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Old 19.10.2015, 17:10
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New Immigration Rules

Hi all,

I was on a Ci permit for about 10 years but as I realize under the new rules that won't count for citizenship?
I am due to get married to a Swiss National in a month but I would like to know whether I may apply for citizenship myself?

Does anyone know when the new immigration law will be implemented?
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Old 19.10.2015, 20:13
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Re: New Immigration Rules

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Hi all,

I was on a Ci permit for about 10 years but as I realize under the new rules that won't count for citizenship?
I am due to get married to a Swiss National in a month but I would like to know whether I may apply for citizenship myself?

Does anyone know when the new immigration law will be implemented?
According to this Canton Zurich document, the new naturalization law and regulations are provisionally to become effective in the fall of 2016.

"Das neue Bürgerrechtsgesetz und die dazugehörige Verordnung werden voraussichtlich im Herbst 2016 in Kraft treten."

http://www.gaz.zh.ch/internet/justiz...n_20150327.pdf
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Old 19.10.2015, 20:33
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Re: New Immigration Rules

Unable to edit my above post. CERN posted the following regarding the naturalization law changes relative to the Ci permit:
« Under the new law, naturalisation can be granted only if the following conditions are met at the time of application:
1. the applicant must hold a settlement permit (autorisation d’établissement or permis C); and
2. the applicant must supply proof that he or she has resided in Switzerland for a total of ten years, including during three of the five years preceding the application (see Article 9 below).
For the purposes of calculating the length of residence in Switzerland, any period of residence as a holder of a residence or settlement permit (autorisation de séjour or autorisation d’établissement), a temporary admission document (admission provisoire), or a legitimation card (carte de légitimation) issued by the DFAE will be taken into account (see Article 33 below).
Whereas, at present, holders of a legitimation card issued by the DFAE or a Ci permit are entitled to apply for naturalisation, in future only holders of a settlement permit (permis C) will be able to do so. We remind you that legitimation cards issued by the DFAE and Ci permits are not deemed to be equivalent to a settlement permit (permis C).
Once the new law has entered into force, holders of a legitimation card issued by the DFAE or a Ci permit will no longer be entitled to apply for Swiss nationality. However, they will be able to apply for naturalisation once they have ceased to be employed by an international organisation, provided that they meet the applicable formal conditions (see Article 9 below). »
http://home.web.cern.ch/cern-people/...ss-nationality
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Old 19.10.2015, 20:37
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Re: New Immigration Rules

If you get your application in before the new law comes into force naturalisation will be done under the current rules and a Ci permit counts for that iirc. So get your application in now!
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Old 19.10.2015, 20:53
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Re: New Immigration Rules

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If you get your application in before the new law comes into force naturalisation will be done under the current rules and a Ci permit counts for that iirc. So get your application in now!
Yes, but it sounds like the OP hasn't been living in Switzerland for 12 years yet (and might not have 12 years in before the new law goes into effect -- probably late next year). But under both the law now in force and the 2014 law (once it is implemented), he/she would have access to facilitated naturalization as the spouse of a Swiss national, right (though only after three years of marriage, if still living in Switzerland, or six, if living outside)?

Last edited by jhm3; 19.10.2015 at 20:56. Reason: Added post-marriage residence requirements.
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Old 19.10.2015, 21:02
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Re: New Immigration Rules

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Yes, but it sounds like the OP hasn't been living in Switzerland for 12 years yet (and might not have 12 years in before the new law goes into effect -- probably late next year). But under both the law now in force and the 2014 law (once it is implemented), he/she would have access to facilitated naturalization as the spouse of a Swiss national, right (though only after three years of marriage, if still living in Switzerland, or six, if living outside)?
Actually not sure on that jhm. If she's living abroad then yes after 6 years of marriage she could apply, but does the C permit rule still apply if they're living here and have been married for 3 years?

But if she's been on a Ci permit for 10 years she can apply early under the VINTA program.

Early C Permit for a Non-EU National through VINTA

Need clearer info nice.32. You say was on a Ci permit. What do you have now if any? Or are you out of the country and don't have a Swiss permit at all at the moment?
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Old 19.10.2015, 22:59
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Re: New Immigration Rules

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Actually not sure on that jhm. If she's living abroad then yes after 6 years of marriage she could apply, but does the C permit rule still apply if they're living here and have been married for 3 years?
As I understand it, the C permit requirement for naturalization is specified in Art. 9 of the new citizenship law, which pertains to ordinary naturalization, so it looks like it wouldn't apply to facilitated naturalization, whether the spouse of a Swiss national applying via that route was resident in Switzerland or not.
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Old 22.10.2015, 15:52
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Re: New Immigration Rules

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Actually not sure on that jhm. If she's living abroad then yes after 6 years of marriage she could apply, but does the C permit rule still apply if they're living here and have been married for 3 years?

But if she's been on a Ci permit for 10 years she can apply early under the VINTA program.

Early C Permit for a Non-EU National through VINTA

Need clearer info nice.32. You say was on a Ci permit. What do you have now if any? Or are you out of the country and don't have a Swiss permit at all at the moment?
I am a guy. My fiancee is Swiss. I am Australian currently working in Switzerland. The company I work for is currently processing my visa.
But as I said I was on a Ci for 10 years. I had left in between for my studies but came back. That period of absence did cause a bit of problems as it was taken to mean that I came to Switzerland after I was 21 even though I moved here when I was 10.
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Old 22.10.2015, 16:20
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Re: New Immigration Rules

But what do you have now? And how is your company processing your permit? Do you have one or not? Have you had a break, i.e. been out of Switzerland, since you stopped having your Ci? If so, then for a non-EU the residency requirement would reset back to zero I think.

And where have you been residing in Switzerland and for how long? Because under regular naturalisation there are also cantonal residency requirements so if you've been moving around you may not qualify under those.
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Old 22.10.2015, 16:31
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Re: New Immigration Rules

Yes, this does get tricky. What Art. 15 of the current citizenship law says is that for ordinary naturalization, an applicant must have lived in Switzerland for "a total of twelve years, including three of the five years prior to the application being made," so it doesn't sound like the fact that there is a break in your residency, in and of itself, prevents you from meeting the federal residency requirements. (The twelve years apparently don't have to be continuous and uninterrupted.)

And if you were away for your studies for two years, and now you're back, it sounds like you might meet the "three of the past five years" requirement. (EDIT: Just looked back over the thread and realized it's not specified how long you were away ... If it was more than two years, then you have a wait until you meet the "three of the past five years" requirement, and by the time you do, it would likely be the new citizenship law that would apply).

And, even though you apparently don't have the required twelve years of residency, because your previous period of approximately ten years' residence took place while you were between ten and twenty years of age, they should count double (Art. 15, section 2). Your last post suggests that you're not being given this double credit, but I don't see why you shouldn't be.

So, when and if you have a valid permit (what is your company arranging?), and if it's the case that you have lived in Switzerland for three of the past five years, and if it's true that you spent at least six years in the country between the ages of ten and twenty, it sounds like you would meet the federal requirements for ordinary naturalisation ... but as Medea says, you would also have to meet your local cantonal requirements, which might be different.
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Old 04.12.2015, 04:07
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Re: New Immigration Rules

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According to this Canton Zurich document, the new naturalization law and regulations are provisionally to become effective in the fall of 2016.

"Das neue Bürgerrechtsgesetz und die dazugehörige Verordnung werden voraussichtlich im Herbst 2016 in Kraft treten."

http://www.gaz.zh.ch/internet/justiz...n_20150327.pdf
Date seemingly overtaken by events: Vaud site now says,
"vigueur de la LN et de l'ordonnance d'application sont prévues pour février 2017."
http://www.vd.ch/themes/vie-privee/p...aturalisation/
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