship

1 The competent municipal authority decides on the granting of municipal

citizenship based on the result of the cantonal preliminary examination

and its own investigations.

2 It may, in particular, conduct a naturalization interview beforehand.

3 If it grants municipal citizenship, it transmits its decision together with

the application to the competent cantonal authority.

4 If it refuses to grant municipal citizenship, it issues an appealable

decision.

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Granting of Cantonal Citizenship

¹ If the competent cantonal authority concludes that cantonal citizenship can also be granted, it will forward the application to the Confederation for the issuance of the naturalization permit.

² Municipal citizenship and Swiss citizenship are acquired only upon the granting of cantonal citizenship.

³ If the competent cantonal authority refuses to grant cantonal citizenship, it shall issue an appealable decision.

⁴ With the refusal, the municipal citizenship already granted becomes void.

Naturalization of Swiss Nationals and Honorary Citizenship

¹ The preceding provisions apply mutatis mutandis to the naturalization of Swiss nationals and the granting of honorary citizenship.

² If a Swiss national transfers their domicile to another canton during ongoing proceedings, their application shall be dismissed as moot.

Declaratory Procedure

1 If it is uncertain or contested whether a person possesses Swiss citizenship or the citizenship of a canton, the competent cantonal authority shall decide thereupon.

### Fees, Advance Payments of Costs

1 The Canton and the communes levy fees for their expenses and decisions, which cover the procedural costs, and are responsible for collection.

2 The granting of honorary citizenship is free of charge.

3 The Canton and the communes may demand reasonable advance payments of costs.

4 The naturalization fee must be deposited with the state treasury no later than before the granting of cantonal citizenship.

5 The Government Council determines the maximum rates for fees for the Canton and the communes.

### 8. Legal Protection

Appeals

1. Decisions of the communal naturalisation authorities may be appealed to the

Government Council within 30 days.

9. Transitional and Final Provisions

Applicable Law

1 Applications for naturalization already submitted at the time this Act comes into force shall be dealt with under the previous law.

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