Newborn Citizenship

Visas, Permits, Passports and Naturalization
1
Hi, quick question regarding this scenario:

- A friend is planning to apply for the Swiss citizenship soon after spending 10 years and meeting all the criteria (the wife doesn't yet meet the criteria, so only the man would apply)

- The wife is pregnant (half way through)

Would the baby be eligible for citizenship while the application is yet in progress? If yes is there a certain stage that the application needs to reach before the baby is born? Or is it strictly when the passport is granted?

Thanks!

2
The father would need to be Swiss at the time of the birth for the baby to be eligible for Swiss citizenship at birth.

3
Simplified naturalisation

Several categories of persons may benefit from simplified naturalisation. The procedure is simpler and faster, as the decision is taken solely by the federal government. These persons are:

- the children of a naturalised parent, if they were minors at the time when their parent applied for naturalisation and they embark on the process before the age of 22. They must prove at least five years’ residence in Switzerland, including three years immediately prior to making the application.

4
It’s likely that the mother could become eligible to apply for normal naturalisation before the child can apply for facilitated via the father.

The child could then be included in her application.

5
A child born to a Swiss parent is Swiss at time of birth. If born abroad and never been registered with the Swiss authorities it will lose citizenship at age 25.

A child born before the application is handed in can be included if all legal guardians agree, the child lives with the person to be naturalized, and has been in Switzerland for more than 2 years if it is older than 2 (no residency requirements for babies under 24 months old). In some cantons children must be included in the application (not sure what happens if one parent does not agree).

A child born after the application is handed in but before the parent gets naturalized can be included/added to the naturalization process (all legal guardians must agree) if they live with the person being naturalized.

A child not included in the process can be naturalized using the simplified/facilitated path, after 5 years of residency in Switzerland up to age 22.

6
That's very useful. If I interpret it correctly it means: no rush in starting the application before the baby is born. In the first 24 months of the baby (ideally the earlier the better), the baby could just be in the father's application from the beginning and both get the citizenship together.

7
That would actually make much more sense. If he waits a few months until the baby is born it’s a simple matter of including the child in his application.

8
The child can also be included if the application is made in later years. At least as long as it is a minor. It just that there are more and more additional requirements that that child must fulfill including language, integration, and knowledge about the country starting at age 12 (in an age appropriate way).

Age 0

Must live with applicant.

Age 2

+ minimum residency of two years.

Age 12

+ language, integration requirements.

Age 16

+ must give written consent.

Age 18

- Can no longer be included in application of the parents.

So, a diaper terrorist dropping sh!t bombs and calling himself Stormageddon, Dark Lord of All can be naturalized and pose thread to security our beautiful country, while a rudely teenager which a string of shoplifting and minor vandalism will not.

9
Weird story:

So, when my kids were born, I was USian and my wife Canadian Swiss. But, as she was Swiss by marriage, her canton (SG) did not her allow her to pass it to our kids, though we only found this out after they already had Swiss passports and ID cards for years. When I applied for facilitated, out local commune discovered this, and added them to my application. They were as surprised as we were!

Tom

10
Surprises happen. My OH was born in Cape Town, SA- but his family came to UK (grandfather was British) when he was two, fleeing apartheid. His parents didn't apply formally for him to be British. He found out when he went to register our mariage in Bern, when he was 25! They were taking ages and he went to ask if there was a problem. Yes, they said, we can't register the mariage as you are not British. He nearly fainted!

Naturalisation didn't take long, but it was a shock!

11

That's what he told you !!

Fortunately you saw through and made him go though with it !!!

12
I assume he was using his South African nationality and passport for all that time or it would have been picked up much sooner.

13
If I were the OP, I would have the father wait to apply until the child is born, so that all documents are there from the start.

Alternatively, the father could apply now and add the newborn as soon as he or she is born; but that will delay the processing and adds another layer where paperwork can get confused. It will probably take equally long whether he begins the process now or after the baby is born.

What I wouldn't do: complete the whole application process without adding the child. The child would then have to wait to apply with the mother, or go through simplified naturalization later.

14
So for 3 years old kid living and born in CH and a parent applying for normal naturalization can be included or 5 years are needed?

15
As said: From age 2, a minimum residency of two years is needed.

I do not have a math degree, but I am pretty sure 2 is smaller than 3. So yes, a three year old born and always living in Switzerland can be included.

PS: The two years are not mentioned in the law, but only in Chapter 3, Section 311/41 of the SEM Handbook .