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

This Ordinance regulates the competencies and procedures for naturalizations and

establishes the requirements for acquiring cantonal and communal citizenship.

II. Competencies

Government Council

The Government Council is responsible

a) for determining the municipal citizenship of the foreigner who has been naturalized under facilitated conditions and who was mistakenly treated as a Swiss citizen (Art. 29 para. 2 NCA);

b) for the nullification of a naturalization (Art. 41 para. 2 NCA);

c) for release from Swiss citizenship (Art. 42 para. 2 NCA);

d) for determining municipal, cantonal, and Swiss citizenship (Art. 49 para. 1 NCA);

e) for filing appeals against decisions of the federal administrative authorities in citizenship matters (Art. 51 para. 2 NCA).

Department of Home Affairs

1 The Department of Home Affairs is responsible

a) for report and application to the Confederation for the granting of federal

naturalisation permits (Art. 13 et seq. BüG) as well as for re-naturalisation

(Art. 25 BüG) and facilitated naturalisation (Art. 32 BüG);

b) for receiving investigation requests from the Confederation (Art. 37 BüG) and

their forwarding to the naturalisation authority or police (§ 15 para. 2

KBüG);

c) for consenting to the annulment of a naturalisation by the federal

authority (Art. 41 para. 1 BüG);

d) for consenting to the revocation of Swiss citizenship (Art. 48 BüG);

e) for release from cantonal citizenship (§ 16 KBüG);

f) for the execution of ordinary naturalisations and for the notification

procedure in citizenship cases.

2 It also makes all other arrangements that are necessary for the implementation of federal and cantonal law.

Naturalization Authorities

The naturalization authorities may commission the police to prepare investigation reports.

III. Ordinary Naturalization

A. Substantive Requirements

German Language Skills

1 The applicant must possess at least written German language skills at reference level B1 and spoken German language skills at reference level B2 of the Common European Framework of Reference for Languages of the Council of Europe.

2 The proof of sufficient German language skills, to be provided at the applicant's own expense, is satisfied if the applicant

a) is a native German speaker;

b) has attended school at primary or upper secondary level in German in Switzerland for at least seven years and submits confirmation of school attendance;

c) holds a diploma from a secondary school, university of applied sciences, or university in a German-speaking country and in German; or

d) holds a language diploma that expressly certifies German language skills at the required reference level.

Basic Social and Political Knowledge

1. Applicants must possess basic knowledge of the social and political conditions in Switzerland, in the Canton of Schwyz, and in the municipality. This includes basic knowledge particularly in the areas of

a) history and geography;

b) democracy and federalism;

c) political rights;

d) social security;

e) schooling and education.

2. The naturalisation authority assesses the basic knowledge during the personal interview or requires the applicant to take an examination on basic knowledge, at their own expense, at an educational institution recognised by the Department of Home Affairs.

Financial Circumstances

1 Orderly financial circumstances exist at the time the application is submitted if

a) the debt collection register for the last five years shows no entries of loss

certificates and debt collections;

b) all due tax claims have been paid;

c) no economic assistance under the Social Welfare Act has been received in

the last five years and any economic assistance received in the five years

prior to that has been fully repaid; and

d) living costs and maintenance obligations are covered by income, assets, and

legal claims against third parties.

2 Orderly financial circumstances must be maintained throughout the entire

naturalization procedure.

Reputation

1 An impeccable reputation is possessed by anyone who has correctly fulfilled their legal, social, and ethical obligations for an extended period.

2 An impeccable criminal record exists at the time the application is submitted if

a) the criminal record extract for private individuals shows no entries;

b) the applicant has not been convicted of a felony, misdemeanor, or infraction with a fine exceeding CHF 1000.-- within the last five years prior to submitting the application; and

c) no criminal proceedings are pending against the applicant.

3 An impeccable reputation must be maintained throughout the entire naturalization procedure.

Charter

1 Every adult applicant must sign a charter with the following content

"I recognise the democratic and rule-of-law based fundamental order of Switzerland and the fundamental values of the Swiss Federal Constitution, such as human dignity, equality before the law and equal rights for men and women, freedom of expression and personal liberty of every person, as well as the state's monopoly on the use of force.

I will abide by the laws of the Confederation, canton, and municipality, know my rights as a citizen, and will conscientiously fulfil all the duties of a citizen."

2 The naturalisation authority determines whether the charter is to be submitted signed together with the application or whether the signing will take place only at the personal hearing.

Exceptions

1 Minors and persons with a mental or intellectual disability must fulfil the

requirements according to their abilities.

2 The naturalisation authorities may deviate from the material requirements

in individual cases if extraordinary factual or personal circumstances exist,

particularly with consideration for the age and health of the applicant.

3 For persons with Swiss citizenship who apply for naturalisation in a Schwyz

municipality, the naturalisation authority determines which proofs can be

waived.

B. Formal Requirements

Application

1 The application for naturalisation must be submitted on the official form, together

with the required documents, to the naturalisation authority of the municipality of

residence.

2 The naturalisation authority shall send a copy of the form to the Department of the

Interior.

3 A joint application for naturalisation may be submitted by

a) married couples;

b) persons in a registered partnership;

c) parents with their minor children.

Documents

1 The application must be accompanied, in particular, by the following current documents

a) Civil status documents regarding birth, gender, name, parentage, and civil status;

b) Curriculum vitae with a list of places of residence, schools attended, and workplaces in Switzerland;

c) Where applicable, family certificate or certificate of registered civil status or civil status certificate;

d) Certificates of residence for the last twelve years;

e) Copies of the permanent residence permit (C permit) and passport;

f) Extract from the debt enforcement register;

g) Certificates from the tax authorities and social welfare authorities;

h) Extract from the Swiss criminal register and declaration concerning pending criminal proceedings;

i) Proof of sufficient German language skills;

j) Details of reference persons;

k) Signed charter, unless the signing takes place at the personal hearing;

l) Proof of basic social and political knowledge, unless this is assessed at the personal hearing.

2 Application attachments that are not in German must be supplemented with an officially certified translation.

3 Changes in personal and family status, name, citizenship, and address, as well as births and deaths in the family, that occur after the submission of the application must be reported to the naturalization authority without delay.

### Publication

1. Within three months of receiving the complete application, it must be published in the Official Gazette and in the customary local manner.

2. If the requirements of § 7 para. 2 KBüG are not met, the naturalization authority, or in cases where the municipal assembly is competent, the municipal council, shall not consider the application without publication.

3. A decision not to entertain the application may be challenged before the Administrative Court within 20 days in accordance with the Administrative Justice Act of June 6, 1974.

Hearing

1 Every applicant shall be heard in person by the naturalisation authority or a delegation thereof. Children under the age of 12 are exempt from this.

2 Received objections and remarks shall be disclosed to the applicant in anonymised form, provided they are not manifestly unfounded, bear no relation whatsoever to the specific application, or obviously violate the applicant’s personality rights.

3 The applicant may comment thereon orally at the hearing or in writing subsequently.

Civil Status Register

1. If the applicant is not yet registered in the Swiss civil status register "Infostar", they shall register with the competent civil status office during the communal naturalization procedure.

2. The naturalization authority shall coordinate the registration with the competent civil status office and the applicant.

**C. Conclusion of the Procedure**

Procedure

1. After the communal citizenship has been granted with legal force, the naturalization authority transmits the naturalization files to the Department of Home Affairs.

2. The Department, after reviewing the files, forwards them to the Federal Office for Migration for the granting of the federal naturalization permit.

3. After the federal naturalization permit has been granted, the Government Council submits a proposal to the Cantonal Council for the granting of cantonal citizenship.

Certificate of Citizenship

Upon the legal validity of naturalization, the Government Council issues a Certificate of Citizenship to the new citizen.

**IV. Further Citizenship Procedures**

Re-naturalization and facilitated naturalization

Applications for re-naturalization or facilitated naturalization must be submitted on the official form to the Federal Office for Migration.

Relinquishment of Citizenship Rights

1 Applications for release from cantonal and communal citizenship rights are to be submitted to the Department of Home Affairs.

2 It [the Department] determines the documents to be submitted.

**V. Fees**

1 To the extent that the Fee Ordinance for Administration and the Administration of Justice in the Canton of Schwyz of January 20, 1975 is not applicable to the fee-based services of the cantonal authorities, the following fees shall be levied, depending on the amount of work involved

a) ordinary naturalization single persons CHF 100.-- to 500.--

b) ordinary naturalization married couples,

registered partnerships and families CHF 100.-- to 1,000.--

c) naturalization of Swiss nationals half of the maximum fees

d) release from citizenship CHF 100.-- to 500.--

e) other citizenship procedures or processes CHF 100.-- to 500.--

2 The maximum rates of these fees may be exceeded by up to 100% if the processing of an application requires an above-average amount of work.

3 The fee ordinance for the communal naturalization procedure issued by the municipal council requires approval by the Government Council.

VI. Transitional and Final Provisions

Transitional Provision

1 For applicants who, at the time of the entry into force of this Ordinance, possess the

federal naturalization permit, the naturalization procedure shall, subject to Sections 7 and 8, be continued under previous law.

2 The new law applies to jurisdiction and appeal proceedings.

Abolition of Earlier Law

With the entry into force of this Ordinance, the following are repealed

a) Enforcement Ordinance to the Federal and Cantonal Act on the Acquisition

and Loss of Citizenship of 7 December 1970;

b) Government Council Resolution concerning the Oath or Solemn Affirmation

of New Citizens of 5 June 1943;

c) Ordinance on Provisional Regulations for the Granting of Municipal

Citizenship of 26 August 2003.

Entry into force

1 This Ordinance enters into force on 1 January 2013.12

2 It shall be published in the Official Gazette and included in the Collection of Laws.

1 GS 23-36 with amendments of 17 December 2013 (RRB adaptation to new cantonal constitution, GS 23-97) and of 11 June 2014 (GS 24-13).

2 SR 141.0.

3 SRSZ 110.100.

4 Para. 2 in the version of and Para. 3 repealed on 11 June 2014.

5 Para. 2 in the version of and Para. 3 newly inserted on 11 June 2014.

6 Para. 3 in the version of 17 December 2013; Para. 2 in the version of 11 June 2014.

7 SRSZ 234.110.

8 SRSZ 173.111.

9 GS 15-825; SRSZ 110.111.

10 GS 12-324; SRSZ 110.112.

11 GS 20-409; SRSZ 110.113.

12 Abl 2012 1386; amendments of 17 December 2013 entered into force on 1 January 2014 (Abl 2013 2974) and of 11 June 2014 entered into force on 1 July 2014 (Abl 2014 1682).