Facilitated Naturalisation Switzerland: Marriage, Third Generation, Children

1. What is facilitated naturalisation?

Facilitated naturalisation is a separate procedure in the Swiss Citizenship Act (SCA), distinct from ordinary naturalisation. The SEM decides on applications for facilitated naturalisation. Before approving, it consults the canton (Art. 25 para. 1 SCA). If you live in Switzerland, you submit the application to the SEM. If you live abroad, you submit it to the Swiss representation abroad (Art. 14 and 15 SCO). The SEM instructs the competent cantonal authority to carry out the necessary enquiries (Art. 14 para. 2 SCO).

For ordinary naturalisation, by contrast, the law requires that you hold a settlement permit when you apply and have lived in Switzerland for a total of ten years, three of them in the last five years before the application (Art. 9 para. 1 SCA). For facilitated naturalisation under Art. 21 SCA, the law does not name a settlement permit as a requirement. Instead, the respective time periods are required (for example five years of residence and three years of marital union).

Even in facilitated naturalisation, you must meet the integration criteria under Art. 12 para. 1 and 2 SCA and must not endanger the internal or external security of Switzerland (Art. 20 para. 1 and 2 SCA). For persons not resident in Switzerland, these requirements apply by analogy (Art. 20 para. 3 SCA).

Legal basis: SCA SR 141.0, Art. 9 para. 1, Art. 20, Art. 25 para. 1; SCO SR 141.01, Art. 14 and 15

2. Spouse of a Swiss citizen

Anyone who holds a foreign nationality and is married to a Swiss citizen can apply for facilitated naturalisation after the marriage (Art. 21 SCA).

If you are resident in Switzerland, the following applies: you have lived in a marital union for three years and have resided in Switzerland for a total of five years, one of them immediately before the application is submitted (Art. 21 para. 1 SCA).

Anyone who lives or has lived abroad can also apply if the marital union has existed for six years and there is a close connection with Switzerland (Art. 21 para. 2 SCA). A person is closely connected if, within the last six years before the application, they have stayed in Switzerland at least three times for at least five days each, can communicate orally in a national language in everyday life, have basic knowledge of the geographical, historical, political and social conditions in Switzerland, and maintain contacts with Swiss citizens. Reference persons resident in Switzerland must confirm the stays and the contacts (Art. 11 SCO).

Marital union means: the marriage exists formally and there is an actual shared life in which the common will to a stable marital union is intact. Separate places of residence are possible if important reasons are given for them and the marital union continues. The marital union must exist when the application is submitted and at the time of naturalisation (Art. 10 SCO).

The application is also possible if the spouse acquired Swiss citizenship only after the marriage, through reinstatement or through facilitated naturalisation based on descent from a Swiss parent (Art. 21 para. 3 SCA). According to the SEM, however, facilitated naturalisation is excluded if both spouses were foreign nationals at the time of the marriage and the present Swiss spouse was ordinarily naturalised after the marriage, or if the Swiss spouse has already died when the application is submitted.

Registered partnership: Art. 21 SCA mentions only marriage. According to the SEM FAQ, facilitated naturalisation is open only to married couples. Anyone in a registered partnership with a Swiss citizen can apply for ordinary naturalisation, with a shortened period of residence: a total of five years of residence in Switzerland, one of them immediately before the application, and three years of registered partnership (Art. 10 para. 1 SCA). For this, the SEM additionally names a settlement permit (Art. 9 para. 1 let. a SCA).

Legal basis: SCA SR 141.0, Art. 9 para. 1 let. a, Art. 10 para. 1, Art. 21 para. 1 to 3; SCO SR 141.01, Art. 10 and Art. 11

3. Third generation of foreign nationals

A child of foreign parents can be granted facilitated naturalisation on application if all of these requirements are met (Art. 24a para. 1 SCA): At least one grandparent was born in Switzerland or it is made credible that they acquired a right of residence. At least one parent has acquired a settlement permit, has resided in Switzerland for at least ten years and has attended compulsory school in Switzerland for at least five years. The child was born in Switzerland, holds a settlement permit and has attended compulsory school in Switzerland for at least five years.

Age limit: the application must be submitted before the age of 25 is completed (Art. 24a para. 2 SCA). The SEM writes: before the 25th birthday.

A grandparent's right of residence includes in particular a residence or settlement permit, provisional admission, a legitimation card issued by the FDFA, or a residence permit with gainful employment (Art. 15a SCO). To make it credible, extracts from the residents' register, from the SEM's ZEMIS or from cantonal migration information systems are suitable, among others (Art. 15b SCO). In addition, the person must be successfully integrated (Art. 20 para. 1 SCA). The SEM is responsible for this naturalisation. The naturalised child acquires the citizenship of the municipality and canton of residence (Art. 24a para. 3 SCA).

Legal basis: SCA SR 141.0, Art. 20 para. 1, Art. 24a; SCO SR 141.01, Art. 15a and 15b

4. Children of a naturalised parent and stateless children

Child of a naturalised parent (Art. 24 SCA): A foreign child who was a minor when a parent's naturalisation application was submitted and was not included in the naturalisation can apply for facilitated naturalisation before turning 22. The child must prove a total of five years of residence in Switzerland, three of them immediately before the application. The naturalised child acquires the citizenship of the Swiss parent (Art. 24 para. 2 SCA).

As a rule, minor children who live with the applicant are included directly in the naturalisation. For children aged 12 and over, the requirements are assessed independently and in an age-appropriate way (Art. 30 SCA). From the age of 16, a minor child must also declare in writing their will to acquire Swiss citizenship, and the legal representative submits the application (Art. 31 SCA).

Stateless child (Art. 23 SCA): A stateless minor child can apply if they prove a total of five years of residence in Switzerland, one of them immediately before the application. Any residence in accordance with the provisions of foreign nationals law is counted (Art. 23 para. 2 SCA). According to the SEM, it only considers the application if an official document recognising statelessness is available. Stateless adults cannot submit an application for facilitated naturalisation. The provisions on ordinary naturalisation apply to them.

Legal basis: SCA SR 141.0, Art. 23, Art. 24, Art. 30, Art. 31

5. Integration, language, fees and procedure

Integration criteria: In facilitated naturalisation, the criteria under Art. 12 para. 1 and 2 SCA must be met (Art. 20 para. 1 SCA). Successful integration is shown in particular by compliance with public security and order, respect for the values of the Federal Constitution, the ability to communicate in a national language in everyday life, orally and in writing, participation in economic life or in acquiring education, and the promotion of the integration of family members (Art. 12 para. 1 SCA). Anyone who receives social assistance in the three years immediately before the application or during the procedure does not meet the criterion of participation in economic life or in acquiring education, unless the social assistance is repaid in full (Art. 7 para. 3 SCO). In the case of disability, illness or other serious personal circumstances, the situation must be taken into account appropriately (Art. 12 para. 2 SCA, Art. 9 SCO).

Language: oral language skills at least at level B1 and written skills at least at level A2 in a national language are required (Art. 6 para. 1 SCO, which expressly also refers to Art. 20 para. 1 SCA). The proof is considered provided if you speak and write a national language as your mother tongue, have attended compulsory school in a national language for at least five years, have completed upper secondary or tertiary education in a national language, or present a recognised language certificate (Art. 6 para. 2 SCO). Anyone living abroad must be able to communicate orally in a national language in everyday life (Art. 11 para. 1 let. b SCO).

SEM fees (Art. 25 SCO): CHF 500 for the decision on facilitated naturalisation under Art. 21 SCA (spouses). CHF 500 for decisions on other facilitated naturalisations of persons who are adults when the application is submitted, and CHF 250 for minors. For minor children who are included in a parent's naturalisation, the SEM charges no fee. In addition, the SEM charges, for the benefit of the cantonal authority, at most CHF 400 for the enquiry report depending on the workload, and CHF 100 for checking the civil status of persons living abroad. For spouses resident in Switzerland, the SEM names a total of CHF 900, and for those resident abroad CHF 600. The fees are charged in advance (Art. 27 SCO), can be increased up to double or reduced by up to half if the effort deviates considerably from the average (Art. 28 SCO), and according to the SEM are not refunded if the application is rejected. Swiss representations abroad charge their own fees for their services (Art. 26 SCO).

Procedure and duration: The SEM checks the application for completeness and instructs the cantonal authority to carry out enquiries (Art. 14 SCO). The enquiry report is, as a rule, sent to the SEM within twelve months (Art. 22 SCO). The SEM, as a rule, decides within twelve months of receiving the enquiry report (Art. 23 para. 2 SCO). According to the SEM, a change of residence within Switzerland, a move abroad or a move from abroad to Switzerland can prolong the procedure.

Legal basis: SCA SR 141.0, Art. 12, Art. 20; SCO SR 141.01, Art. 6, 7, 9, 11, 14, 22, 23, 25 to 28

6. Distinction: reinstatement of citizenship

Reinstatement of citizenship is a separate route for people who previously held Swiss citizenship. Anyone who has lost it can apply within ten years (Art. 27 para. 1 SCA). After this period has expired, anyone who has resided in Switzerland for three years can apply for reinstatement (Art. 27 para. 2 SCA). The SEM requires a stable and lasting residence in accordance with foreign nationals law. Depending on the place of residence, successful integration or a close connection with Switzerland, compliance with public security and order, respect for the values of the Federal Constitution and no threat to the security of Switzerland are required (Art. 26 SCA). The SEM decides (Art. 29 SCA). According to the SEM, reinstatement is only possible if citizenship was previously lost through forfeiture, release or marriage to a foreign national. The SEM fee for reinstatement of adults is CHF 500 (Art. 25 para. 1 let. c SCO). Together with the fees for the benefit of the cantonal authority, the SEM names a total of CHF 900 for adults resident in Switzerland and CHF 600 for those resident abroad.

Legal basis: SCA SR 141.0, Art. 26, 27, 29; SCO SR 141.01, Art. 25 para. 1 let. c