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Swiss citizenship

How do your children become or remain Swiss citizens?
Simplified Naturalization of the Foreign Spouse of a Swiss
Women and Swiss Citizenship
Important Notice
How do your children become or remain Swiss citizens?

The Swiss citizenship amendment has been in effect since January 1, 2006. While the amendment makes it easier for persons of Swiss origin to acquire Swiss citizenship, the principle that Swiss citizenship is acquired by birth still holds.

Swiss Citizenship by Birth

 A citizen who is automatically Swiss by birth is:

  1. a child whose parents are married to each other and whose father or mother is a Swiss citizen.
  2. a child of a Swiss female who is not married to the father.
  3. a foreign child who is a minor and whose Swiss father is not married to the foreign mother. The child acquires Swiss citizenship  retroactively to the time of birth if the father acknowledged paternity of the child before it attained the age of majority (and thereby proved a full relationship to the child which can be entered in the Swiss registers of birth, marriage and death) or there is a paternity judgment. 

This provision applies only to children born after January 1, 2006. Children born before that date can apply for simplified naturalization (see Item 1 below).

Under the Swiss citizenship amendment, there is no longer a differentiation between “Swiss female citizens by birth, adoption and naturalization” and “Swiss female citizens by marriage.” With the repeal of the special provision for children of Swiss females who acquired Swiss citizenship by marriage to a Swiss male, those children now automatically become Swiss by birth.

Swiss Citizenship by Simplified Naturalization

  1. A child born before January 1, 2006, out of wedlock to a Swiss male and a foreign female did not automatically become Swiss. However, the child can file an application for simplified naturalization before attaining age 22 if he or she is acknowledged by the Swiss father (see the remark in Item 3 above) or there is a paternity judgment. If the child is older than age 22, he or she can file an application 
    for simplified naturalization if he or she has close ties to Switzerland.
  2. A foreign child born before July 1, 1985, whose mother was Swiss before or at the time of the child’s birth can file an application for simplified naturalization if he or she has close ties to Switzerland. Now it no longer matters how the mother became Swiss before the marriage to the foreign father (see also under “Swiss Citizenship by Birth”). Children born after July 1, 1985, whose mother acquired Swiss citizenship by origin, adoption or naturalization automatically acquired Swiss citizenship by birth at that time.
  3. A foreign child who could not become a Swiss citizen because a parent lost Swiss citizenship before the child’s birth (e.g., by a release from Swiss citizenship) can obtain simplified naturalization if he or she has close ties to Switzerland.
  4. A foreign child who was not included in a parent’s naturalization (e.g., because he or she lived abroad) can file an application for simplified naturalization before attaining age 22 if he or she has resided in Switzerland for a total of five years, including one year directly before filing the application. It is irrelevant whether the parent acquired Swiss citizenship by regular or simplified naturalization or reinstatement of citizenship.
  5. If the child is older than age 22, he or she can be naturalized only by the regular procedure, even if he or she has close ties to Switzerland.

Reinstatement of Swiss Citizenship

A foreign-born child who holds another citizenship in addition to Swiss citizenship loses Swiss citizenship if he or she was not registered with a domestic Swiss authority or a Swiss authority abroad (e.g., a Swiss representation or a Swiss civil registry) by age 22 at the latest.

If the child is older than age 22, he or she can file an application for reinstatement of citizenship within a period of ten years. If he or she has close ties to Switzerland, the application can be filed also after the deadline has expired.

Simplified Naturalization of the Foreign Spouse of a Swiss

As of January 1, 1992, under Article 28 of the Citizenship Act, Swiss men and women who marry foreigners receive equal treatment, and a foreign woman no longer automatically becomes a Swiss citizen by marrying a Swiss man. Under certain requirements, the foreign spouse of a Swiss citizen can apply for simplified naturalization at the competent Swiss representation abroad (embassy or consulate).

Legal Requirements

Article 28 of the Citizenship Act (CA) states:

  1. The foreign spouse of a Swiss who is living or has lived in a foreign country can apply for simplified naturalization if he or she:
    a) has been married to and lived with a Swiss citizen for six years and
    b) has close ties to Switzerland
  2. The applicant receives the citizenship of the canton and commune of his or her Swiss spouse Article 26 of the Citizenship Act requires by analogy that the applicant be integrated into Swiss life, that the legal system of the country of residence be respected, and that the applicant not endanger the internal or external security of Switzerland.

General Requirements

  1. Under Article 28 of the Citizenship Act, Swiss men and women who marry foreigners receive equal treatment as of January 1, 1992, and a foreign woman who marries a Swiss man no longer automatically becomes a Swiss citizen. The foreign spouse of a Swiss citizen, however, can apply for simplified naturalization at the competent Swiss representation abroad if he or she meets the legal requirements. The application should be filed at the Swiss representation located in the Swiss spouse’s place of residence. The foreign spouse must be married to and live with the Swiss spouse for six years. If the foreign spouse is divorced or separated from his or her Swiss spouse, then the foreign spouse cannot obtain simplified naturalization.
  2. The Citizenship Act also requires that the foreign spouse have close ties to Switzerland.
  3. If the foreign spouse and his or her Swiss spouse change their residence from a foreign country to Switzerland, the foreign spouse’s application can still be considered under Article 28 of the Citizenship Act.
  4. If a foreign spouse would like to obtain simplified naturalization and has children who are still minors and non- Swiss citizens living with him or her, the foreign spouse must indicate that on the form so that it can be determined whether they can be included in his or her naturalization. Please note, however, that minor children who are over age 16 can be included in a foreign spouse’s naturalization only if they give their written consent.
  5. The new Partnership Act provides for a simplified regular naturalization for registered partners. The law will presumably go into effect on January 1, 2007. After that, having a domicile in Switzerland for a total of five years, including one year directly before filing the application, is sufficient if the person has been living in a registered partnership with a Swiss man or a Swiss woman for three years.
Women and Swiss Citizenship

 

Keeping Swiss Citizenship
As of January 1, 1992, a Swiss woman who marries a foreigner no longer loses Swiss citizenship under any circumstances and no longer needs to make a statement that she would like to keep her Swiss citizenship before marrying a foreigner.

Giving Up Swiss Citizenship
A Swiss woman whose husband gives up his Swiss citizenship no longer automatically gives up her Swiss citizenship as well. In addition, she can also file her own application to relinquish her Swiss citizenship. However, it is still possible for both spouses to jointly relinquish their Swiss citizenship if they both meet the following requirements:

a. They do not reside in Switzerland, and
b. they hold another citizenship, or they have been assured of one.

Reinstatement of Swiss Citizenship
A woman who formerly held Swiss citizenship and lost her it when her husband relinquished his Swiss citizenship before January 1, 2006 (the date when the amendment of the Swiss Citizenship Act went into effect), can still have her citizenship reinstated. She can apply for reinstatement of Swiss citizenship if she has close ties to Switzerland, and it is irrelevant whether her Swiss citizenship was acquired by descent, adoption, naturalization or marriage.

Important Notice

Swiss legislation permits dual citizenship, that is, you can retain your prior citizenship. Nevertheless, if you acquire Swiss citizenship, you could lose your prior citizenship if the legislation of your country of origin so provides. Binding information about this should be obtained from the authorities of your country of origin. In the event of inquiries about the acquisition of Swiss citizenship, the Swiss authorities normally have to provide information to foreign authorities.

Fees
Your competent Swiss representation will provide you with information on the fees for naturalization processing (fees charged by the Swiss Confederation and possibly by the canton and the representations).