Ordinance on the Citizenship Act of the Canton of Graubünden (KBüV) (KBÜV)

1. The Government is responsible for

a) the granting or denial of cantonal citizenship if the cantonal residency requirements are not met (Art. 16 para. 2 KBüG);

b) the granting of cantonal honorary citizenship (Art. 18 KBüG).

1. The Department is responsible for

a) granting or denying cantonal citizenship within the context of ordinary and privileged naturalizations (Art. 11 para. 1, 12 para. 3, and 19 para. 3 KBüG);

b) nullification of ordinary naturalizations of foreign nationals (Art. 36 para. 3 BüG);

c) lodging appeals pursuant to Article 47 paragraph 2 BüG.

1. The Office is responsible for all tasks and orders, insofar as no other authority is designated by law or regulation, particularly for

a) determining the municipal citizenship in cases of facilitated naturalizations (Art. 22 para. 2 of the Citizenship Act);

b) consenting to the revocation of Swiss citizenship (Art. 42 of the Citizenship Act);

c) establishing citizenship status (Art. 43 of the Citizenship Act);

d) the release from municipal, cantonal, and, if applicable, Swiss citizenship (Art. 19 of the Cantonal Citizenship Act and Art. 37 para. 2 of the Citizenship Act);

e) providing statements to the federal authority in cases of facilitated naturalizations and re-naturalizations (Art. 25 and 29 of the Citizenship Act);

f) receiving and processing data collection orders from the federal authority (Art. 34 of the Citizenship Act);

g) processing applications on behalf of the federal authority;

h) obtaining federal naturalization approval for ordinary naturalizations of foreigners (Art. 13 para. 2 of the Citizenship Act);

i) issuing orders for dismissal of cases and decisions of non-acceptance.

1. If the municipal community entrusts a special commission with tasks, it shall consist of at least three members.

2. The special commission may be composed of representatives from the municipal community as well as the political municipality.

1. Minor children who have reached the age of ten shall only be included in the naturalization process of the applying parents or applying parent if they have actually resided in the naturalization municipality for at least two years.

2. Minor children who are temporarily absent for educational purposes may, upon request of the applying parents or applying parent, be included in the naturalization process.

1. The applicant is familiar with the cantonal and communal living conditions if he or she notably

a) possesses basic knowledge of the geographical, historical, political, and social conditions;

b) participates in the social and cultural life of the local community; and

c) maintains contact with Swiss citizens.

1. The applicant does not observe public security and order to the required extent if he or she

a) significantly or repeatedly disregards legal provisions and official orders;

b) willfully fails to fulfill important public law or private law obligations; or

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

1. The applicant does not meet the integration requirements if an entry with the following content is visible to the authorities in the criminal record information system VOSTRA

a) An unconditional sentence or a partially suspended custodial sentence for a misdemeanor or a felony;

b) A residential measure as an adult or a closed placement as a juvenile;

c) A ban on activity, a contact and area prohibition, or an expulsion from the country;

d) A conditional or partially suspended fine of more than 90 daily rates, a conditional custodial sentence of more than 3 months, a conditional or partially suspended deprivation of liberty of more than 3 months, or a conditional or partially suspended community service of more than 360 hours as the main sanction;

e) A conditional or partially suspended fine of no more than 90 daily rates, a conditional custodial sentence of no more than 3 months, a conditional or partially suspended deprivation of liberty of no more than 3 months, or a conditional or partially suspended community service of no more than 360 hours as the main sanction, provided that the person concerned has not proven themselves during the probation period.

2. For all other visible entries in VOSTRA, the authority shall decide, taking into account the severity of the sanction, whether the applicant's integration can still be regarded as successful. This necessarily requires that the imposed sanction has been executed or the probation period has elapsed.

3. Paragraphs 1 and 2 apply mutatis mutandis to foreign criminal record entries.

1. A conviction by the juvenile prosecution for a felony or misdemeanor resulting in a fine, a reprimand, or community service excludes successful integration within the first three years following the initial decision.

2. Convictions for other penalties may be appropriately considered by the municipal community in the course of its assessment of integration.

1. Multiple misdemeanor penalties in the last five years may, by themselves, stand in the way of successful integration.

2. The authority decides on this matter based on the severity and frequency of the penalties.

1. In the event of pending criminal proceedings against an applicant, the naturalization process is suspended by the criminal justice system until the criminal proceedings are finally concluded with legal force.

1. The values of the Federal Constitution particularly encompass the following fundamental principles, fundamental rights, and obligations

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

b) the fundamental rights such as the equality of men and women, the right to life and personal freedom, the freedom of belief and conscience, and the freedom of expression;

c) the obligation to perform military or civilian substitute service and to attend school.

1. The applicant must demonstrate oral language proficiency in an official cantonal language at least at reference level B1 and written language proficiency at least at reference level A2 of the Common European Framework of Reference for Languages.

2. Proof of language proficiency as required by paragraph 1 is deemed fulfilled when the applicant

a) speaks and writes an official cantonal language as a native language;

b) has attended compulsory schooling for at least five years in an official cantonal language;

c) has completed secondary education at Level II or tertiary education in an official cantonal language; or

d) possesses a certificate based on a language test, which verifies the language proficiencies as per paragraph 1 and is accepted by the State Secretariat for Migration.

1. The applicant participates in economic life if he or she currently and in the foreseeable future covers living expenses and maintenance obligations through income, assets, or third-party benefits to which there is a legal entitlement.

2. The applicant participates in the acquisition of education if he or she is in a stable education and training situation at the time of the application or naturalization.

3. Current dependency on social assistance excludes the fulfillment of the integration criterion. In the case of minors who submit an independent naturalization application, the social assistance dependency of the parents or the parent with whom they live is taken into account until the completion of their 16th year.

1. The applicant does not have orderly financial circumstances in particular if

a) there is excessive debt in relation to economic capacity;

b) the debt collection register extracts from the last five years contain one or more outstanding debt collections or loss certificates;

c) the debt collection register extracts from the last five years contain several paid debt collections, which are simultaneously regarded as a violation of the legal order (Art. 7 para. 1 lit. a and b); or

d) there are outstanding tax debts and one or more debt collections were initiated due to assessed taxes during the last two years prior to the submission of the application.

2. Open debt collections against which a legal objection has been raised shall not be considered, subject to apparent uncollectibility, if the creditor has not made any efforts to remove the objection within one year of raising the objection.

3. For minor persons who submit an independent naturalization application, the financial circumstances of the parents or the parent with whom they reside shall be considered until they reach the age of 16.

1. Persons who received social assistance benefits jointly during marriage or a registered partnership are jointly responsible for repayment in accordance with Article 5, Paragraph 2, Letter c of the Public Assistance Act.

1. The applicant promotes the integration of family members according to Article 6, paragraph 1, letter e of the Citizen's Act, if they support them

a) in acquiring language skills in a cantonal language;

b) in participating in economic life or obtaining education;

c) in participating in the social and cultural life of society in Switzerland, in the Canton of Graubünden, or in the community of residence; or

d) in other activities that contribute to their integration in the canton or the community of residence.

1. If the extract from the Swiss criminal record contains a single entry, the criminal reputation can still be considered not seriously impaired if

a) the conviction was for a traffic offense or the negligent commission of another offense; and

b) the sentence imposed with the conviction does not exceed a prison term of three weeks, a fine of 21 daily rates, or community service of 84 hours.

2. The assessment of the criminal reputation of citizens of Graubünden is not based on the VOSTRA criminal record information system, even if the conditions are possibly tightened by the local community.

3. Convictions by the juvenile court prosecutor are considered in the assessment of the criminal reputation for five years from the date of the first-instance conviction.

1. The applicant complies with financial obligations if the debt enforcement register excerpts of the last five years prior to the application submission do not contain any outstanding enforcements or certificates of loss.

2. Outstanding enforcements against which an objection was raised shall not be considered, barring obvious irrecoverability, if the creditor has not made efforts to remove the objection within one year of its raising.

3. Tax arrears preclude a finding of orderly financial circumstances unless payment agreements are in place and are being adhered to.

**1. The competent authority shall duly consider the personal abilities and circumstances of the applicant when assessing the individual material requirements for naturalization.**

**2. A deviation from the requirements is possible if the applicant is unable to meet them or can only meet them under difficult conditions due to:**

a) a physical, mental, or psychological disability;

b) a severe or long-lasting illness;

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

d) dependence on social assistance as a result of first-time formal education in Switzerland, provided that the dependence on social assistance was not caused by personal behavior and the applicant is at least 16 years old;

e) other significant personal circumstances, notably due to working poverty or the undertaking of caregiving responsibilities, if naturalization is thereby rendered unreasonably lengthy and accompanied by particular hardship.

1. The required documents, certificates, and attestations must be attached to the naturalization application in the form required by the official form.

2. The attachments to the application shall generally not be older than two months.

1. Foreign nationals must use the official form for the naturalization application and submit it to the office along with the following documents

a) Settlement permit;

b) Certificates of residence for the legally prescribed periods (including the ten-year period required by the federal government);

c) Proof of nationality;

d) Civil status certificate reflecting the registered personal status data;

e) Language certificate according to the fulfillment criterion in the sense of Article 13, Paragraph 2, Letters a-d;

f) Resume or self-declarations regarding legal order and debts;

g) Employment confirmation or, in the case of self-employment, financial statements for the last two years;

h) Extracts from the debt enforcement registers of the municipalities of residence for the past five years;

i) Certification of current tax factors and the payment of assessed taxes;

j) Official information on any social assistance received from the municipalities of residence in the past ten years;

k) Proof of parental custody, provided that it is not exercised jointly by the parents.

1. Swiss citizens who do not yet possess the citizenship of the canton of Graubünden must use the official application form for their naturalization request and submit it to the local community along with the following documents

a) Certificates of residence for the legally required periods;

b) Civil status certificate documenting registered personal status data;

c) Private excerpt from the Swiss criminal records;

d) Curriculum vitae;

e) Extracts from the debt enforcement registers of the municipalities of residence for the last five years;

f) Certification from the tax authorities regarding the payment of assessed taxes;

g) Proof of parental custody, if such custody is not exercised jointly by the parents.

2. If the local community tightens the naturalization requirements for ordinary naturalizations, it designates any additional documents that must be submitted or provided subsequently.

3. For privileged naturalizations, additional documents that document the specific circumstances must be enclosed.

1. Swiss citizens who already possess cantonal citizenship must submit the application in the form prescribed by the local community.

2. Article 23 shall apply in all other respects.

1. The office shall proceed with the application if

a) the residency requirements are proven with certificates of residence;

b) the criminal record meets the requirements; and

c) linguistic integration is confirmed.

2. If linguistic integration is to be denied, the office decides on a deviation from this integration criterion.

**1.** The competent authority of the citizens' municipality verifies the actual residential requirements and the material naturalization prerequisites that have not yet been assessed by the office. The findings obtained are recorded in the official survey report.

**2.** As part of the surveys, it is mandatory to conduct a naturalization interview with the applicant, which must be recorded. In justified cases, the citizens' municipality may be exempted from this obligation by the office.

**3.** The citizens' municipality is free to assess the knowledge according to Article 6, paragraph 1, letter a, through a written test. In any case, the citizens' municipality ensures that the applicant

a) can prepare for the oral or written test with the help of appropriate resources or courses; and

b) can pass a test with the oral or, if applicable, written language skills required for naturalization.

1. If the body of the citizen community entrusted with investigations concludes that the requirements for naturalization are not met, it shall inform the applicant of this decision, stating the reasons, and notify the office.

2. If the applicant does not withdraw the application, the body of the citizen community responsible for this matter shall decide on the refusal of the assurance.

3. The citizen community shall communicate final dismissal decisions to the office due to an application withdrawal or a change of residence, returning the documents.

1. After the municipal community has transmitted the assurance of municipal citizenship rights along with the documents, the office shall, if necessary, conduct additional clarifications, obtain the federal naturalization approval, and prepare the decree for the government or the department.

2. The assurance of the municipal community shall become void if, subsequently, the proceedings are dismissed or the cantonal citizenship is denied.

1. The municipal community assesses the naturalization requirements, whereby it may waive conducting a naturalization interview with the applicant.

2. For individuals who do not yet possess cantonal citizenship, the municipal community forwards the application along with the documents to the office. This office, if necessary, conducts further investigations and prepares the decision for the attention of the government or the department.

3. In other respects, Articles 27 paragraphs 1 and 2, as well as Article 28, apply mutatis mutandis.

1. The applicants are obliged to cooperate in establishing the facts that are relevant to the proceedings. In doing so, they must provide complete and accurate information.

2. They must immediately report subsequent changes to the office or the municipality if these changes

a) concern their personal and family status, name, and place of residence; or

b) may affect the outcome of the application (for example, change or loss of employment, deterioration of financial situation, criminal conduct abroad).

1. The cantonal and municipal authorities as well as the eligible voters of the citizen assembly must respect the privacy of the applicant.

2. The eligible voters may be informed of the following data regarding the applicant and the persons included in the naturalization application

a) First and last name, as well as date and place of birth;

b) Nationality;

c) Residential address;

d) Duration of residence in Switzerland, in the canton, and in the municipality;

e) Educational and professional background, as well as marital status;

f) Determination and reasoning of suitability or lack thereof.

3. Particularly sensitive personal data and detailed information about living conditions may not be disclosed to the eligible voters of the citizen assembly.

1. The authority communicates approved naturalizations, facilitated naturalizations, re-naturalizations, nullifications of naturalizations, releases from municipal, cantonal, and, if applicable, Swiss citizenship, as well as dismissal orders to those authorities and offices that rely on the communication for the fulfillment of their duties.

2. The municipal community communicates the legally binding naturalization of persons who already possess cantonal citizenship to the competent civil registry office.

1. The municipal community, where the citizenship was acquired, preserves the naturalization records of Swiss citizens, and the office maintains the naturalization records of foreign nationals.

2. Naturalization records must be retained for at least 30 years.

3. The original records may be destroyed after ten years, provided that they have been previously secured through microfilming or electronic storage.

1. The application for release from municipal, cantonal, and if applicable, Swiss citizenship must be submitted to the office with the following documents

a) Civil status documents

1. Single individuals without descendants: Certificate of civil status;

2. Married, widowed, divorced individuals as well as single individuals with descendants: Certificate of registered family status or family certificate;

3. Individuals in registered partnerships: Partnership certificate;

b) Proof of parental custody, provided that it is not jointly exercised by the parents;

c) Certificate of possession or assurance of citizenship of another municipality, canton, or state.

2. In the case of release from Swiss citizenship, a foreign residence certificate is also required.

3. The documents should generally not be older than two months.

1. The release from cantonal citizenship results in the loss of the municipal citizenship rights of Grisons.

2. The release from Swiss citizenship results in the loss of cantonal citizenship and the municipal citizenship rights of Grisons.

3. The loss of Swiss citizenship, cantonal citizenship, and the municipal citizenship rights of Grisons takes effect upon the delivery of the certificate of release.

1. The office retains the discharge files for 30 years.

2. The original files may be destroyed after ten years, provided they have been previously secured through microfilming or electronic storage.

1. For decisions in the naturalization procedure of foreign nationals, the canton charges the following fees depending on the workload

a) Adult individual: CHF 100.- to 1300.-

b) Married couples and couples living in a registered partnership: CHF 150.- to 1600.-

c) Married couples and couples living in a registered partnership with children: CHF 150.- to 1800.-

d) Single parent with children: CHF 100.- to 1500.-

e) Minor individual: CHF 100.- to 1100.-

1. For decisions in the naturalization process of Swiss citizens, the canton charges the following fees depending on the amount of work involved

a) adult individual: CHF 100.- to 400.-

b) married couples and couples in registered partnerships: CHF 150.- to 600.-

c) married couples and couples in registered partnerships with children: CHF 150.- to 700.-

d) single parent with children: CHF 100.- to 500.-

e) minor individual: CHF 100.- to 300.-

1. For the decision regarding the release from municipal, cantonal, and, where applicable, Swiss citizenship, the canton charges a fee ranging from 100 to 500 Swiss Francs, depending on the amount of work involved.

1. The fee may be increased up to double the amount if processing the application requires an above-average amount of work.

1. Services Not Provided for in the Fee Schedule by Cantonal Authorities are to be Compensated Analogously Based on the Time Spent. The expenditure is billed at 100 Swiss Francs per hour.

1. The fee becomes due

a) upon notification to the person liable for the fee;

b) in the event of an appeal, upon the decision on the complaint becoming final and binding.

2. The payment deadline is 30 days from the date of invoicing.

1. The claim for fees becomes time-barred ten years after it becomes due.

2. The limitation period is interrupted by any administrative action that asserts the claim for fees against the obligated person.