Swiss citizenship - Issue #3: What’s the process and how complicated is it?

The Swiss naturalization process takes place on three levels, Federal, Cantonal and Community.   The federal level exists only to ensure that a basic standard is met and to prevent bad behavior, for instance the selling of citizenships.  Most of the authority resides at the Cantonal and Community level.  Until 2003 many communities put the acceptance of individual applicants to a vote (usually anonymous), sort of like joining a club.  This practice was overthrown in 2003 via a Federal High Court ruling stating that while there is no legal entitlement to naturalization, the applicant shall receive certain procedural guarantees, including the rights to be heard and nondiscrimination.  Since this is not practically possible via an anonymous ballot box, this procedure was ruled illegal.  This didn’t stop the Tea partiers in the SVP from giving it another whack, though, when in 2008 they introduced a popular initiative to allow for “democratic naturalizations”.   They felt the judicial branch was subverting the will of the people.  Sound familiar?  In any case,  they were proven wrong when the people soundly rejected the initiative and the Federal Citizenship Act was subsequently revised to explicitly outlaw votes on naturalizations at the ballot box.    A simultaneous victory for both Direct Democracy and the rule of law, unless you like the idea of being able to vote someone off the island (or mountain in this case) for no reason other than you don’t like them (or their religion).  

The actual administration of the process is done in the community in which one lives so I focus on our specific situation in Basel-Stadt.    There are several steps, which typically take roughly two years to complete.  The first step is to speak with someone in the Cantonal Migrations Department to obtain the application form, instructions for filling it out and a list of the various documents that must be provided.  Next, after having submitted the completed form and documents, comes the language test.  After passing the test there is an interview with a Migrations Department representative who, assuming this went well, will forward the application to both the local community board and the federal office for review.  After one last paperwork check, comes a final interview, this time with the Community Migration Commission.  Pass muster there and congratulations, you’ve done it.  You will receive a letter informing you that you are now a Swiss citizen.   I noticed in the application form that they reserve the right for the next eight years, however, to pull that baby back if they learn that you lied anywhere in the application. 

So, there you have it.  A pretty lengthy process but clear and fair. 

Swiss citizenship - Issue #2: What are our chances?

The Basel-Stadt migration office provides a thirty-one page guideline which spells out the requirements which must be met to become a Swiss citizen.  In the interests of brevity, I summarize them below as follows:

1. You must have a good character. 
2. You must be familiar with the traditions and public institutions (at the community, cantonal and federal levels).
3. You must foster relationships with Swiss people.
4. You must affirm the Swiss democracy and respect the applicable laws.
5. You must be in compliance with your private and public legal and financial obligations. 
6. You must have a certain level of language competence (spoken, written and reading) in the language of the canton where you are applying.  For us, where we live, it’s German.

Requirement #1 strikes me as pretty subjective but I’ll go out on a limb and say that it shouldn’t be an issue.  I think we’re looking good for #2 as well.  Simply put, we enjoy the traditions so compliance there comes naturally.  The third requirement refers to one’s level of integration and willingness to exist outside of the expat bubble.  Certainly, we have American friends here but I’ve never really been a fan of the expat bubble and we have many friends who are just normal Swiss people.  The stereotype of the Swiss as being stiff and unfriendly is inaccurate in our experience.  Perhaps, it’s because we live in Basel, reputed to be the most open of the cantons to foreigners.  In any event, we’re good there too.  Check.  When I looked at #4 it occurred to me that some might translate the phrasing to include the pledging of allegiance to Switzerland.  Hmmm.  When I considered this interpretation it was the first time I really looked at the decision and what it means.   My generation, as children, repeated the US version, hand over hearts, each morning of grade school.  I pledge allegiance, to the flag, of the United States of America.  And to the nation, for which it stands, one nation…  I haven’t said those words in years, decades probably.  Yet they just roll off the tongue.  Funny how that is.   So, can one actually pledge allegiance to two countries?   I don’t know so I decide to translate the phrase less literally, something more like, “I promise to obey the rules and not cause any trouble”.  This, I can definitely agree to so once again, check.  Regarding #5, I have always been way too fiscally conservative to be anything but compliant in matters of financial obligations.  Check.  Lastly, with regards to the language requirement, Lisa and I should be okay because in our canton the test is in standard German not Swiss German and since all of Heidi’s schooling has been in the local schools, she doesn’t even have to take it.   So, there you have it.  On the surface we’re looking good.  Coming up next, the process.  

Swiss citizenship - Issue #1: Can we keep our US citizenship?

Since we have no intention to renounce our American citizenship, this is an obvious first issue to clarify.  From the US side, the Supreme Court ruled in 1967 (Afroyim v. Rusk, 387 U.S. 253) that Congress lacks the constitutional authority to pass laws that strip American citizens of their nationality without their consent.  Trump made some blather recently suggesting he might bypass such court rulings for flag burners but that was just more silly rhetoric.  Either way, it’s clear.  Our US passports are ours to keep unless we willingly give them up.  From the Swiss side, since January 1^st, 1992 Switzerland has had no restrictions on multiple citizenships.  This was established during the same legislative flurry that abolished  the practice of confiscating a woman’s citizenship if she marries a foreigner.    Wow.  Can you imagine?  Men could get mail order brides but not women.  In any event, also clear.  No problem so we move on.

Swiss Citizenship - Is it time?

I heard a rumor that the Swiss naturalization laws had been changed, reducing the residency requirement from twelve to ten years.  And just as we’ve reached ten years.   Coincidence?  And right after our recent presidential election when we’ve become so vulnerable?   Sounds suspicious.  In any event, I decided to look into it.  To be clear and all joking aside, I wouldn’t do this to escape Trump.  First of all, I’m not going to let him chase me from my own country and neither should anyone else.  Second, if things get that bad there will be no escape anyway.   The world is no longer that small. No, the reasons to consider this are simpler and less reactionary.  We feel at home here and I’ve often wished I could vote (we get a lot of opportunities) and for Paige, it’s another future market in which to find work.   And besides, why not?  My age immunizes me against the military service obligation, which may be the only down side.  So, as I said, I looked into it and learned that, yes, in fact the Parliament decided in June, 2014 to make this change.  It’s not effective, though, until January 1^st, 2018.  I shouldn’t be surprised.  The wheels of change move pretty slowly here.  It does, however, mean that we can initiate the process a half year sooner than before.   Basically just a year from now.  At our age, the proverbial blink of an eye.   This means that it’s really not too early to begin thinking it through and, if we decide to go for it, to prepare. 

So, the first question is the most basic.  Do we want to?  To paraphrase Grouch Marx, should we seek to join a country that would have us as citizens?    Well, there are clearly many considerations to weigh.  It’s a significant decision not to be taken lightly.    I’ve been clear in a previous post that we’ve no intention to renounce our US citizenship and nothing has changed there (populist extremists be damned) so why go to the trouble (and expense) of doubling up?  With this question in mind , I’m setting out on a quest to learn what’s involved and what it means to gain your Schweizer Bürgerrechts.  To compare the advantages and disadvantages.  In other words, to gather the input for an informed decision.   This process -  what I learn and how it feeds into our ultimate decision - will be shared in the coming weeks. Here and only here, in An American in Basel.