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.
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