Act on St. Gallen Citizenship (BRG) - St. Gallen Citizenship Rights (BRG)

1. The St. Gallen Citizenship includes according to the Cantonal Constitution of June 10, 2001

a) the Cantonal Citizenship;

b) the Municipal Citizenship;

c) the Local Citizenship.

1. The implementation of federal and cantonal citizenship legislation is subject to special legal provisions

a) in the political municipalities, by the Naturalization Council;

b) in the canton, by the competent department.

1. The Naturalization Council consists of at least four members.

2. The council of the political municipality determines the number after consultation with the council of the local municipality.

1. The Naturalization Council fulfills the tasks assigned to it by this decree and through regulation.

2. The political municipality and local municipality shall conclude an administrative agreement if they

a) divide tasks between the political municipality and local municipality or assign them to the local municipality;

b) regulate the distribution of administrative costs between the political municipality and local municipality.

1. Naturalization Council and the competent department, as well as the agencies commissioned by them, may process personal data for the fulfillment of their tasks under this decree.

2. They obtain the necessary information for the creation of the personality profile from the competent authorities of the canton and municipality, as well as from third parties, and may process the following particularly sensitive personal data

a) Religion and ideological views;

b) Political activities;

c) Incidents in school and references to the behavior of students;

d) Incidents in the workplace;

e) Fulfillment of family law maintenance obligations;

f) Social welfare and unemployment insurance measures;

g) Debt enforcement and bankruptcy proceedings;

h) Tax arrears and tax penalties;

i) Criminal and administrative proceedings and measures;

j) Police data.

1. The naturalization process is subject to fees.

2. The government regulates the fee by ordinance.

1. Swiss citizens who do not meet the requirements for the procedure of Special Naturalization can be naturalized in accordance with Art. 104 para. 1 and 2 of the Cantonal Constitution of June 10, 2001.

1. Minors are included in the naturalization of the applicant if the latter exercises parental custody.

1. Foreign nationals holding a permanent residence permit may apply for municipal and cantonal citizenship if they have resided continuously in the canton and the political municipality for the last five years.

1. The residence duration according to Art. 9 of this decree is set at three years in the canton and two years in the political municipality if the foreign national with a settlement permit lives in a marital community or registered partnership, existing for at least three years, with a person who

a) is already a citizen;

b)* ...

1. Minors residing in the canton with a residency permit are generally included in the naturalization process of the applicant, provided that the applicant exercises parental custody.

2. Children who have reached the age of 10 must have resided in the political municipality for at least two years.

1. Foreign nationals can be naturalized if they are eligible for naturalization. Eligible is someone who is integrated and familiar with Swiss and local living conditions.

2. ...

1. Foreign nationals are considered integrated if they meet the integration criteria according to Art. 12 para. 1 of the Federal Act on Swiss Citizenship of June 20, 2014, and

a)*

b)*

c) live in orderly financial circumstances;

d)*

e)*

f) take responsibility for the upbringing of their minor children;

g) possess good German language skills for communication with the authorities and the local population. The German language skills are demonstrated through a test unless they are evidently present.

1bis. The foreign national expresses in a written declaration their acceptance of the democratic legal order, particularly public safety and order, as well as the values of the Federal Constitution.

2. The government shall issue more detailed provisions by regulation regarding the requirements for communication ability in the German language.

1. Familiarity with Swiss and local circumstances is demonstrated particularly by someone who

a) is interested in public affairs, is knowledgeable about them, and participates in them;

b) has knowledge of the principles of state structure as well as basic understanding of geographical, historical, political, and social conditions.

1. An individual seeking naturalization shall submit the application to the naturalization council or to the entity designated by the council.

2. The legal representative shall submit the application for naturalization on behalf of minors or persons under comprehensive guardianship.

1. The naturalization application includes the cover letter, which sets forth the reasons for acquiring citizenship, a photograph, and the other documents required by the naturalization council.

2. The government specifies the documents to be submitted in the regulations.

1. The Naturalization Council establishes the facts relevant to the naturalization.

2. It conducts the naturalization interview with the applicant.

1. The Naturalization Council transmits to the responsible department for querying the criminal record data from the Criminal Records Information System VOSTRA copies of

a) the naturalization application;

b) the passport and residence permit of the applicant, as well as of the adults and minors included in the naturalization application from the age of 10 years.

2. It includes a confirmation that the applicant and the adults and minors included in the naturalization process from the age of 10 years fulfill the required residency durations.

3. The responsible department performs the query of the criminal record data and provides the Naturalization Council with the registry excerpt.

1. If a foreign national moves to another municipality or canton during the process, the naturalization council with which the naturalization application is pending remains responsible, provided that it has published the naturalization in the official publication organ of the political municipality. In other cases, it declares the naturalization application irrelevant.

1. The Naturalization Council decides on the naturalization application.

2. It provides the applicant with the opportunity to comment and to withdraw the naturalization application if it intends to reject it.

3. If the Naturalization Council approves the naturalization, it conducts the procedure of public disclosure and official announcement.

1. The Naturalization Council prepares the application dossier.

2. The application dossier contains

a) Naturalization application with cover letter and photograph;

b) Information on the duration of residence in Switzerland, the canton, and the political municipality;

c) Summary of the results of the naturalization interview;

d) Decision of the Naturalization Council on the granting of municipal and local citizenship rights with a summary justification.

1. The Naturalization Council shall make the submission dossier publicly available for thirty days on the day following the official announcement.

2. The public submission and official announcement shall not take place during the period of suspension of deadlines according to Article 145, paragraph 1 of the Swiss Civil Procedure Code of December 19, 2008.

1. Any individual eligible to vote in the political municipality for which citizenship is being applied may inspect the application dossier during the public inspection period.

1. The Naturalization Council publishes its decision on the granting of the municipal and local citizenship rights in the official publication organ of the political municipality.

2. It announces the following information about the applicant and the persons included in the naturalization

a) Family and given name;

b) Date of birth;

c) Nationality;

d) Residential address.

3. The Naturalization Council

1. informs that the dossier available for inspection can be reviewed and that written and substantiated objections may be filed against the naturalization decision;

2. communicates the location and duration of the availability as well as the objection period.

1. Any person eligible to vote in the political municipality in which citizenship is being sought may file a written and substantiated objection against the decision of the Naturalization Council.

2. The objection must be submitted to the Naturalization Council within the publication period.

3. The citizens' assembly or the municipal parliament of the political municipality shall decide on the granting of municipal and local citizenship if a valid objection has been raised against the decision of the Naturalization Council to grant the municipal and local citizenship.

1. The Objection is Valid

a) if it is submitted within the publication period and is sufficiently substantiated;

b) insofar as it does not contain statements that violate the prohibition of discrimination.

1. The objection is deemed sufficiently justified if, in relation to the decision of the Naturalization Council, it is demonstrated that

a) Information in the documents of the application dossier

1. is incomplete or incorrect;

2. needs to be supplemented due to newly arisen facts related to the applicant;

b) the determination by the Naturalization Council that the suitability requirements are met is incorrect.

1. The Naturalization Council decides on the validity of the objection.

2. The decision on the objection is free of charge.

1. If the objection is invalid, the Naturalization Council shall notify the objector of the decision by means of an order.

2. The order can be contested according to the provisions of the Administrative Procedure Act of May 16, 1965, by filing an appeal with the competent department.

1. If the objection is valid, the Citizenship Council provides the applicant with the opportunity to respond.

1. The Naturalization Council assesses the naturalization application, taking into account any objections and statements.

2. It informs the applicant as well as the objector about the outcome.

3. It provides the applicant with the opportunity to withdraw the naturalization application if it intends to propose the rejection of naturalization to the citizens' assembly or the municipal parliament.

1. The objector may withdraw the objection within fourteen days after being informed of the result of the assessment of the naturalization application.

1. The Report of the Naturalization Council includes

a) Name and first name, as well as date and place of birth of the applicant and the persons included in the naturalization;

b) Information on civil status and family relationships;

c) Nationality;

d) Residential address;

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

f) Summary presentation

1. of the reasoning contained in the objection;

2. of the statement of the applicant;

g) The assessment of the objection and statement by the Naturalization Council.

2. The Naturalization Council may include information in the report about schools attended and training completed, as well as about professional activity and career history, or provide such information to the assembly of citizens or the municipal parliament.

3. The Naturalization Council proposes approval or rejection of the naturalization application.

1. The eligible voters or the members of the municipal parliament can express their opinion on the naturalization application.

2. They vote on the proposal of the naturalization council.

3. Motions for non-consideration, referral back, or postponement as well as amendment motions are not permitted.

1. The Naturalization Council serves the applicant with the naturalization decree.

2. The applicant may appeal the naturalization decree within fourteen days of notification by filing a complaint with the competent department. The procedure shall be conducted in accordance with the provisions of the Administrative Procedure Act of May 16, 1965. Grounds for appeal may include

a) incorrect or incomplete determination of the facts;

b) unlawfulness.

3. The competent department shall refer the matter back to the Naturalization Council for the implementation of the objection and submission procedure according to this decree, if it agrees to an appeal against a naturalization application that was rejected by the Naturalization Council and not subjected to the objection procedure.

1. The Naturalization Council or the designated authority shall forward the application for the granting of cantonal citizenship, along with the necessary documents, to the competent department after the municipal citizenship has been granted.

1. Swiss citizens are naturalized pursuant to Article 105 of the Cantonal Constitution of June 10, 2001.

1. Foreign and stateless youths who possess a residence permit and meet the suitability requirements according to Articles 12 to 14 of this decree shall be independently naturalized in accordance with Article 106, Paragraph 1 of the Cantonal Constitution of June 10, 2001.

1. Any person applying for naturalization shall submit the application to the Naturalization Council or the office designated by it.

2. The legal representative shall submit the application for independent naturalization on behalf of minors or persons under comprehensive guardianship.

1. The naturalization application contains the documents required by the Naturalization Council.

2. The government specifies the documents to be submitted in the regulation.

1. The Naturalization Council establishes the facts relevant to naturalization.

2. It provides the applicant with the opportunity to respond and withdraw the naturalization application if it intends to reject the naturalization.

1. For the query of criminal record data of foreign and stateless minors, Article 17a of this decree shall be applied mutatis mutandis.

1. If a foreign or stateless minor relocates to another political municipality or another canton during the proceedings, the naturalization council, with which the naturalization application is pending, remains responsible, provided that the naturalization decree of the council has become legally binding. In all other cases, the council declares the naturalization application to be irrelevant.

1. The Naturalization Council decides on the granting of municipal and local citizenship.

2. The Naturalization Council or the body designated by it forwards the application for granting cantonal citizenship to the competent department, after the municipal citizenship has been granted.

1. The Naturalization Decision of the Naturalization Council can be challenged by appeal to the competent department in accordance with the provisions of the Administrative Jurisdiction Act of May 16, 1965.

1. The granting of cantonal and municipal citizenship to non-cantonal citizens becomes legally effective with the decision of the government.

1bis Before the government decides on granting cantonal citizenship to foreigners, the responsible department shall conduct a new inquiry of the criminal record data from the criminal record information system VOSTRA. It shall also examine

a) whether the applicant lives in orderly financial circumstances;

b) participation in economic life or acquisition of education if more than six months have elapsed since the federal naturalization permit was granted.

1ter The government shall deny the granting of cantonal citizenship if the review pursuant to paragraph 1bis of this provision determines that the requirements for naturalization are no longer met.

2. The decision on granting municipal citizenship to foreigners becomes void if cantonal citizenship is not granted within five years for reasons that lie within the responsibility of the person seeking naturalization. The responsible department shall discontinue the procedure.

1. The granting of an additional municipal citizenship to a citizen of the canton becomes legally effective upon the decision of the political municipality.

1. Anyone who, while retaining citizenship rights of another canton, wishes to renounce their Saint Gallen cantonal and municipal citizenship rights, shall apply in writing to the competent department for release.

2. Anyone who, while retaining citizenship rights of another municipality, wishes to renounce their Saint Gallen municipal citizenship rights, shall apply in writing to the naturalization council for release.

3. The competent department or the naturalization council shall grant the release.

1. **Inclusion in the Release from Cantonal and Municipal Citizenship Rights**

Minors who are under the parental care of the person renouncing their rights are included in the release from cantonal and municipal citizenship. The inclusion of minors who have reached the age of 16 requires their written consent.

2. **Retention of Citizenship Rights by Minors under Joint Parental Care**

Minors who are under the parental care of both parents retain cantonal and municipal citizenship rights as long as one parent possesses them.

3. **Independent Release of Minors from Citizenship Rights**

Minors can independently be released from cantonal and municipal citizenship rights if their legal representative agrees.

1. Adults under comprehensive guardianship may be released from cantonal and municipal citizenship with the consent of the guardian.

1. The competent department pronounces the release from cantonal and municipal citizenship associated with the loss of Swiss citizenship.

1. The competent department declares a naturalization null and void if it was obtained through false information or concealment of significant facts.

1. The Competent Department

a) decides in cases of doubt or dispute regarding the existence of cantonal or municipal citizenship rights;

b) determines the municipal citizenship of a foreign woman or man who has been mistakenly treated as a Swiss citizen by the authorities.

1. A child of unknown descent found within the canton territory shall receive the citizenship of the political municipality where it was discovered.

2. The competent department

a) determines the municipal and cantonal citizenship;

b) designates the local municipality whose citizenship the child shall receive, if there are multiple local municipalities within the area of the political municipality.

1. Anyone who resides in a political municipality consisting of multiple local municipalities, has held the local citizenship of one of these local municipalities for at least ten years, and has maintained continuous residence in the political municipality during this period, may, upon request, acquire the local citizenship of another local municipality within the area of this political municipality.

1. The holder of the additional municipal citizenship loses it if he or she is released from the St. Gallen cantonal and municipal citizenship or the St. Gallen municipal citizenship pursuant to Articles 46 to 49 of this enactment.

1. Anyone who holds the municipal citizenship of multiple local municipalities within the political community can renounce the others while retaining one municipal citizenship.

1. The Administrative or Citizens' Council

a) decides on the acquisition of further local citizenship;

b) determines the renunciation pursuant to Art. 52c of this decree.

2. The decision regarding the acquisition and the determination of renunciation can be appealed to the competent department according to the provisions of the Administrative Procedure Act of May 16, 1965.

1. The competent department represents the canton in proceedings with the competent federal authorities. The Naturalization Council makes the necessary inquiries for naturalization decisions by the federal authorities.

2. The competent department forwards naturalization applications from foreign nationals and from foreign and stateless youth to the competent federal authority for the issuance of federal naturalization approval.

1. The competent department lodges an appeal on behalf of the canton against decisions of the competent federal department in matters of citizenship.

1. The Civil Rights Act of December 5, 1955, is repealed.

1. For naturalization applications that are pending with the Naturalization Council at the commencement of this decree, the following shall apply

a) for the requirements for the granting of cantonal and municipal citizenship, the provisions of the Citizenship Law of December 5, 1955[17] and the naturalization regulations of the political municipality;

b) for the procedure, the provisions of this decree.

1. The government determines the commencement of this decree's enforcement.