1 State - People - Authorities - 13 Right of Citizenship - Residence - Stay - 131 Right of Citizenship - Title One - General Provisions (RLDCN)
Table of Provisions (20)
Statutory Text (20 Provisions)
Domicile in the Sense of the Neuchâtel Citizenship Law (LDCN), dated March 27, 2017, is the place where a person resides in a manner recognizable to third parties with the intention of living there permanently and making it the center of their personal interests.
"Second-generation foreigners are the children of foreign immigrant parents, provided they have completed the majority of their compulsory education in our country."
The person applying for naturalization is required to cooperate with the determination of the facts.
[5] The Department of Security, Digitalization, and Culture is competent to assume the tasks assigned to the department by the LDCN.
The Cantonal Population Service [6] is responsible for carrying out the tasks assigned to the service by the LDCN.
[7] 1 Repealed.
2. The cantonal naturalization commission is composed of the head of the cantonal population service, who presides over it, the head of the migration service, and the head of the multicultural cohesion service, or their deputies.
3. The secretariat is provided by the cantonal population service.
Civil status data is verified, and if applicable, recorded in Infostar, by the civil registry office of the place of domicile. The costs and fees associated with the civil status procedure are the responsibility of the person applying for naturalization.
The person applying for naturalization must demonstrate oral knowledge of the French language equivalent to at least level B1 of the Common European Framework of Reference for Languages and written skills of at least level A2.
1. In the event of ongoing criminal proceedings against the person applying for naturalization, the naturalization process is suspended until the final conclusion of the proceedings by the criminal justice system.
2. The person applying for naturalization is required to inform the relevant service of the outcome of the criminal proceedings within six months from their final conclusion.
3. Upon resumption of the naturalization process, updated documentation may be required.
4. Additional investigation fees may be charged.
The person applying for naturalization is up to date with their tax obligations, provided that they have paid all due billed amounts in full.
[8] 1 The person requesting naturalization must accompany their application for federal authorization with the following recent original documents
a) application form for Neuchâtel naturalization;
b) confirmation of Swiss civil status data;
c) domicile certificates to verify the minimum required domicile duration in the canton;
d) certificates allowing verification of the duration of stay in Switzerland, specifying under which type of authorization it was performed;
e) copy of the currently valid residence permit;
f) tax certificate;
g) extracts from debt collection registers issued by the competent offices of the domiciles for the last five years;
h) if the applicant is married or in a registered partnership: extracts from debt collection registers issued by the competent offices of the domiciles for the last five years for their spouse or registered partner, even if this person does not apply for naturalization;
i) certificate from the financial service;
j) repealed;
k) language passport issued by the fide Secretariat on mandate from the State Secretariat for Migration (SEM) or a recognized language certificate to obtain said passport;
l) certificate of dependent or independent professional activity, ongoing schooling or training, reliance on social assistance, or grant of AI pension.
1bis Persons whose mother tongue is French are not required to present the language passport to prove their oral and written proficiency in French, nor are those who attended compulsory school in French for at least 5 years, as well as those who obtained a secondary level II or tertiary level diploma following an education conducted in French.
2. Anyone wishing to claim a disability, illness, or other major personal reasons likely to hinder the conditions of Article 17, letters b and d LDCN, is required to provide proof.
3. Additional documents may be required at all stages of the procedure.
1. Naturalization investigations are conducted by the Multicultural Cohesion Service in accordance with the service's guidelines as regulated by an agreement.
2. Investigations related to second-generation candidates may be simplified.
[9] 1 The cantonal fee is collected in full at the time the application for naturalization is submitted.
2. In the event of classification under Article 20 LDCN or as a result of a change of residence to another canton or abroad before the application is forwarded to the federal authority with a favorable recommendation for the granting of cantonal citizenship, a fee of 300 francs (150 francs for those under 18) remains due. The balance of the cantonal fee is refunded.
3. Subject to the classification referred to in paragraph 2, the fee remains fully acquired by the State, regardless of the outcome of the procedure.
The individual seeking certification shall submit their application in written form, accompanied by the following recent original documents
(b) extract from the criminal record.
The service approves the application based on the file compiled by the Municipal Council, which includes the documents submitted in support of the application and a report allowing for the verification of the conditions of Article 26 LDCN.
[10] 1 The fees collected, per application, by the Canton and the communes are as follows
2. In addition to the fees provided for in paragraph 1, the following fees may be collected
c) for the decision to annul an ordinary naturalization: 500 francs.
3. Married or partnered individuals, provided they have the same domicile, as well as unmarried individuals living in a de facto union for at least 3 years, may submit a joint application.
4. In the case of a partial dismissal of a joint application, in accordance with Article 20 LDCN, the fee for adults remains due by the other spouse.
5. In the event of separation of the couple before the cantonal notification provided for in Article 23, paragraph 2 LDCN, the fee for adults is due by each spouse.
6. No fee is charged for minor children included in their parent's application.
Are repealed
a) the order establishing the procedure for the investigation in matters of naturalization of second-generation foreigners, dated February 24, 1999 [11];
b) the order establishing the fees provided by the law on Neuchâtel citizenship to be collected by the State and the municipalities, dated July 6, 2015 [12].
Applications submitted before the law's entry into force are subject to the former law.
This regulation enters into force on January 1, 2018.
This regulation is published in the Official Journal and included in the Collection of Neuchâtel Legislation.