Facilitated Naturalisation in Switzerland: Detailed Conditions

Facilitated Naturalisation in Switzerland

Facilitated naturalisation is a simplified procedure for acquiring Swiss nationality, reserved for certain categories of persons with close ties to Switzerland. It differs from ordinary naturalisation through less strict conditions and a faster procedure, managed at the federal level.

Legal Basis (Art. 20-24 SCA)

The Swiss Citizenship Act (SCA) governs facilitated naturalisation in art. 20 to 24. The main categories of beneficiaries are:

1. The foreign spouse of a Swiss citizen (art. 21 SCA)
2. The child of a parent who has acquired Swiss nationality (art. 24 SCA)
3. The foreign child of a Swiss father not married to the mother (art. 24 SCA)
4. The third-generation foreigner (art. 26 SCA)

Naturalisation of the Spouse (Art. 21 SCA)

Art. 21 SCA sets the conditions for the foreign spouse of a Swiss citizen:

1. Residence in Switzerland: having resided in Switzerland for a total of five years, including the year preceding the application
2. Conjugal life: having lived for three years in conjugal union with the Swiss spouse
3. Meeting the material integration conditions of art. 12 SCA

The five-year residence period is calculated cumulatively: previous stays count, provided the year preceding the application is uninterrupted. The couple must live in an effective joint household; a de facto separation interrupts the three-year period.

Material Integration Conditions (Art. 12 SCA)

Art. 12 SCA sets out the integration conditions applicable to all forms of naturalisation:

1. Successful integration: participation in economic life or acquisition of education
2. Language skills: proficiency in a national language at oral level (B1) and written level (A2) minimum
3. Respect for the legal order: absence of criminal convictions incompatible with naturalisation
4. No threat to security: not compromising the internal or external security of Switzerland
5. Respect for constitutional values: adherence to the fundamental principles of the Constitution

The State Secretariat for Migration (SEM) assesses these conditions during a personal interview and on the basis of the file.

Naturalisation of Third-Generation Foreigners (Art. 26 SCA)

Art. 26 SCA, which came into force on 15 February 2018, allows the facilitated naturalisation of foreigners born in Switzerland of whom at least one grandparent acquired a right of residence there and at least one parent resided there for at least ten years and completed compulsory schooling there.

The cumulative conditions are:

1. Being born in Switzerland
2. Holding a permanent residence permit (C permit)
3. Having completed at least five years of compulsory schooling in Switzerland
4. Having at least one grandparent who held a Swiss residence permit or whose birth in Switzerland is attested
5. Having at least one parent who resided ten years in Switzerland and completed five years of compulsory schooling there

The application must be filed before the age of 25. This age limit is strict and admits no exceptions.

The Procedure

The facilitated naturalisation procedure takes place at the federal level:

1. Filing the application with the SEM together with all supporting documents
2. Investigation: verification of formal and material conditions by the SEM
3. Cantonal consultation: the canton of residence is consulted and may issue an opinion
4. Interview: a personal interview may be arranged to assess integration
5. Decision: the SEM renders its decision. If accepted, the candidate acquires Swiss nationality, as well as the cantonal and municipal citizenship of the Swiss spouse (art. 21 para. 3 SCA)

The processing time is generally 12 to 18 months. Federal fees amount to approximately CHF 500-800 for adults.

Remedies

In case of refusal, the candidate may appeal to the Federal Administrative Court within 30 days. The appeal may concern questions of fact (assessment of integration) and of law (interpretation of legal conditions).