Citizenship Act of the Canton of Grisons (KBüG) - Scope (KBÜG)

1. This law governs the acquisition and loss of cantonal and municipal citizenship rights, insofar as the federal government has not made any provisions.

1. The municipal citizenship and the cantonal citizenship are interdependent.

1. Insofar as the legislation of the Federation and the Canton contain no provisions, the municipal communities shall issue regulations regarding the granting, assurance, and denial of municipal citizenship.

2. They must specifically regulate the competencies, the procedure, and the fees.

3. Article 86, Paragraph 2 of the Municipal Law applies accordingly.

1. The acquisition of the cantonal and municipal citizenship requires, in addition to the residence permit, a domicile in the naturalization municipality for at least five years, of which two years must be immediately prior to the submission of the application.

2. Provided the total duration of residence in the municipality does not exceed twelve years, the civic communities may require an uninterrupted residence of up to five years prior to the submission of the application.

3. For individuals who have been living in a registered partnership with a Swiss citizen for at least three years, a residence of two years in the naturalization municipality immediately prior to the submission of the application is sufficient in every case.

1. Admission to citizenship requires that the applicant appears suitable after examination of personal circumstances.

2. This particularly requires that he or she

a) is successfully integrated into the cantonal and communal community;

b) is familiar with cantonal and communal conditions; and

c) has repaid any social assistance funds received in the past ten years.

1. Successful integration is evidenced particularly by

a) observing public safety and order;

b) respecting the values of the Federal Constitution;

c) the ability to communicate in everyday life in spoken and written form in a cantonal language;

d) secured participation in economic life or in obtaining education, as well as orderly financial circumstances; and

e) promoting and supporting the integration of the wife or husband, the registered partner, or minor children over whom parental care is exercised.

1. Swiss citizens who have not been in serious conflict with criminal law and who fulfill their financial obligations may apply for cantonal and municipal citizenship if they have resided in the municipality of naturalization for at least two years.

2. The civic communities may stipulate additional requirements, provided that these do not exceed those for foreigners.

1. If a person is unable to meet individual naturalization requirements due to a disability, illness, or other significant personal circumstances, or can only do so under difficult conditions, their abilities shall be appropriately taken into account.

1. The naturalization application must be submitted with the required documents to the competent cantonal office.

2. The competent cantonal office forwards the application, after verifying the residency requirements, the criminal record, and the linguistic integration, to the competent municipal community.

1. The municipal community shall conduct the investigations necessary for the assessment of the requirements for naturalization within six months of receiving the naturalization application.

2. Within a further six months, the municipal community assembly shall decide, by majority vote, on the assurance or refusal of the municipal citizenship.

3. Counterproposals must be justified. The justification must relate to the legal requirements for naturalization, for which the municipal community is responsible for assessing.

4. The municipal community may delegate these competencies to the municipal board or to a special commission.

1. Upon obtaining the federal naturalization permit, the government shall decide on the granting or refusal of cantonal citizenship. It may delegate these powers to the competent department.

2. With the granting of cantonal citizenship, municipal citizenship also becomes legally effective.

1. The application for naturalization must be submitted to the municipal community along with the required documents.

2. For cantonal citizens, the municipal community renders a legally effective decision on the granting or denial of municipal citizenship.

3. Otherwise, Articles 10 and 11 apply accordingly.

1. If the assurance of municipal citizenship is present, the previous jurisdiction remains valid even if a person moves to another municipality or another canton.

2. The procedure becomes irrelevant if the residence is moved abroad.

1. A minor child of unknown origin found in the canton is granted the citizenship of the municipality in which it was discovered.

1. The municipality may confer honorary municipal citizenship on individuals who have rendered particular services to the public or the common good, or confer it if they already possess the cantonal citizenship.

1. There are no municipal residency requirements to be fulfilled.

2. The government decides on the waiver of the cantonal residency requirements within the framework of granting cantonal citizenship.

1. The honorary citizenship has the same effect as the citizenship acquired through the regular naturalization procedure.

2. For foreign nationals, the granting of the federal naturalization permit remains reserved.

3. The honorary citizenship is exclusively granted to the person to whom it is awarded.

4. The procedure and jurisdiction are governed mutatis mutandis by the provisions of regular naturalization.

1. The municipal community and the government are free to confer municipal or cantonal honorary citizenship to individuals who have rendered exceptional service to the public or the common good, without affecting their civil status.

**1. Privileged naturalization can be granted to those who meet the requirements of Article 7, paragraph 1, are closely connected to the citizen community, and:**

a) have lost the cantonal and/or municipal citizenship rights through release or by operation of law;

b) have lived in good faith for five years believing to possess the citizenship of a Graubünden municipality, and during this period have been actually treated by cantonal or municipal authorities as a citizen of the corresponding municipality; or

c) bear the maiden name of a parent who possesses municipal citizenship rights by descent.

**2. Residence in the canton or in the citizen community is not required.**

**3. The procedure and jurisdiction are governed by Article 12.**

1. A person who possesses or has been assured of obtaining another cantonal or municipal citizenship can, upon written request, be released from the cantonal or municipal citizenship.

1. The competent cantonal authority orders the release from cantonal or municipal citizenship.

1. In the process of naturalization or release from citizenship, the minor children of the applicant are generally included if they live with the applicant.

2. This inclusion also applies to minor children without Graubünden citizenship whose Graubünden parent applies for the granting of another municipal citizenship.

3. For minors over the age of 16, this only applies if they provide their written consent.

4. For children aged 12 and older, the material requirements of Articles 5 to 7 must be independently and appropriately assessed based on their age.

1. Independent applications by minor children for naturalization or release from citizenship are possible at the earliest from the completed age of 12 and must be submitted by the legal representative. Minors over the age of 16 must provide written consent.

2. In the age-appropriate examination of the material requirements according to Articles 5 to 7, the financial circumstances of the parents may be taken into account.

1. The competent cantonal and municipal authorities, as well as the entities commissioned by them, may process data necessary for the fulfillment of their tasks under this law, including personal profiles and particularly sensitive personal data regarding

a) religious and ideological views;

b) political activities;

c) health, insofar as exceptions to the naturalization requirements are claimed;

d) neglect of family law maintenance obligations;

e) social assistance measures;

f) debt collection and bankruptcy proceedings;

g) tax records, in particular tax arrears and tax penalties;

h) administrative or criminal prosecutions and sanctions.

2. Cantonal and municipal authorities, as well as third parties, are obliged to provide the necessary information.

1. The canton and the municipal communities may charge fees to cover costs for their work efforts and decisions.

2. The fees of the canton and the municipal communities may amount to a maximum of 2,000 francs per foreign person and 1,000 francs per Swiss person.

3. The canton and the municipal communities may require reasonable advance payments for costs.

4. No fees may be charged for the conferment of honorary citizenship and the associated grant of cantonal citizenship.

1. Decisions of denial must be justified.

2. Decisions of the municipal community can be appealed to the Higher Court.

3. Decisions of the competent cantonal office or department can be appealed via administrative complaint. Government decisions can be contested by filing a complaint with the Higher Court.

1. The municipal communities must adjust the existing citizenship regulations or issue new ones within one year from the entry into force of this law and submit them to the competent authority for notification.

1. Proceedings pending at the time of this Act's entry into force shall be conducted in accordance with the provisions of the existing law.

2. Applications by Swiss citizens submitted during the first year after the Act's entry into force, but before the issuance of the amended or new municipal citizenship regulations, shall be assessed under the previous law.