Ordinance on St. Gallen Citizenship (BRV) - Duration of Residence (BRV)

1. For determining whether the applicants and the persons included in the naturalization fulfill the residency duration requirement, the relevant point in time is when the naturalization application is submitted.

1. A person has a good command of German if they have achieved at least the B1 reference level of the Common European Framework of Reference for Languages (CEFR) of the Council of Europe, as listed in the appendix to this decree.

1. In the general naturalization process, the inclusion of additional persons in the naturalization is governed by the provisions of the Law on St. Gallen Citizenship.

2. In the procedure for special naturalization, the following persons may be included in the naturalization of the applicants

a) The spouse or registered partner of a Swiss citizen, if he or she requests inclusion and also already holds Swiss citizenship;

b) The spouse or registered partner of a foreign or stateless minor, if he or she requests inclusion and meets the legal requirements for special naturalization;

c) Minors residing in Switzerland, if the applicant exercises parental authority.

1. Foreign nationals shall attach the following to the application for naturalization

a) a cover letter with a photograph;

b) certificates of residence from their Swiss places of residence;

c) a current certificate of registered marital status, if the applicant is married or in a registered partnership;

d) a current confirmation of the registered personal status for foreign nationals and stateless persons, if the applicant is neither married nor in a registered partnership;

e) a copy of the foreigner's identity card;

f) proof of nationality;

g)* ...

h) proof of adequate German language skills, if the proficiency in the German language is not evident;

i)* a declaration of respect for the rule of law, particularly public safety and order, as well as the values of the Federal Constitution.

2. Upon request, the applicant and the persons included in the naturalization process shall submit additional documents to the Naturalization Council and the Office for Municipalities and Citizenship to ascertain the facts relevant to naturalization.

1. Anyone who is not yet registered in the Swiss civil status register must register before submitting the application.

2. The applicant shall immediately certify any changes affecting the civil status register that occur during the naturalization process. They shall inform the Naturalization Council or, after being granted municipal citizenship, the Office for Municipalities and Citizenship.

1. The Naturalization Council records the facts relevant to naturalization in the investigation report during both the general naturalization procedure and the special naturalization procedure for foreign and stateless minors.

2. In the case of the special naturalization procedure for Swiss citizens, it may dispense with the investigation report and record the facts relevant to naturalization in the naturalization decision.

3. The investigation reports are updated upon request by the Office for Communities and Citizenship.

1. The Naturalization Council forwards to the Office for Municipalities and Citizenship

a) the naturalization application with application documents;

b) the investigation report;

c) a summary of the naturalization interview;

d) the final decision regarding the granting of municipal citizenship rights, including the records of any opposition proceedings.

2. The Office for Municipalities and Citizenship may request additional information from the Naturalization Council or commission it to conduct additional investigations.

1. The Office for Municipalities and Citizenship coordinates the procedure with federal authorities and applies for the federal naturalization approval.

1. The Naturalization Council or, after the forwarding of documents according to Art. 7, para. 1 of this decree, the Office for Municipalities and Citizenship shall suspend the naturalization process if there is an ongoing criminal proceeding until the final conclusion of the criminal proceeding.

2. The applicant is informed about the suspension.

1. The applicant shall attach the following to the release application

a) a civil status certificate or a certificate of the registered family status;

b) in addition, for release from Swiss citizenship

1. proof of foreign residency;

2. proof or assurance of foreign nationality.

1. The fee shall be collected in full from the applicant when they are naturalized or released from citizenship together with their spouse, registered partner, or minor children at the time of the naturalization decision.

2. The Office for Municipalities and Citizenship is responsible for the collection of the fee. It requires an advance payment of costs.

1. The Naturalization Council or the designated authority thereof communicates

a) to the civil registry office of the new place of residence the granting of municipal citizenship if the applicant already possesses cantonal citizenship;

b) to the civil registry office of the previous place of residence the release from municipal citizenship if the applicant holds another St. Gallen citizenship.

1. The Office for Municipalities and Citizenship communicates

a) to the civil registry office of the new place of domicile the granting of cantonal citizenship;

b) to the civil registry office of the former place of domicile the release from citizenship;

c) to the civil registry office of the former or new place of domicile the determination of citizenship.

1. The Administrative Council or Citizen Council submits its binding resolution to the Civil Registry Office of the political municipality concerning

a) the acquisition of an additional municipal citizenship;

b) the declaration of renunciation of a municipal citizenship.

1. The Civil Rights Ordinance of December 15, 1992, is hereby repealed.

1. This decree shall apply from January 1, 2011.