Act on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, kBüG) - Subject Matter (LCit)

1. This law regulates, within the framework of federal law, the acquisition and loss of cantonal and municipal citizenship.

2. The provisions of federal law concerning Swiss citizenship also apply to the acquisition and loss of cantonal and municipal citizenship, insofar as this law does not contain differing or supplementary provisions.

1. A minor child of unknown parentage found in the canton shall be granted the citizenship of the municipality where it was found.

1. Applications for ordinary naturalization must be submitted to the office. The government council shall establish the required application documents in a regulation.

2. If the application is incomplete or not duly signed, it will be returned for correction.

3. The office shall not proceed with the naturalization application if

1. the application documents for the person are missing or incomplete, or the application is not duly signed;

2. the formal requirements are not met;

3. the VOSTRA criminal record information system reveals entries related to judgments, subsequent decisions, or pending criminal proceedings based on adult criminal law, over a period of

a) ten years before the submission of the application by adult foreign applicants;

b) five years before the submission of the application by adult Swiss applicants;

3a. the VOSTRA criminal record information system reveals entries related to judgments, subsequent decisions, or pending criminal proceedings based on juvenile criminal law, over a period of five years before the submission of the application by all applicants;

4. the required language certificate is not provided, unless the applicant is exempted from it; or

5. an insufficient language certificate is presented.

1. Minors and persons under comprehensive guardianship can be naturalized independently no earlier than after reaching the age of 16.

2. They are represented in the naturalization process by their legal representative.

1. Each applicant included in a naturalization application must meet the naturalization requirements appropriate to their age and for the entire duration of the naturalization process.

2. If an applicant in a joint application does not or no longer fulfills the naturalization requirements, the procedure may be independently continued by the remaining included applicants.

3. If criminal proceedings are initiated against an applicant during a pending naturalization process, their naturalization process will be suspended until the final resolution of the criminal proceedings. In a joint application, the procedure may be independently continued by the remaining included applicants.

1. The municipalities and the canton guarantee or grant naturalization approval if the applicant

1. meets the requirements according to Art. 9 or Art. 10 of the Federal Act on Swiss Citizenship (BüG); and

2. demonstrates an uninterrupted residence of five years in the canton and the municipality immediately prior to the submission of the application.

2. Art. 9 para. 2 of the BüG is not applicable for the calculation of the duration of residence in the municipality.

1. The municipalities and the canton guarantee the grant of naturalization approval or issue it if foreign applicants

1. * meet the requirements according to Art. 11 and 12 of the Swiss Citizenship Act;

2. * are successfully integrated, in particular by

a) * being familiar with Swiss, cantonal, and communal living conditions, customs, and traditions;

b) * respecting public safety and order; and

c) * being able to express themselves understandably in everyday situations in spoken and written German;

3. * have fulfilled their obligations and are likely to continue fulfilling them in the future; and

4. * can support themselves economically and demonstrate orderly financial circumstances.

2. The governing council shall determine by ordinance how the obligations under paragraph 1, number 3, are to be fulfilled.

1. Municipalities and the Canton guarantee or grant naturalization permission if Swiss applicants

1. are successfully integrated, by particularly

a) being familiar with the cantonal and municipal living conditions, customs, and traditions;

b) respecting public safety and order; and

c) being capable of expressing themselves clearly in German in everyday spoken and written communication;

2. have fulfilled their obligations and are expected to continue to fulfill them in the future; and

3. demonstrate orderly financial circumstances.

2. The Government Council specifies in a regulation how the obligations according to para. 1 no. 2 are to be fulfilled.

1. If a minor submits a naturalization application independently, the requirements according to Article 7, paragraph 1, numbers 3 and 4, or Article 7a, paragraph 1, numbers 2 and 3, must be assessed with respect to the parents.

2. Applicants up to the age of 25 who are in training must demonstrate either their financial self-sufficiency or that of their parents within the framework of the family law maintenance obligations.

3. Adequate consideration must be given to the situation of persons who cannot meet the integration criteria due to a disability or illness.

1. To demonstrate successful communication in both oral and written form, the applicant must provide, at their own expense, proof of language proficiency from a language institution recognized by the Directorate.

2. The governing council shall regulate exemptions from this obligation by ordinance. If a naturalization authority determines that the language proficiency of an exempted applicant does not meet the requirements, it may request proof of language proficiency.

3. The governing council shall determine by ordinance

1. the content of the language proficiency certificate; and

2. the minimum required reference level according to the Common European Framework of Reference for Languages (CEFR).

4. Illiterate individuals must complete a literacy course and provide the required oral proof of language proficiency.

1. Public security and order are considered upheld by the applicants if there is no entry in the VOSTRA Criminal Records Information System according to Article 3, Paragraph 3, Number 3 or 3a.

2. The applicants must additionally confirm in a declaration that they have not committed any criminal acts abroad that would result in an entry in the VOSTRA Criminal Records Information System in Switzerland.

1. Foreign applicants can acquire Swiss citizenship only in conjunction with cantonal and municipal citizenship.

2. Swiss applicants can acquire cantonal citizenship only in conjunction with municipal citizenship.

1. Upon the entry into legal force of the cantonal naturalization decision, the following acquire

1. * Swiss applicants acquire the municipal and cantonal citizenship;

2. * foreign applicants acquire the citizenship of Switzerland, the canton, and the municipality.

2. Cantonal citizens acquire municipal citizenship upon the entry into legal force of the municipal naturalization decision.

1. The Municipal Council decides on

1. * the granting of municipal citizenship for cantonal citizens;

2. * the assurance of municipal citizenship in other ordinary naturalization processes.

3. * ...

2. The municipalities can delegate this authority in the municipal code to a naturalization commission elected by the Municipal Council consisting of at least five members. One member must belong to the Municipal Council.

1. The Directorate decides on

1. * the granting of cantonal citizenship to Swiss citizens, when the assurance of municipal citizenship is present;

2. * the assurance of cantonal citizenship to foreign applicants, when the assurance of municipal citizenship is present.

2. The Government Council decides on the granting of cantonal citizenship to foreign applicants, once the federal naturalization permit is available.

1. Jurisdiction of the Instances in Canton and Municipal Naturalization Procedures for Foreign Applicants is determined by the age at the time of the respective naturalization decision.

2.

1. If, in a naturalization procedure, the citizenship rights of multiple communities are required, the municipality citizenship is granted until the cantonal authority makes a decision.

2. The grant of municipality citizenship becomes invalid after two years if the cantonal citizenship has not yet been granted; it can be extended by the municipal council for one year in justified cases.

1. Applicants must promptly report to the office during the pendency of their naturalization process

1. Changes in personal or family status, name, or residential address;

2. Facts that are significant for the naturalization decision, such as in particular, debt collection, dependency on social assistance, or the initiation of criminal proceedings.

1. The applicant shall receive municipal citizenship according to Art. 22 BüG in the following order

1. of the municipality responsible for the error;

2. of the municipality where he or she last had residence;

3. of the municipality where he or she stayed.

1. The office may express its opinion during the hearing by the Confederation pursuant to Art. 25 para. 1 BüG before approving an application for facilitated naturalization.

2. It consults the affected municipality if necessary.

1. The office may express its opinion during the hearing conducted by the Confederation according to Art. 29 para. 1 BüG before approving an application for re-naturalization.

2. It consults the affected municipality if necessary.

1. The Office acts as the coordinating authority in the naturalization process and is particularly responsible for

1. receiving all applications for citizenship rights, insofar as they are not to be submitted to the federal government;

2. conducting the formal examination of applications for ordinary naturalization;

3. coordinating the cantonal investigations pursuant to Article 34 BüG (Swiss Citizenship Act);

4. coordinating with municipal, cantonal, and federal authorities.

2. It executes all tasks assigned to the canton under the citizenship legislation, insofar as these tasks are not delegated to another authority.

1. If the federal naturalization approval is subsequently modified according to Article 13 paragraph 4 of the BüG due to the inclusion of children born after the submission of the application, the cantonal and municipal naturalization approvals or assurances must also be adjusted.

2. Children born during a municipal or cantonal naturalization process of the parents must be included in the procedure.

3. The naturalization authority shall immediately inform the involved authorities.

1. Naturalizations can be declared null and void by the Government Council if they have been obtained through false information or the concealment of significant facts. Further conditions are governed by Article 36 of the Citizenship Act.

2. If necessary, he consults with the affected municipality.

1. The Directorate, pursuant to Art. 37 et seq. of the Swiss Citizenship Act, orders the release from Swiss citizenship and issues the certificate of release.

1. The Directorate may, upon request, release cantonal citizens who wish to renounce the Nidwalden cantonal and municipal citizenship while retaining citizenship of another canton.

2. The municipality may, upon request, release cantonal citizens who wish to renounce their municipal citizenship while retaining citizenship of another Nidwalden municipality.

1. The release from cantonal and municipal citizenship also extends to the minor children of the renouncing person, provided they are under their parental custody; children over 16 years of age are included in the release only if they consent to it in writing.

2. For the inclusion of minors who are not under the parental custody of the renouncing person, the consent of their legal representative is required.

3. Minors and persons under comprehensive guardianship who independently submit an application for release can be released from cantonal and municipal citizenship with the consent of their legal representative.

1. The Executive Council is the cantonal authority in accordance with Art. 42 of the Citizenship Act regarding the withdrawal of citizenship.

1. The Government Council decides pursuant to Article 43 of the BüG regarding the possession of cantonal and municipal citizenship if this is in question.

2. It consults the affected municipalities.

1. Cantonal and municipal naturalization authorities may process personal data to fulfill their duties, including personality profiles and particularly sensitive data, especially concerning

1. religious and ideological beliefs;

2. political activities;

3. health;

4. measures of social assistance for foreign applicants;

5. compliance with family law maintenance obligations;

6. debt enforcement and bankruptcy proceedings;

7. tax records, particularly tax arrears, tax penalties, and payment behavior with tax bills;

8. administrative or criminal prosecutions and sanctions;

9. school behavior;

10. other personal information, provided that it is necessary and appropriate to fulfill the duty.

1. Cantonal and municipal offices, authorities, and instances shall provide each other with the necessary information and administrative assistance in naturalization processes.

2. They may obtain further information from third parties such as employers, schools, or private individuals.

3. The municipalities shall regularly inform the office about the status of naturalization procedures pending with them.

1. The appellate procedure is governed by the Administrative Procedure Act.

2. An appeal is only admissible against dismissive decisions. The cost appeal in accordance with the Fee Legislation is reserved.

3. ...

1. For lodging a complaint pursuant to Article 47, paragraph 2 of the Citizen Act, the following authorities are competent

1. the Cantonal Government for the canton;

2. the Municipal Council for the municipality.

1. The imposition of official fees is governed by fee legislation.

2. The canton and municipalities may require an advance payment of costs for their proceedings.

1. The Government Council issues the provisions necessary for the implementation of this law in a regulation.

2. The Directorate may issue guidelines for the implementation of the citizenship legislation.

1. The traditional rights of the old rural inhabitants of Obwalden are preserved; these rights apply to the descendants of those families who held the Obwalden civil rights in the year 1563.

2. The decision made by the competent authority of the Canton of Obwalden regarding the status of cantonal and municipal citizenship rights, as well as the release from Swiss and cantonal citizenship, is also recognized with effect for the Canton of Nidwalden concerning the old rural inhabitants.

3. The traditional dual municipal citizenship rights remain in effect within the framework of the law.

1. Members of the old rural family lineages who wish to acquire citizenship in Nidwalden must obtain the assurance of municipal citizenship through the regular procedure.

2. The Directorate determines whether the applicant is a member of an old rural family lineage from Obwalden and, therefore, a citizen of the canton of Nidwalden.

1. For the processing of applications submitted before the entry into force of this Act, the previous law shall apply.

1. The Act of April 28, 1974, on the Organization and Administration of Municipalities (Municipal Act, MA) is amended as follows: ...

1. Upon the enactment of this law, the following are repealed

1. the Act of 27 April 1969 on the Acquisition and Loss of Cantonal and Municipal Citizenship (Cantonal Citizenship Act, kBüG);

2. the Implementation Ordinance of 14 June 1969 to the Act on the Acquisition and Loss of Cantonal and Municipal Citizenship (Cantonal Citizenship Ordinance, kBüV).

1. This law is subject to the optional referendum.

2. The government council shall determine the date of commencement.