1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 110 Civil Right** (KBÜG)

Scope

This Law governs the acquisition and loss of cantonal and municipal citizenship, insofar as federal law does not contain a provision.

Linguistic Equality

All personal pronouns refer equally to women and men.

**II. Acquisition of Citizenship**

Ordinary Naturalization

a) Residence Requirement

1 Whoever submits the naturalization application must be in possession of a settlement permit and have resided continuously in the relevant municipality for at least five years.

2 In the event of a change of residence after the application has been submitted, jurisdiction does not lapse, unless the residence is moved abroad.

b) Suitability

1 Any person applying for communal and cantonal citizenship must

a) sign a charter declaring their acceptance of the fundamental values of the

Constitution;

b) be suitable for the grant of citizenship based on their personal circumstances.

2 A person is suitable if they

a) are integrated into communal, cantonal, and Swiss society;

b) are familiar with the customs, traditions, and way of life in Switzerland, the

Canton, and the municipality;

c) have an irreproachable reputation, respect the Swiss legal order, and do not endanger the internal or external security of Switzerland;

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

e) possess sufficient written and oral German language skills to communicate

with authorities and fellow citizens;

f) have orderly personal and financial circumstances.

3 The Government Council shall specify in detail the content of the charter and

the suitability requirements to be fulfilled, for which purpose the municipalities

shall be consulted beforehand. It may authorize the competent department to issue directives or to declare existing guidelines binding.

Honorary Citizenship

The municipal assembly can award honorary citizenship to persons who have rendered outstanding services to the Canton or a public entity of the Canton of Schwyz.

Foundling

A foundling acquires the communal citizenship of the municipality in which it was found.

III. Naturalization Procedure

A. Ordinary Naturalization

Application

1 The application for naturalisation must be submitted to the municipality.

2 An application shall not be processed if

a) the residence requirements are not met;

b) the criminal record extract for private individuals shows entries or a criminal

proceeding is pending; or

c) proof of sufficient German language skills has not been provided.

3 The Government Council shall regulate the details of the procedure, determine the

documents to be submitted, and may establish exceptions to para. 2.

Publication

1 The application (surname, first name, date of birth, address, nationality,

duration of residence in Switzerland) will be published by the municipality in the official gazette and in the usual local manner.

2 Within 20 days, anyone may submit objections or comments regarding the naturalisation applications.

3 Persons who submit objections or comments do not have party status in the naturalisation procedure.

Hearing of Applicants

1 The naturalization authority or a delegation shall personally hear the applicants,

especially regarding objections and comments received.

2 It shall take into account the result of the examination and hearing in its decision

or proposal.

Granting of Municipal Citizenship

a) Naturalization Authority

1 The Municipal Council appoints a Naturalization Authority, consisting of at least five members and presided over by a member of the Municipal Council.

2 The Naturalization Authority decides on the granting of municipal citizenship.

3 If the Municipal Assembly is responsible for granting municipal citizenship, it acts as a Naturalization Commission and submits a proposal to the Municipal Council.

b) Communal Assembly

1 The decision concerning the granting of communal citizenship can be made by a

resolution of the communal assembly or be delegated to the communal assembly

in the communal regulations.

2 The communal assembly decides on the granting of communal citizenship by open

ballot, unless a secret ballot is decided upon.

3 The motion of the Municipal Council regarding a naturalization application is deemed

accepted, unless a reasoned counter-motion is made from among the assembly.

Granting of Cantonal Citizenship

The Cantonal Council decides on the granting of cantonal citizenship after the communal citizenship has been granted and the federal naturalization permit is available.

Legal Protection

1 A negative decision by the naturalization authority or the Cantonal Council can be appealed by the applicant to the Administrative Court within 20 days.

2 Decisions of the municipal assembly can be appealed to the Administrative Court within 10 days, in accordance with the provisions of the Law on the Organization of Districts and Municipalities.

Legal Force

Naturalization comes into effect with the granting of cantonal citizenship and the payment of all fees.

**B. Reinstatement of Citizenship and Facilitated Naturalization**

1 The competent department takes a position towards the Confederation in the procedure for re-naturalization and

facilitated naturalization.

2 It orders the investigation and may entrust the local police station or the communal naturalization authority with it.

IV. Loss of Citizenship

Anyone who possesses or has been assured another cantonal or municipal citizenship may be released from cantonal or municipal citizenship by the competent department upon written request.

V. Data Protection and Fees

Processing of Personal Data

1 The competent cantonal and communal authorities, as well as the bodies commissioned by them, may process data, including personality profiles and particularly sensitive personal data, for the fulfillment of their tasks under this Act. This includes information on

a) religious and philosophical views;

b) political activities;

c) health, to the extent that an exception to the naturalization requirements is invoked;

d) observance of family law maintenance obligations;

e) social assistance measures;

f) debt collection and bankruptcy proceedings;

g) tax records, in particular tax arrears and tax penalties;

h) administrative or criminal prosecutions and sanctions;

i) school conduct;

j) further personal information, provided that it is necessary and suitable for the fulfillment of the task.

2 Cantonal and communal authorities and official bodies are authorized and obliged to provide the necessary information free of charge.

3 The cantonal and communal authorities and commissioned bodies entrusted with citizenship matters are authorized to disclose to each other and to the competent federal bodies all personal data that is necessary and suitable for the fulfillment of this task.

Fees

1 Cantonal and communal authorities shall levy cost-covering fees for their expenses and decisions.

2 The Municipal Council shall determine the fees for the acquisition of communal citizenship as well as other official activities within the framework of the communal naturalization procedure.

VI. Final Provisions

Transitional Provision

Applications pending at the time of the entry into force of this Act shall be assessed under the new law.

Repeal of an Enactment

With the entry into force of this law, the Law on the Acquisition and Loss of Cantonal and Municipal Citizenship of 19 February 1970 is repealed.

Referendum, Publication, Entry into Force

1 This Act is subject to a referendum in accordance with Sections 34 or 35 of the Cantonal

Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, included in the Official

Collection of Laws.

3 The Government Council is entrusted with the enforcement. It shall determine the date

of entry into force.

1 GS 23-12 with amendments of 25 September 2013 (Cantonal Council Resolution adapting to the new Cantonal Constitution, GS 23-80x) and of 17 December 2013 (Government Council Resolution adapting to the new Cantonal Constitution, GS 23-97).

2 Adopted by popular vote on 27 November 2011 with 29,384 Yes votes against 12,818 No votes (Official Gazette 2011 2502).

3 SRSZ 100.100.

4 SRSZ 152.100.

5 GS 15-716.

6 Repealed on 25 September 2013.

7 Heading, para. 1 and 3 as amended on 17 December 2013.

8 Section 11 para. 1 entered into force on 1 July 2012 and the remainder on 1 January 2013 (Official Gazette 2012 1379); amendments of 25 September 2013 entered into force on 1 January 2014 (Official Gazette 2013 2851) and of 17 December 2013 entered into force on 1 January 2014 (Official Gazette 2013 2974).