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SWISS CITIZENSHIP

Why your commune plays such an important role in your bid to become Swiss?

A peculiar aspect of Switzerland’s citizenship procedure is that it goes through the federal, cantonal, and communal levels. But it is the third one that has the most say in whether foreigners can be naturalised.

Why your commune plays such an important role in your bid to become Swiss?
Complaining about cows and bells is a sure way not to get Swiss citizenship. Photo by FABRICE COFFRINI / AFP)

Meeting all the requirements for Swiss citizenship — such as length of residency, language skills, and integration — is just half the battle on the often long and winding road toward a Swiss passport.

READ ALSO: How to apply for Swiss citizenship

Even if all the criteria is fulfilled, you are not in the clear yet.

That’s because your application must be approved at the cantonal, municipal, and federal levels.

You start by applying at the naturalisation office in the canton where you live, following any specific rules that the canton may have beyond those required at the federal level (which are outlined in the link above).

If your application meets the cantonal requirements, it will be forwarded for approval to the competent federal authority, which is the State Secretariat for Migration (SEM).

Your application will then make its way back to the canton, which will leave the final decision on whether you can become Swiss up to the authorities in a village or town where you live.

Depending on whether you live in a city or a small community, this means either a municipal committee or a panel composed of local residents, will ultimately decide.

Why is this decision left to the locals?

This is due to the nature of Switzerland’s political and direct democracy structure, where people at the grass-roots level wield more power (at least in certain areas of life) than politicians sitting in Bern.

Another reason is that it is believed the local residents are in a better position to ‘judge’ whether foreigners living in their midst are integrated in community well enough to become Swiss — something that neither the cantonal nor federal authorities can ascertain.

So even if a person meets all the requirements set on cantonal and federal levels, each municipality autonomously decides on the naturalisation applications.

Under law, each commune can make its own rules on naturalisation, within the bounds of cantonal and federal legislation.

This is to say the communes play a key role in accepting or rejecting applications for Swiss citizenship, which — as a vast number of cases have shown — poses a risk of arbitrary or discriminatory decisions based on personal, rather than objective and unbiased, criteria.

(Mis)interpretation of integration

The role of local naturalisation committees is to decide whether candidates are sufficiently integrated into the life of their communities.

Integration, which includes participating in the commune’s activities, being a good neighbour, and respecting the local way of life — is very important in Switzerland and a decisive factor for naturalisation.

READ MORE: What does being ‘successfully integrated’ in Switzerland mean?

In some cases, a local police officer will invite a candidate for a chat, or visit the applicant at home to see how they live.

Or, the applicant may be asked to appear in front of several local residents who will ask questions to find out how much the foreigner knows about the community where they live and how active they are in its life.

Communal committee will examine your application. Photo by Alissa De Leva on Unsplash
 

On quite a few occasions, these questions were…questionable, as were the denied citizenship requests.

For instance:

In one well-publicised case in canton Schwyz, an Italian living in Switzerland for 30 years, saw his application for naturalisation turned down because he couldn’t answer a question about which animals live in adjacent cages in a local zoo.

And residents in a small village in canton Aargau voted against giving a Swiss passport to a Dutch woman, who had lived in Switzerland most of her life.

The reason: she repeatedly complained about the noise of cow bells in the village, the kind of behaviour which the locals found ‘annoying’ and not worthy of Swiss citizenship.

There are many more such examples, ranging from foreigners who walked around town in sweatpants, and a man who didn’t know the historic origin of the cheese dish, raclette.

Are these decisions really final?

Communal rulings can be appealed to a cantonal court, and all the way to the federal one if needed.

Sometimes the courts rule in favour of the rejected applicants.

Such was the case with the above-mentioned Dutch woman, who appealed the village’s decision to the cantonal court and won. 

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SWISS CITIZENSHIP

Can I get Swiss citizenship and then move abroad?

Most people apply for Swiss naturalisation with the intent of remaining in the country. But what happens if you choose to live abroad right after receiving your passport?

Can I get Swiss citizenship and then move abroad?

You may have a variety of reasons why you opt to move out of Switzerland after becoming a citizen.

Your decision may have to do with your work, education, family, or simply a desire to live elsewhere.

But is there a wait period before a newly-minted citizen can leav the country?

No, there isn’t.

There is no distinction between new citizens, those who had been naturalised years ago, or people who are Swiss from birth.

In the eyes of the law, they are all Swiss on equal footing.

This means you can leave the country and then return whenever you want — unless there is some compelling reason why you are not allowed to do so — for instance, if you are under criminal investigation.

In fact, an estimated 800,000 Swiss citizens — roughly 11 percent of the entire population — live abroad.

What’s more, you are not required to offer any explanations to any officials or authorities about why you choose to emigrate so quickly after becoming a Swiss citizen.

What do you have to do to leave the country?

Besides the usual steps you have to take when you relocate — like notifying your landlord and canceling your mail delivery — there are some official administrative procedures you are required to follow as well before you go.

One is de-registering from your commune of residence. 

Once you do so, you can submit the de-registration document to your health insurance company, so you can cancel your policy.

What about tax authorities?

Once you de-register from your commune, the tax office in your canton will be informed automatically of your departure.

While you will no longer be required to pay income tax in Switzerland if you are employed abroad, you will continue to be taxed on your wealth if, for instance, you own property or other assets in Switzerland.

Primary versus secondary

All of the above applies if you leave Switzerland for good.

But some people, like dual nationals for instance, may choose to spend part of the year in their countries of origin, and the other part in Switzerland.

If this is your plan, you should decide whether Switzerland or another country will be your primary legal residence (for tax purposes you can have only one primary residence, with the other counting as your secondary one).

Primary  — or tax residence — means that you live in Switzerland 30 days per year in a row while working, or 90 consecutive days if not employed. 

If you choose another country as your main base, then you don’t have to do much of anything, from the administrative perspective.

However, in case you pick Switzerland as your main residence, you are required to maintain your Swiss health insurance, be registered in a commune where you live and, of course pay income taxes here.

What if you move away from Switzerland completely but want to come back?

Regardless of whether you leave the country immediately after becoming a citizen, and even if you have been living abroad for many years, you can always, at any time, return to Switzerland.

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