Swiss citizenship under the SCA: ordinary naturalisation with a C permit and ten years of residence, facilitated naturalisation, procedure and deadlines.
Swiss citizenship has three tiers. Whoever is naturalised acquires the citizenship of a municipality, of a canton and of the Confederation at the same time. These levels determine which authority conducts which part of the procedure and where an application can fail. The Confederation sets the minimum requirements in the Swiss Citizenship Act (SCA, SR 141.0); cantons and municipalities may go beyond them, but not below.
The Act provides two routes. Ordinary naturalisation under Art. 9 ff. SCA is the standard procedure for persons with long-term residence and a C settlement permit; it runs through municipality, canton and Confederation. Facilitated naturalisation under Art. 21 ff. SCA is the exception for conclusively defined cases, notably spouses of Swiss nationals, registered partnerships and the third generation of foreign nationals; here the State Secretariat for Migration (SEM) decides.
Alongside the SCA apply the Citizenship Ordinance (SR 141.01) with the language requirement and the federal fees, cantonal law, and — for the counting of earlier residence titles — the Foreign Nationals and Integration Act (FNIA, SR 142.20).
One point at the outset: in citizenship matters there is no privileged treatment under the Agreement on the Free Movement of Persons. EU and EFTA nationals are treated like everyone else; relief follows from the SCA alone, never from nationality.
Who can be naturalised
Ordinary naturalisation under Art. 9 SCA is open to persons who hold a C settlement permit when they apply and who meet the residence requirement. Facilitated naturalisation is limited to the following cases:
- Spouses of Swiss nationals (Art. 21 SCA): para. 1 requires a marital union of three years and a total of five years of residence in Switzerland, including one year immediately preceding the application. For applicants resident abroad para. 2 applies: six years of marital union and close ties with Switzerland. Under para. 4 the cantonal and communal citizenship of the Swiss spouse is acquired.
- Registered partnership with a Swiss national (Art. 10 SCA): five years of residence, including one year immediately preceding the application, and a registered partnership of three years.
- Third generation of foreign nationals (Art. 24a SCA): one grandparent was born in Switzerland or a right of residence is credibly shown; one parent has acquired the C settlement permit, lived in Switzerland for at least ten years and attended compulsory school here for at least five years; the child was born in Switzerland, holds the C settlement permit and attended compulsory school here for at least five years. Under para. 2 the application must be filed before the completed 25th year of age; the deadline cannot be made up later.
Anyone outside these cases is confined to ordinary naturalisation, irrespective of nationality.
Requirements in detail
The formal requirements are set out in Art. 9 SCA: a C settlement permit at the time of application and a total of ten years of residence in Switzerland, three of which must fall within the five years preceding the application. Under para. 2 the time between the completed eighth and the completed eighteenth year of age counts double; actual residence must nevertheless amount to at least six years.
The substantive requirements appear in Art. 11 SCA: successful integration, familiarity with Swiss living conditions and no danger to internal or external security. Art. 3 of the Citizenship Ordinance defines that danger through terrorism, violent extremism, organised crime and prohibited intelligence activity.
The integration criteria of Art. 12 SCA are cumulative: respect for public safety and order, respect for the values of the Federal Constitution, the ability to communicate in everyday life in speech and writing in a national language, participation in economic life or in acquiring an education, and encouragement of the integration of the spouse and minor children. Under para. 3 the cantons may add further criteria — this is where the greatest cantonal differences arise.
The language requirement is governed by Art. 6 of the Citizenship Ordinance: at least level B1 orally and at least level A2 in writing in a national language. It is deemed met, among other cases, where a national language is the mother tongue, after at least five years of compulsory schooling in a national language, or with a recognised language certificate.
Familiarity with Swiss living conditions is described in Art. 2 of the Citizenship Ordinance: basic knowledge of geographical, historical, political and social conditions, participation in social and cultural life, contacts with Swiss nationals; under para. 2 the cantons may provide for a test. The cantonal and communal residence period is two to five years under Art. 18 SCA; a move shortly before filing can delay the procedure considerably.
Counting of residence is governed by Art. 33 SCA. Time on a residence or settlement permit counts in full, as does time on an FDFA legitimation card; temporary admission (F permit) counts only by half. Short absences with the intention to return do not interrupt residence; residence counts as given up on deregistration or where the person actually lives abroad for more than six months.
Protection status S is not listed in Art. 33 para. 1 SCA as a residence title that can be counted. On the wording of that provision, time on an S permit is not credited; only residence on a residence permit granted under Art. 74 para. 2 of the Asylum Act counts.
The procedure step by step
- The municipality or the authority designated by the canton receives the application; under Art. 13 SCA the canton determines the filing office.
- Municipality and canton examine the residence period, the language requirement, familiarity with living conditions and additional criteria under Art. 12 para. 3 SCA. In many cantons an interview and a test form part of this stage.
- The cantonal authority forwards the application to the Confederation once its examination is complete.
- The SEM grants the federal naturalisation authorisation under Art. 13 SCA and transmits it to the cantonal authority, examining the requirements of Art. 11 and Art. 12 SCA.
- The canton decides under Art. 14 SCA within one year of the federal authorisation, after which the authorisation lapses. Under Art. 15 SCA cantonal law may assign the decision to the communal assembly.
- When the decision becomes final, communal, cantonal and Swiss citizenship are acquired simultaneously.
For facilitated naturalisation the process is shorter: the application goes to the SEM, which decides under Art. 25 SCA and consults the canton before granting it. The substantive requirements follow from Art. 20 SCA, which refers to Art. 12 paras. 1 and 2 SCA.
Required documents
- valid passport or identity document of the home state
- permit card, and for ordinary naturalisation the C settlement permit
- residence confirmations and evidence of earlier residence titles
- language certificate under Art. 6 of the Citizenship Ordinance, or documents replacing it
- criminal record extract and, depending on the canton, a debt enforcement extract
- confirmations from the tax authority and the social services
- civil status documents; for Art. 21 SCA the marriage certificate and evidence of the marital union
- for Art. 24a SCA, evidence on grandparents, parents, place of birth and schooling in Switzerland
- certified translations of foreign-language documents where the canton requires them
Duration and costs
| Stage of the procedure | Competent body | Duration (depends on canton) | Fees |
|---|
| Cantonal and communal examination | municipality and canton | several months to over a year | cantonal and communal tariff, clearly higher than the federal fee |
| Federal authorisation, adult applicant | SEM | several months | CHF 100 (Art. 25 Ordinance) |
| Federal authorisation, spouses filing jointly | SEM | several months | CHF 150 (Art. 25 Ordinance) |
| Federal authorisation, minor applicant | SEM | several months | CHF 50 (Art. 25 Ordinance) |
| Cantonal naturalisation decision | canton, in part the communal assembly | within one year of the federal authorisation (Art. 14 SCA) | included in the cantonal tariff |
| Facilitated naturalisation under Art. 21 SCA | SEM, after consulting the canton | several months, longer where enquiries are needed | CHF 500 (Art. 25 Ordinance) |
Only the federal fees under Art. 25 of the Citizenship Ordinance are fixed by law. Cantonal and communal fees are added, are clearly higher and follow the respective tariff. The duration likewise depends on the canton and ranges from a few months to several years.
Rights and obligations
- Political rights. The right to vote and stand for election at federal level and, under cantonal and communal law, at cantonal and communal level, together with initiative and referendum.
- Unrestricted freedom of establishment. Residence and employment are no longer tied to a permit, a canton or a purpose of stay; revocation and downgrading under immigration law fall away.
- Consular protection. Entitlement to the Swiss passport and to consular protection by the Swiss representations abroad.
- Military and civilian service. Swiss men are liable for military service; those who do not perform it render civilian service or pay a substitute levy. Whether a naturalised person is still liable depends on their age at naturalisation and is governed by military legislation; the military authority gives information.
- Dual citizenship. Swiss law does not require renunciation of the previous nationality. Whether it is retained is decided solely by the state of origin, which may provide for its loss or make retention subject to authorisation.
- Annulment. Under Art. 36 SCA a naturalisation may be annulled if it was obtained by false statements or by concealment of material facts.
Common reasons for refusal
- The residence requirement of Art. 9 SCA is not met because the three years within the last five are missing or residence counts as given up under Art. 33 para. 3 SCA.
- The residence period under Art. 18 SCA has not been reached because of a move, or the language certificate under Art. 6 of the Ordinance is missing in the required form, in particular the written part.
- The integration criteria of Art. 12 SCA are not met: criminal record entries, open debt enforcement proceedings, tax arrears or social assistance.
- Familiarity under Art. 2 of the Ordinance is denied, for example after a failed cantonal test.
- The C settlement permit is not held when the application is filed, or it was downgraded under Art. 63 para. 2 FNIA.
- Under Art. 21 SCA there are doubts about the marital union; under Art. 24a SCA the application came after the completed 25th year of age.
- There are indications of a danger to security under Art. 11 let. c SCA and Art. 3 of the Ordinance.
What to do if your application is refused
The instructions on legal remedies attached to the ruling are decisive; they name the instance and the deadline. This is generally thirty days from notification, is statutory and cannot be extended.
Rulings of the SEM — refusal of the federal naturalisation authorisation or rejection of a facilitated naturalisation application — may be appealed to the Federal Administrative Court; both the finding of facts and the application of the law may be challenged.
Where the application is refused at cantonal or communal level, there is a right to reasons and to an appeal before a cantonal appeals body. The sequence of instances follows from cantonal law and regularly leads through an appeals body to the cantonal administrative court.
Before the Federal Supreme Court, an appeal in matters of public law against naturalisation decisions is excluded under Art. 83 let. b of the Federal Supreme Court Act. What remains is the subsidiary constitutional complaint, raising only constitutional rights such as arbitrariness or the right to be heard. Legal aid may be requested; how such proceedings are structured is set out in the article on challenging administrative decisions.
A fresh application is often more effective than an appeal once the ground for refusal has been remedied.
When legal advice makes sense
- Calculating the residence period under Art. 9 and Art. 33 SCA where the residence title changed, after temporary admission or after longer stays abroad.
- Observing the deadline under Art. 24a SCA, before the completed 25th year of age.
- Facilitated naturalisation under Art. 21 SCA, where the marital union is questioned or the application comes from abroad.
- Contested integration criteria under Art. 12 SCA, for example after convictions, debt enforcement proceedings or earlier social assistance.
- Appeals against negative decisions of municipality and canton and against rulings of the SEM.
- Annulment under Art. 36 SCA and questions of dual citizenship.
Sobiera Legal Consulting assists private clients in naturalisation and appeal proceedings. Fees are set according to the scope of the mandate and are recorded in writing before the mandate begins.
Related topics
Official sources
Frequently asked questions
How long must I have lived in Switzerland before I can apply for naturalisation?
For ordinary naturalisation, Art. 9 para. 1 SCA requires a C settlement permit at the time of application and a total of ten years of residence in Switzerland, three of which must fall within the five years preceding the application. In addition there is the cantonal and communal residence period, which under Art. 18 SCA is between two and five years and is set by cantonal law.
Does the time between the age of eight and eighteen count differently?
Yes. Under Art. 9 para. 2 SCA the time between the completed eighth and the completed eighteenth year of age counts double. Actual residence in Switzerland must nevertheless amount to at least six years; the double counting does not replace that minimum period.
Does time spent on an F permit or an S permit count?
Under Art. 33 para. 1 SCA, residence on a residence or settlement permit counts in full, while temporary admission (F permit) counts only by half. Protection status S is not listed in Art. 33 para. 1 SCA as a residence title that can be counted; on the wording of that provision time on an S permit is therefore not credited, and only residence on a residence permit granted under Art. 74 para. 2 of the Asylum Act counts.
What language level is required for naturalisation?
Art. 6 of the Citizenship Ordinance requires oral language skills of at least level B1 and written skills of at least level A2 in a national language. The requirement is deemed met, among other cases, where a national language is the mother tongue in speech and writing, after at least five years of compulsory schooling in a national language, with a qualification at upper secondary or tertiary level in a national language, or with a recognised language certificate.
What are the requirements for spouses of Swiss nationals?
Under Art. 21 para. 1 SCA, facilitated naturalisation requires a marital union that has existed for three years and a total of five years of residence in Switzerland, including one year immediately preceding the application. For applicants resident abroad, Art. 21 para. 2 SCA requires a marital union of six years and close ties with Switzerland.
May I keep my previous nationality?
Swiss citizenship law does not require renunciation of the previous nationality; dual citizenship is permitted under Swiss law. Whether the previous nationality is retained depends exclusively on the law of the state of origin, which may provide for its loss or make retention subject to authorisation.
Can I challenge a refusal of naturalisation?
Rulings of the SEM may be appealed to the Federal Administrative Court, as a rule within thirty days of notification. Against negative cantonal or communal naturalisation decisions there is a right to reasons and to an appeal before a cantonal appeals body. Before the Federal Supreme Court, an appeal in matters of public law against naturalisation decisions is excluded under Art. 83 let. b of the Federal Supreme Court Act; what remains is the subsidiary constitutional complaint.