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Old 25.09.2016, 16:13
Caryl Caryl is offline
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Re: Is it possible to get back my citizenship and permanent residence?

If and only if you were otherwise stateless at the time you were born, you had no claim to Swiss citizenship and only fragile claim to residence, dependent upon your parents' status and/or refugee law.

Not claiming a foreign nationality to which the child is otherwise entitled doesn't work. Thus: Département fédéral de justice et police v. Vilchez, Trib. féd., Cour de droit public, 29 June 1979, A.T.F., 105, 1979, Ib, p. 63, Clunet, 114.1987.674 (Peruvian parents).

That case is a good lesson for US-citizen parents inclined not to report the birth of a Swiss-born baby. While the USG may treat the baby as an alien (based on the legal presumption of alienage for such unregistered cases), nothing obliges the Swiss Government to treat the child as stateless and so make him Swiss. And the Swiss Institute of Comparative Law is there to support them...

The results can be tragic in those cases where entitlement to the foreign nationality expires. I think the Swiss forfeiture of entitlement at age 22 (unregistered children born abroad to Swiss parents) doesn't apply to children of Swiss parents without another nationality. But the UK and some other countries have no qualms about leaving stateless, children born abroad to their nationals under certain facts.
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