Eligibility for Swiss Citizenship if we move?

Good find. Was not aware of this particular clause. It is based on Art. 15 Abs 3 and 4 BüG. https://www.admin.ch/opc/de/classifi...index.html#a15

If you met this condition you are eligible for normal naturalization but with a reduced residency requirement.

Unfortunately for you the law changes on January 1st 2018.

Now we just have to check if this clause is still in the new law: https://www.admin.ch/opc/de/official.../2016/2561.pdf

Hmm, I could not find it. Looks like it is gone.

This topic seems to really confusing at least to myself. Its probably best if I go down to the local town hall and see if I can get some official answers on what to expect. Thanks so much aSwissInTheUS for all your time and answers and everyone else adding to the topic.

okay, okay, so my wife was reading over what was sent 2 posts ago..

Art. 9 Formelle Voraussetzungen

1 Der Bund erteilt die Einbürgerungsbewilligung nur, wenn die Bewerberin oder der

Bewerber:

a. bei der Gesuchstellung eine Niederlassungsbewilligung besitzt; und

b. bei der Gesuchstellung einen Aufenthalt von insgesamt zehn Jahren in der Schweiz nachweist, wovon drei in den letzten fünf Jahren vor Einreichung des Gesuchs.

2 Für die Berechnung der Aufenthaltsdauer nach Absatz 1 Buchstabe b wird die Zeit, während welcher die Bewerberin oder der Bewerber zwischen dem vollendeten 8. und 18. Lebensjahr in der Schweiz gelebt hat, doppelt gerechnet. Der tatsächliche Aufenthalt hat jedoch mindestens sechs Jahre zu betragen.

Art. 10 Voraussetzungen bei eingetragener Partnerschaft

1 Ist die Bewerberin oder der Bewerber eine eingetragene Partnerschaft mit einer Schweizer Bürgerin oder einem Schweizer Bürger eingegangen, so muss sie oder er bei der Gesuchstellung nachweisen, dass sie oder er:

a. sich insgesamt während fünf Jahren in der Schweiz aufgehalten hat, wovon ein Jahr unmittelbar vor der Gesuchstellung; und

b. seit drei Jahren mit dieser Person in einer eingetragenen Partnerschaft lebt.

2 Die kürzere Aufenthaltsdauer nach Absatz 1 Buchstabe a gilt auch für den Fall, dass eine der beiden Partnerinnen oder einer der beiden Partner das Schweizer Bür- gerrecht nach der Eintragung der Partnerschaft erwirbt durch:

a. eine Wiedereinbürgerung; oder

b. durch eine erleichterte Einbürgerung aufgrund der Abstammung von einem schweizerischen Elternteil.

Here in Google Tanslate:

Art. 9 Formal requirements

1 The Confederation grants the naturalization permit only if the applicant

applicants:

a. has a settlement permit in the application; and

b. a total of ten years' residence in Switzerland, three of them in the last five years prior to the submission of the application.

2 For the calculation of the length of stay referred to in paragraph 1 (b), the period during which the applicant lived between the ages of 8 and 18 in Switzerland is counted twice. The actual stay, however, must be at least six years.

Art. 10 Conditions for registered partnership

1 If the applicant has entered into a registered partnership with a Swiss citizen, he or she must prove in the application that he or she:

a. stayed in Switzerland for a total of five years, of which one year immediately prior to the application; and

b. has lived in a registered partnership with this person for three years.

2 The shorter length of stay referred to in paragraph 1 (a) also applies in the event that one of the two partners acquires Swiss citizenship after registration of the partnership by:

a. a repatriation; or

b. by facilitating naturalization due to the descent of a Swiss parent.

The wife still says its 5 years - lol. I will probably stop pursueing this topic at least for the rest of the day, and maybe just set up an appointment to ask someone from the goverment.

It is five years. That is correct.

As she was not Swiss at time of marriage it is normal naturalization, not facilitated naturalization.

BUT , yes that is a very big but, this is the old law which is only valid for applications on and before December 31st 2017.

New law is here: https://www.admin.ch/opc/de/official.../2016/2561.pdf

PS: Have a look at deepl.com to get a bit better translations than from Google.

For the old law, the full text it is available in English: https://www.admin.ch/opc/en/classifi...208/index.html

PPS: www.admin.ch is the official website from the Swiss government.

Hi again Swiss, the copy and paste translation is from the new law you shared.

Sorry, but cantonal law doesn’t trump federal:

" I am a foreigner and married to a Swiss citizen. How can I apply for naturalisation?

You must have lived in a stable marriage with your spouse for at least three years, have lived in Switzerland for five years all in all, the last twelve months of which must be without interruption. If you live abroad, you must have lived in a stable marriage for at least six years and must have close connections with Switzerland. Regardless of where you live, you must be integrated in the Swiss way of life at least by analogy, comply with the Swiss rule of law, and you must not endanger Switzerland’s internal or external security.

Note:
The Swiss spouse must have been of Swiss citizenship before marriage ."

https://www.sem.admin.ch/sem/en/home…recht/faq.html

This is the current law, but I doubt it’s changed in the new one.

You will also need a C-permit, and pass the language requirement, and you will need to stay here while your application for citizenship is being processed, which could take several years.

Tom

Hi Tom, correct wife was just joking about how long it can take, she said hers was 10 months processing time in 2015.

Hahahaha, that is fast!

Right.

But, excuse the language, you are clearly a dude, so has your "wife" a dick?

Because Art. 10 of the new law is only for registered same sex partners and not for marriages between man and woman. Art.10 is there because same sex partners have no right regarding facilitated naturalization.

For marriages Art. 21 applies.

There is also the clause that the 5 year period applies if Swiss nationality was acquired by facilitated naturalization due to the descent of a Swiss parent. But no shorter term if it was regular naturalization.

So, you have to ask your wife if it was a regular naturalization or a facilitated naturalization due to decent from a Swiss parent.

She had a facilitaed naturalization in 2015 about a year after we got married. She was born on Swiss soil (her mother is Swiss) and lived here her whole life other than the occasional work travel.

That being born on Swiss soil counts for nothing. That ́s a US american thing.

Does she have a Swiss mother?

Brill, and if when you become Swiss and you are still under 35 (some cases up to 50)...the military here will also welcome you with open arms like for all Swiss males!

Why was it facilitated?

Tom

Yes, her mother is Swiss.

Rachel, I am over 35 years of age so I dont think they will let me play with any of their machine guns!

So true! There are stories of teen children born here, who have lived here all their lives but whose parents are non-naturalized long time residents if this country. They are NOT Swiss, they hold the same nationalities as their parents (I am thinking of a local Portuguese family who told me this story, their son, who is proud of his roots, sees himself as Swiss and is now doing the necessary to get his citizenship)

Nah, age 25 is the limit, older and you're definitely out. Though you're liable for the alternative military tax until your early thirties if you didn't serve your full 270 or so days.

Then why wasn't she Swiss at birth?

Tom

Because before 1 July 1985, a child born to a foreign father and a Swiss mother which were married only got the foreign citizenship but not the Swiss.

That is the reason we have Art. 58a Swiss Citizenship Act (old law) and Art. 51 Abs. 1 of the new law.

https://www.admin.ch/opc/en/classifi...ndex.html#a58a

Yes, this is what she told me when I joked about it with her when we met, being from the US it was a bit difficult for me to understand at first. Her mother is Swiss, her father was originally German but has lived here along time now.

She has always had a c-permit, lived here her whole life and never felt the need to apply for Swiss citizenship, until after we got married because of the possibilty of moving to the USA at some point and she wanted to secure her Swiss rights/citzenship here if we did ever move.