Acquisition and Loss of Citizenship by Operation of Law - Acquisition

1. Acquisition and Loss of Municipal and Cantonal Citizenship by Operation of Law are Governed by the Provisions of Federal Law.

1. For decisions and opinions of the canton based on federal law and this Act, the department responsible for citizenship is competent, insofar as no special jurisdiction is provided.

1. Foundlings shall receive the citizenship of the municipality in which they are found, and simultaneously, the cantonal citizenship.

2. If their parentage is subsequently established, they shall lose the citizenship acquired under paragraph 1, provided they are still minors and do not become stateless as a result.

1. When municipalities merge, the citizens are granted the municipal citizenship of the new municipality by operation of law.

1. Whoever possesses the cantonal citizenship and acquires the citizenship of another canton shall lose the cantonal citizenship and the municipal citizenships of the municipalities of Schaffhausen unless a written declaration to retain them is submitted within one month following the notification by the competent department.

2. Paragraph 1 applies accordingly to the previous municipal citizenship of cantonal citizens who acquire the citizenship of another municipality within Schaffhausen.

3. The granting of honorary citizenship does not result in the loss of existing citizenships.

1. An applicant for municipal and cantonal citizenship must be suitable for this purpose based on their personal circumstances.

2. A person is considered suitable, in particular, if they

a) are integrated into the municipal, cantonal, and Swiss conditions

b) are familiar with the customs, habits, and practices of the country

c) respect the Swiss legal system and do not endanger the internal and external security of Switzerland

d) are aware of the rights and duties associated with citizenship

e) possess sufficient language skills to communicate with authorities, fellow citizens, both male and female

f) demonstrate orderly personal and financial circumstances

3. For respectable reasons, citizenship may also be granted if conditions e and f are only partially fulfilled.

1. Anyone applying for admission to citizenship must demonstrate residence in the respective municipality for at least two years without interruption.

2. For foreign nationals, the naturalization decision only becomes effective once they have received the federal naturalization authorization.

1. Each spouse may submit the application for naturalization.

2. Minor children under parental custody are generally included in the naturalization process; Article 9, paragraph 2 shall apply mutatis mutandis. Children of a mother married to a Swiss father, who acquires cantonal and municipal citizenship, are not included.

1. For minors or persons under comprehensive guardianship, the application for independent naturalization must be submitted by the person who has legal representation.

2. Anyone who has reached the age of 16 and is capable of judgment must also declare their own will to acquire citizenship in writing.

3. ...

1. The municipality determines in its constitution the authority responsible for granting municipal citizenship. If citizenship is not granted by the municipal council, the council submits an application.

2. Cantonal citizenship is granted by the cantonal government.

1. The municipal citizenship becomes legally effective with the granting of the cantonal citizenship.

1. The municipal council is responsible for the decision in the simplified procedure.

2. Anyone who is naturalized through the simplified procedure and does not yet possess the cantonal citizenship acquires the cantonal citizenship upon being granted the municipal citizenship.

1. The simplified procedure is applicable to

a) Swiss nationals

b) Foreign nationals who demonstrate that they have completed eight years of compulsory schooling in Switzerland and have predominantly lived in Switzerland. The consent of the canton remains reserved.

2. If foreign spouses or foreign individuals in a registered partnership jointly apply for the granting of citizenship, each of them must fulfill the conditions according to paragraph 1; otherwise, the ordinary procedure is applicable.

1. The Administrative Procedure Act is applicable to the proceedings. If the naturalization application is denied, the decision must be justified.

2. If the municipal or community assembly or the residents' council decides on the application, the proposal of the municipal council is considered accepted if no substantiated counter-proposal is made. If the application is denied, the body responsible for the decision provides the justification.

3. The government council regulates the further procedural rules and the documentation to be provided by the applicants.

1. The decision regarding the granting of cantonal and municipal citizenship is subject to a fee, unless fee exemption is explicitly provided for.

2. Any cash expenses may be charged separately.

3. If spouses or individuals in a registered partnership are naturalized together and within the same procedure, or if children are included in the naturalization, the fee is charged only once.

4. If the application is withdrawn, the authority responsible for processing records the withdrawal and charges an administrative fee corresponding to the work incurred, but no more than the fee for the final decision.

5. In cases of social hardship, the fees may be waived partially or entirely.

1. The fee for the decision on the granting of municipal citizenship and cantonal citizenship in the ordinary procedure amounts to CHF 850.00 for the canton and CHF 1,150.00 for the municipality.

1. For the decision on the granting of citizenship through the simplified procedure, the fee is as follows

a) For Swiss citizens, CHF 250.00 for the municipality

b) * For foreign nationals, CHF 400.00 for the canton and CHF 600.00 for the municipality

2. No fee shall be charged for the granting of municipal and canton citizenship to Swiss citizens who have resided in the canton for more than 12 years. Absence due to professional training does not interrupt the duration of residence.

1. An applicant for citizenship may be required to secure the costs of the proceedings.

1. Persons who have rendered special services to the public or the common good may be granted honorary municipal citizenship. They shall also acquire cantonal citizenship with this honor.

2. Honorary citizenship is exclusively reserved for those persons to whom it is awarded.

1. For foreigners, the provisions in Art. 16 of the Federal Citizenship Act remain reserved.

1. Requirement for Release from Municipal or Cantonal Citizenship: Applicants and persons included in the release must demonstrate that they possess or have been guaranteed another citizenship.

2. The release will not be granted as long as the applicants have residency in the canton and municipality.

1. Each spouse may file a petition for release from municipal or cantonal citizenship.

1. Under the conditions outlined in Art. 9, minors or persons under comprehensive guardianship can be released from cantonal and municipal citizenship.

2. Children under the parental custody of the father or the unmarried mother are included in the release, subject to Art. 9 para. 2, as well as the children of a Swiss woman married to a foreigner who applies for release from cantonal and municipal citizenship.

1. The competent department decides on the release from municipal and cantonal citizenship.

1. Proceedings pending at the time of the entry into force of this Act shall be assessed according to the law most favorable to the applicants.

2. For determining the allocation of fees pursuant to Article 16 and Article 17, the time of submission of the application is decisive.

1. This law repeals the law concerning the acquisition and loss of municipal and cantonal citizenship rights of June 2, 1969.

1. This law shall enter into force at a date to be determined by the government council following its approval by the people.

2. It shall be published in the Official Gazette and included in the cantonal law collection.