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  #401  
Old 02.10.2016, 02:34
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Why?
Because...

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Art. 7 Participation à la vie économique ou acquisition d’une formation
Housewife has no income and does not meet this requirement.

Family based income are sufficient for facilitated naturalization but not for independent application.
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  #402  
Old 02.10.2016, 09:39
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Because...

Housewife has no income and does not meet this requirement.

Family based income are sufficient for facilitated naturalization but not for independent application.
The integration part is for both regular and facilitated naturalization. Facilitated naturalization one applies alone and family income has always used.
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  #403  
Old 02.10.2016, 10:22
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Because...



Housewife has no income and does not meet this requirement.

Family based income are sufficient for facilitated naturalization but not for independent application.
I guess that will depend on their definition of 'participating in the economy'. It could be argued that a housewife who stays home to look after the house, kids etc. is doing her bit to help the economy. She also fits the bill when it comes to integration as she is fulfilling the sterotypical Swiss housewife role.

My guess is that family finances will be taken into consideration in exactly the same way they are for facilitated naturalisation.
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  #404  
Old 02.10.2016, 11:16
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Re: Swiss Citizenship after 8 years? [Now 10 years]

If one (married) partner applies and is successful with naturalisation, would that not mean that the other could then activate a 'facilitated' naturalisation at a later date ?
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  #405  
Old 02.10.2016, 12:12
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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If one (married) partner applies and is successful with naturalisation, would that not mean that the other could then activate a 'facilitated' naturalisation at a later date ?
No. Facilitated is only if you marry someone who is already a Swiss citizen at time of marriage.
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  #406  
Old 19.04.2017, 17:16
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Re: Swiss Citizenship after 8 years? [Now 10 years]

It does not need to be 10 years uninterrupted, right?
Didn't see anywhere mentioning whether this 10 years need to be continuous or interrupts is ok.
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  #407  
Old 19.04.2017, 19:12
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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No. Facilitated is only if you marry someone who is already a Swiss citizen at time of marriage.
In effect, the conservative parliament provided a legal incentive for people to divorce each other.
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  #408  
Old 19.04.2017, 19:39
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Re: Swiss Citizenship after 8 years? [Now 10 years]

Not really as the Swiss government will repeatedly ask if you plan to divorce while going through the faciltated naturalisation process and I think you also have to confirm you're still married for some years after. Otherwise the citizenship will be revoked.
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  #409  
Old 19.04.2017, 22:42
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Not really as the Swiss government will repeatedly ask if you plan to divorce while going through the faciltated naturalisation process and I think you also have to confirm you're still married for some years after. Otherwise the citizenship will be revoked.
Actually I was thinking of the following situation:
Foreign nationals A and B.
A has lived in Switzerland for a long time and marries B. A acquires Swiss citizenship, but B could not join A's application. A and B therefore divorce and remarry so that B can benefit from facilitated naturalisation.
It's a bit bizarre but it's perfectly kosher as far as the law's concerned.
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  #410  
Old 19.04.2017, 22:45
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Actually I was thinking of the following situation:
Foreign nationals A and B.
A has lived in Switzerland for a long time and marries B. A acquires Swiss citizenship, but B could not join A's application. A and B therefore divorce and remarry so that B can benefit from facilitated naturalisation.
It's a bit bizarre but it's perfectly kosher as far as the law's concerned.
And you really want to go through that all? There is a "waiting period" of 2 years for a divorce.

And I think the situation is different if A is naturalized, even with your scenario.

Apart from the fact that the authorities are not that stupid and will question the validity of your second marriage :-)

Last edited by roegner; 19.04.2017 at 22:46. Reason: Adding
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  #411  
Old 19.04.2017, 22:47
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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And you really want to go through that all? There is a "waiting period" of 2 years for a divorce.

And I think the situation is different if A is naturalized, even with your scenario.

Apart from the fact that the authorities are not that stupid and will question the validity of your second marriage :-)
Nah the old nationality law used to treat naturalised citizens differently but this only extended to people who benefitted from facilitated naturalisation. In the 90s the law was changed about the same time as automatic naturalisations stopped.
Theoretically, A and B could divorce and remarry in another country without such a waiting period.

There's no provision for them to refuse actually. The only grounds is that it's marriage of convenience. It might take a trip to the federal administrative court, but you'd probably win. ^^
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  #412  
Old 19.04.2017, 22:50
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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There's no provision for them to refuse actually. The only grounds is that it's marriage of convenience. It might take a trip to the federal administrative court, but you'd probably win. ^^
Could be but I´d be surprised if they would not try and stop that. Good luck trying
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  #413  
Old 19.04.2017, 22:51
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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There is a "waiting period" of 2 years for a divorce.
Only if contested, otherwise none.

And no, being naturalised makes no difference.

Tom
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  #414  
Old 19.04.2017, 22:53
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Only if contested, otherwise none.

Tom
Ah, ok, thanks
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  #415  
Old 19.04.2017, 23:02
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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It does not need to be 10 years uninterrupted, right?
Didn't see anywhere mentioning whether this 10 years need to be continuous or interrupts is ok.
The ten years do not have to be uninterrupted.


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And you really want to go through that all? There is a "waiting period" of 2 years for a divorce.

And I think the situation is different if A is naturalized, even with your scenario.

Apart from the fact that the authorities are not that stupid and will question the validity of your second marriage :-)
There is no waiting period if you both agree and there is no difference once 'A' in scenario above becomes a citizen.

Chomp's scenario could work but it seems like a lot of work...

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Could be but I´d be surprised if they would not try and stop that. Good luck trying
Why? You don't think anyone has ever divorced then remarried the same person?

I'm really surprised some times at how controlled and observed some people feel.

The authorities wouldn't stop anyone in the scenario above. It's not against the law.
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  #416  
Old 19.04.2017, 23:03
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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If one (married) partner applies and is successful with naturalisation, would that not mean that the other could then activate a 'facilitated' naturalisation at a later date ?
No. Only if the spouse is Swiss before the marriage.
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  #417  
Old 19.04.2017, 23:08
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Why? You don't think anyone has ever divorced then remarried the same person?

I'm really surprised some times at how controlled and observed some people feel.

The authorities wouldn't stop anyone in the scenario above. It's not against the law.
Definitely not against the law and of course this happens. But when applying for a Swiss passport, they will look into a lot of things and this will be one
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  #418  
Old 19.04.2017, 23:34
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Definitely not against the law and of course this happens. But when applying for a Swiss passport, they will look into a lot of things and this will be one
Sure. They will ask the question and to pull it off will be complicated and probably not worth it. They need to wait before remarrying, have a good story, not mention it the reason in the interview, etc.

But facilitated naturalization not an interrogation.
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  #419  
Old 20.04.2017, 01:21
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Definitely not against the law and of course this happens. But when applying for a Swiss passport, they will look into a lot of things and this will be one
The thing is that even if they do look into it, it wouldn't be a reason (under current TF jurisprudence) to deny an application for facilitated naturalisation. Facilitated naturalisation can only be refused if the marriage is a sham or if there is other fraud, e.g. faked documents.
Of course, the case could make it all the way to the TF in Lausanne and the judges could rule differently. But the way the law currently stands, this would work.
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  #420  
Old 21.04.2017, 10:17
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Re: Swiss Citizenship after 8 years? [Now 10 years]

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Was just reading the FAQ and realized that years spent on L permit are not counted. I don't understand this as years on L were counted when granting early C permit for us in Zurich canton.
Are years spent on a B permit counted? The FAQ doesn't mention B permits, only that C is required.

Over on Expatica, they say that years on a B permit (plus L,F,Ci) do not count towards the new target of 10 years:
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Only residents holding a Swiss permanent residence (permit C) will qualify, which is granted after five or 10 years of residency depending on nationality. This will have considerable consequences on foreign residents who have lived in Switzerland on temporary permits (eg. B, L, F, Ci permits), as their years of residence will no longer count towards citizenship once the new law comes into effect

...

Due to these new laws, residents who do not hold a Permit C but meet the current conditions of citizenship (12 years of residence) are being advised to consider applying before all changes are implemented, as they will no longer qualify for Swiss citizenship thereafter
Does this mean that a C must be held for 10 years prior to someone being eligible to apply for citizenship?
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