Residence permit category "C" and 10 years of residence in Switzerland will become necessary conditions for obtaining a passport with a white cross
As Nashagazeta.ch notes, at first glance, the new law softens the requirements for candidates: from now on, foreigners who have lived in the country for 10 years instead of 12 will be able to apply for a Swiss passport under the standard procedure (the conditions for simplified naturalization, which spouses of Swiss citizens are entitled to, remain unchanged). At the same time, another clarification concerning the requirement to have a residence permit category "C" excludes certain categories of foreigners from the list of applicants.
What is the reason for such a long process of the law entering into force, the provisions of which were hotly debated by parliamentarians before a solution satisfactory to all was found? The fact is that the regulation developed by the government, clarifying the procedure for the new naturalization rules, in turn became the object of fierce disputes and needed serious revision. This document, in particular, defines the criteria for successful integration of foreigners, which is also a mandatory condition for obtaining a Swiss passport.
Last week, the Federal Council adopted a revised regulation taking into account the opinions of interested parties and set the date for the new law to come into force – January 1, 2018. The latest version of the regulation removed a clause obliging candidates to sign a "declaration of allegiance," confirming their readiness to comply with the fundamental rights enshrined in the country's basic law, to respect the principles of the rule of law and the democratic-liberal system of Switzerland.
Despite criticism from trade unions, the list retained the requirement for financial independence of future Swiss citizens: candidates who have received social assistance during the three years preceding the application or during the naturalization process do not meet the condition of participation in the economic life of the country. However, the situation can be remedied if the candidate fully reimburses the state for the funds spent on them.
In addition, conditions are eased if the citizenship applicant receives their first vocational or higher education in Switzerland – in such cases, the authorities must take personal circumstances into account despite the fact of receiving social assistance. Similar leniency can be expected for persons suffering from physical, intellectual, or mental disabilities, those with dependents, or those on the verge of poverty despite having a job.
A candidate who violates public order is not considered successfully integrated. A criminal record may become an insurmountable obstacle to obtaining a Swiss passport, except for certain suspended sentences (this possibility is provided for in the regulation at the request of a majority of cantons, according to the comments).
Another sign of successful integration is the ability to communicate in one of Switzerland's national languages. Despite the desire of some parties to tighten linguistic requirements, the government regulation contains not the strictest conditions: oral proficiency at level B1 (independent user, threshold level according to the Common European Framework CEFR) and written proficiency at level A2 (elementary, pre-threshold level), which is certainly still far from native speaker level.
Foreigners for whom the language is not native must take an exam, with exceptions provided for citizenship applicants who attended school for at least five years or studied at a university where instruction was conducted in one of the Confederation's national languages. It should be noted that the Federal Council did not require the school or university to necessarily be Swiss, meaning education in France, Germany, Italy, or other countries will allow the candidate to avoid the exam. Additionally, language skills can be confirmed by presenting a recognized diploma.
At the request of the cantons, the naturalization procedure for certain categories of foreigners will become longer and more expensive. For example, the time allotted for verification in cases of simplified naturalization has been increased from six months to one year, the deadlines for making a decision have doubled, and the maximum fee for conducting an investigation by the canton where the candidate resides has been increased from 350 to 400 francs. Recall that the decision itself by the State Secretariat for Migration on issuing a passport will cost adults 100 francs in the case of the standard procedure, 500 francs in the case of simplified naturalization, and half that for minors.
Let us add that an audit report published last week on the situation with naturalization in Geneva showed that, on average, a decision in the standard procedure is made within 36 months. In the future, the canton plans to reduce this period to 18 months.