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141.1 KBüG CH-TG

Act on Cantonal and Communal Citizenship (KBüG) - Scope (KBüG)

31 Articles / Provisions · Canton of Thurgau · Cantonal Legislation
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Table of Provisions (31)

Statutory Text (31 Provisions)

General Provisions

1. This law regulates the acquisition of cantonal and municipal citizenship rights as well as the release from cantonal and municipal citizenship rights, insofar as the federal government has not made a final regulation.

General Provisions

1. The political municipality is the holder of the municipal citizenship right.

2. The cantonal citizenship right is based on the citizenship of a municipality in the canton of Thurgau and confers effect to Swiss citizenship.

Acquisition of Citizenship - Acquisition by Ordinary Naturalization

1. Swiss citizens who live in orderly personal and financial circumstances may apply for admission to municipal citizenship if they have resided in the political municipality for at least two consecutive years at the time of submitting the application.

2. If a person cannot meet the requirements of paragraph 1 due to a disability, illness, or other significant personal circumstances, or can only do so under difficult conditions, their situation must be given appropriate consideration.

**Acquisition of Citizenship - Acquisition through Ordinary Naturalization**

1. Foreign nationals possessing a permanent residence permit may apply for admission to municipal citizenship if, at the time of submitting the application, they have resided without interruption in the political municipality for at least three years and have lived in the canton for a total of at least five years.

Acquisition of Citizenship - Acquisition by Ordinary Naturalization

1. The naturalization of a foreign national requires that she or he is suitable for it.

2. This particularly requires that the foreign national

1. is successfully integrated into the local, cantonal, and Swiss circumstances;

2. is familiar with the local, cantonal, and Swiss living conditions;

3. does not pose a threat to the internal or external security of Switzerland;

4. demonstrates orderly personal and financial circumstances.

Acquisition of Citizenship - Acquisition through Ordinary Naturalization

1. Successful integration particularly requires

1. observing public safety and order;

2. respecting the legal system;

3. the ability to communicate in everyday life, both orally and in writing, in the German language with authorities and the local population;

4. secured participation in economic life or in the acquisition of education;

5. the promotion and support of the integration of the wife or husband, the registered partner, or the minor children for whom parental care is exercised.

2. German language skills are proven by a test unless they are evidently present. Oral language skills are required at least at reference level B2, and written language skills at least at reference level B1 of the generally recognized European framework for languages. The government council determines the requirements for secured participation in economic life or in the acquisition of education through regulation. Knowledge of local, cantonal, and Swiss living conditions is demonstrated by a test or in conversation, unless it is evidently present.

3. If a person is unable to meet the integration criteria of paragraph 1, items 3 and 4, due to a disability, illness, or other significant personal circumstances, their situation must be appropriately taken into account.

Acquisition of Citizenship - Procedure - Granting of Municipal Citizenship

1. The application for naturalization must be submitted to the Political Municipality with the required documents.

2. For cantonal citizens, the Political Municipality has the final decision on granting municipal citizenship.

Acquisition of Citizenship - Procedure - Granting of Municipal Citizenship

1. The application for naturalization must be submitted with the required documents to the competent cantonal office.

2. This office forwards the application to the competent Political Municipality if the settlement permit is available, the residence requirements are met, there are no pending criminal proceedings, the criteria concerning the maintenance of public safety and order are fulfilled, and the required language competencies are present.

3. If it is evident that not all requirements are met, the office provides the opportunity to withdraw or adjust the application. If the applicant insists on the original application, it is forwarded to the Political Municipality for further processing, accompanied by a commentary.

Acquisition of Citizenship - Procedure - Granting of Municipal Citizenship

1. The political municipality conducts the investigations necessary to assess the prerequisites for naturalization upon receipt of the application, and decides on the granting of municipal citizenship.

2. The decision concerning the granting of municipal citizenship and other tasks related to the naturalization process can be assigned by the municipal regulations to the municipal assembly, the municipal parliament, the municipal authority, or a naturalization commission.

Acquisition of Citizenship - Procedure - Granting of Municipal Citizenship

1. The rejection of a naturalization application must be justified.

2. A naturalization application can only be rejected if a corresponding motion has been filed and reasons for it have subsequently been provided.

3. If, according to the municipal code, the municipal assembly is responsible for granting the municipal citizenship, an unsubstantiated motion submitted before the assembly is also considered a justified motion if a discussion about the naturalization application takes place in the municipal assembly, the reasons for rejection emerge from it, and these are recorded in the minutes.

Acquisition of Citizenship - Procedure - Granting of Municipal Citizenship

1. If the decision for naturalization has been made by the Political Municipality, the previous jurisdiction remains in effect even if the individual moves to another municipality or another canton. The competent authority at the new place of residence conducts further inquiries necessary for the basis of the naturalization decision.

2. The procedure becomes irrelevant if the residence is relocated abroad.

Acquisition of Citizenship - Procedure - Federal Naturalization Approval

1. The political municipality forwards the naturalization decision to the competent authority.

2. This authority conducts the cantonal examination and forwards the naturalization decision with the cantonal recommendation for naturalization to the competent federal office for the issuance of federal naturalization approval.

**Acquisition of Citizenship - Procedure - Granting of Cantonal Citizenship**

1. The Grand Council grants cantonal citizenship after the municipal citizenship has been conferred and the federal naturalization approval is in place.

**Acquisition of Citizenship - Procedure - Granting of Cantonal Citizenship**

1. The competent authority shall, if necessary, conduct additional inquiries. The responsible department reviews the application and submits a proposal to the Grand Council.

2. Upon the granting of cantonal citizenship, municipal citizenship and Swiss citizenship become legally effective.

**Acquisition of Citizenship - Procedure - Other Acquisition**

1. Persons who have rendered special services to the public or the common good may be awarded honorary cantonal and municipal citizenship.

Acquisition of Citizenship - Procedure - Other Acquisition

1. Granting of Honorary Citizenship does not require the fulfillment of cantonal and municipal residency requirements.

**Acquisition of Citizenship - Procedure - Other Acquisition**

1. The honorary citizenship has the same effects as the citizenship obtained through naturalization in the ordinary procedure.

2. Foreign nationals require an additional federal naturalization permit to obtain Swiss citizenship.

3. The honorary citizenship is granted exclusively to the person to whom it is awarded.

Acquisition of Citizenship - Procedure - Other Acquisition

1. The foundling acquires the citizenship of the political municipality within whose territory it was found.

Cantonal Surveys for the Confederation

1. The competent authority conducts the necessary investigations and provides a statement to the Confederation in the procedures concerning facilitated naturalization, re-naturalization, annulment, or revocation of Swiss citizenship.

Renunciation of Citizenship Rights

1. The competent department decides on the application for release from Swiss citizenship.

2. The release is granted if the applicant does not have residence in Switzerland and possesses another nationality or has been assured of obtaining one.

Renunciation of Citizenship Rights

1. The competent department shall decide on the application for release from cantonal or municipal citizenship.

2. The release shall be granted if the applicant possesses or has been assured of obtaining another cantonal or municipal citizenship.

Determination Procedure

1. When it is in question whether a person possesses Swiss citizenship or cantonal citizenship, the competent department shall decide the matter.

Nullification of Citizenship

1. Concerning the Nullity of the Ordinary Naturalization of Foreign Nationals According to Federal Law, the Competent Department Decides.

**Common Provisions**

1. Each spouse and each person in a registered partnership is entitled to independently submit an application for naturalization or release from citizenship.

**Common Provisions**

1. In the naturalization or release from citizenship, the minor children of the applicant are generally included if they live with the applicant.

2. For children from the age of 12, the requirements under § 5 and § 6 are to be independently and appropriately assessed according to their age.

3. From the age of 16, minor children must also declare in writing their own will to acquire Swiss, cantonal, or municipal citizenship. This also applies to the release from Swiss, cantonal, or municipal citizenship.

**Common Provisions**

1. Minor children from the age of 16 and persons under comprehensive guardianship may submit the application for naturalization through their legal representative.

2. The application must also be signed by the applicant who is capable of judgment. For persons under comprehensive guardianship, the consent of the Child and Adult Protection Authority is required.

**Common Provisions**

**1. Applicants are obligated to cooperate in determining the facts relevant to the application of this law. They must in particular:**

1. provide accurate and complete information regarding the facts essential for naturalization;

2. promptly notify the competent authority of any subsequent changes in circumstances that they should know would impede naturalization;

3. provide accurate and complete information regarding the facts essential for naturalization in nullity proceedings;

4. complete and submit the German language proficiency test pursuant to § 6(2) if not evidently present and not waived;

5. complete and submit the test on knowledge of local, cantonal, and Swiss living conditions pursuant to § 6(2) if not evidently present and if required;

6. procure and provide evidence of disability, illness, or other significant personal circumstances pursuant to § 6(3).

**Common Provisions**

**1. The cantonal and municipal authorities may process data for the fulfillment of their tasks under this law, including personality profiles and particularly protected data concerning:**

1. religious and philosophical views;

2. political activities;

3. health;

4. fulfillment of family law maintenance obligations;

5. school behavior;

6. workplace behavior;

7. social welfare measures including alimony advancement and arrears in health insurance premiums;

8. debt enforcement and bankruptcy proceedings;

9. outstanding taxes and tax penalties;

10. administrative and criminal procedures and measures.

**2. Cantonal and municipal authorities as well as third parties are entitled and obliged to provide the necessary information for this purpose.**

**3. Cantonal and municipal authorities are obliged to inform the office or the department of any indications that may lead to the nullification of naturalization.**

**Common Provisions**

1. The canton and the municipalities levy fees that cover the costs for their expenditures and decisions.

**Common Provisions**

1. Appeals against decisions of the Grand Council can be filed with the Administrative Court.

Transitional Provision

1. Applications pending at the time this law comes into effect shall be processed according to the provisions of the previous law.

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