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Old 29.05.2015, 14:34
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Residence Permit / Naturalisation with criminal record (UK)

Hello,

I am writing on behalf of my friend who has a few questions about Swiss citizenship, residence permit in Switzerland and the relevance of a criminal record.

He is a British citizen. From what I am aware, he has one criminal conviction but this is considered spent under British law. The crime was committed many years ago.

To apply for the B / C residence permits, he is aware of the majority of the requirements except the criminal record check.

1) Is a criminal record check required for application of these permits?

2) If one is required, would an "Enhanced DBS check" from the UK be sufficient for this?

Similarly, are these required for Swiss naturalisation too?

If possible, please reply in English. Otherwise I can translate. Thank you for your time.

Best wishes

Sam
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  #2  
Old 29.05.2015, 15:07
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Re: Residence Permit / Naturalisation with criminal record (UK)

Try here:

https://www.ch.ch/en/entry-stay-switzerland/

IIRC it depends what it was for. A 25 year old conviction for smoking dope might be overlooked, Out on probation for terrorist offenses would be frowned upon I guess
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Old 29.05.2015, 15:11
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Re: Residence Permit / Naturalisation with criminal record (UK)

Depends on the crime...


Is your friend too ashamed to ask us judgmental audience themselves?
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Old 29.05.2015, 15:12
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Re: Residence Permit / Naturalisation with criminal record (UK)

I think they ask for only last 5 years...
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  #5  
Old 29.05.2015, 15:22
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Re: Residence Permit / Naturalisation with criminal record (UK)

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1) Is a criminal record check required for application of these permits?
Yes.
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Old 29.05.2015, 15:32
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Re: Residence Permit / Naturalisation with criminal record (UK)

A record check from Switzerland, you can get an extract yourself for CHF 20.

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Hello,

I am writing on behalf of my friend who has a few questions about Swiss citizenship, residence permit in Switzerland and the relevance of a criminal record.

He is a British citizen. From what I am aware, he has one criminal conviction but this is considered spent under British law. The crime was committed many years ago.

To apply for the B / C residence permits, he is aware of the majority of the requirements except the criminal record check.

1) Is a criminal record check required for application of these permits?

2) If one is required, would an "Enhanced DBS check" from the UK be sufficient for this?

Similarly, are these required for Swiss naturalisation too?

If possible, please reply in English. Otherwise I can translate. Thank you for your time.

Best wishes

Sam
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  #7  
Old 29.05.2015, 15:34
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Re: Residence Permit / Naturalisation with criminal record (UK)

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A record check from Switzerland, you can get an extract yourself for CHF 20.
But this will only contain Swiss police records, right?

So say 10/15 years down the line applying for naturalisation to Switzerland, they would only require a Swiss police check (assuming he's stayed in Switzerland for the full period)?
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Old 29.05.2015, 15:39
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Re: Residence Permit / Naturalisation with criminal record (UK)

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But this will only contain Swiss police records, right?

So say 10/15 years down the line applying for naturalisation to Switzerland, they would only require a Swiss police check (assuming he's stayed in Switzerland for the full period)?
Probably, if you pay 20 CHf you will know with 100% certainty in a weeks time.

I have no idea what the requirements will be in 15 years, neither does anybody else.
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Old 30.05.2015, 19:27
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Re: Residence Permit / Naturalisation with criminal record (UK)

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Hello,

I am writing on behalf of my friend who has a few questions about Swiss citizenship, residence permit in Switzerland and the relevance of a criminal record.

He is a British citizen. From what I am aware, he has one criminal conviction but this is considered spent under British law. The crime was committed many years ago.

To apply for the B / C residence permits, he is aware of the majority of the requirements except the criminal record check.

1) Is a criminal record check required for application of these permits?

2) If one is required, would an "Enhanced DBS check" from the UK be sufficient for this?

Similarly, are these required for Swiss naturalisation too?

If possible, please reply in English. Otherwise I can translate. Thank you for your time.

Best wishes

Sam
I can only respond knowledgeably regarding your question "Similarly, are these required for Swiss naturalisation too".

A relative of mine applied for facilitated naturalisation 1 years ago. She (a barrister as it happens) had to apply to Disclosure Scotland (and Nicola Sturgeon has nothing to do with this) for a criminal records check even though this person has only been to Scotland once in her life, and that to attend a wedding (which doesn't matter, the relevant couple is now divorced). The Disclosure Scotland police check covers all of the UK.

https://en.wikipedia.org/wiki/Disclosure_Scotland

Anyway that relative (and her progeny) are now Swiss. And, I have it on good information, looking for work in Switzerland given that times are hard for lawyers in England. And, for all I know, Scotland too.

Last edited by Caryl; 30.05.2015 at 20:35.
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  #10  
Old 30.05.2015, 20:11
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Re: Residence Permit / Naturalisation with criminal record (UK)

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But this will only contain Swiss police records, right?

So say 10/15 years down the line applying for naturalisation to Switzerland, they would only require a Swiss police check (assuming he's stayed in Switzerland for the full period)?
He would have to stay in Switzerland for the full period to even qualify for naturalisation. Under the new law coming into force in late 2016/early 2017 the minimum number of years of residency is being reduced from 12 to 10 years. Plus he'll need to speak the official Swiss language of the canton he lives in and have a C permit (granted after 5 years for EU nationals at the moment).
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Old 23.10.2015, 16:08
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Re: Residence Permit / Naturalisation with criminal record (UK)

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He would have to stay in Switzerland for the full period to even qualify for naturalisation. Under the new law coming into force in late 2016/early 2017 the minimum number of years of residency is being reduced from 12 to 10 years. Plus he'll need to speak the official Swiss language of the canton he lives in and have a C permit (granted after 5 years for EU nationals at the moment).
If a person have stayed for 12 years, fulfills the cantonal and commune requirements, but does not have a C permit, let us say a B-permit, does this mean s/he can't be naturalized?

Does the type of permit really makes a difference, or what counts is the number of years that have been spent in Switzerland/Canton?
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Old 23.10.2015, 16:18
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Re: Residence Permit / Naturalisation with criminal record (UK)

I believe the type of permit was just the catch when they lowered from 12 to 10 years. So yes you would need C permit. I am sure someone on EF may confirm as I am not a specialist.
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Old 23.10.2015, 16:51
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Re: Residence Permit / Naturalisation with criminal record (UK)

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If a person have stayed for 12 years, fulfills the cantonal and commune requirements, but does not have a C permit, let us say a B-permit, does this mean s/he can't be naturalized?

Does the type of permit really makes a difference, or what counts is the number of years that have been spent in Switzerland/Canton?
Yes, under the new law an applicant must have a C permit along with the other requirements. If they don't have a C permit it won't matter how many years they've been living here.
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Old 24.10.2015, 08:20
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Residence Permit / Naturalisation with criminal record (UK)

I am a non EU currently on permit B. I plan to apply for permit C when I complete 10 years residency in about a year. Once I get the C permit, how long before I can apply for naturalisation? Can I apply as soon as I have C?
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Old 24.10.2015, 09:30
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Re: Residence Permit / Naturalisation with criminal record (UK)

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Hello,

I am writing on behalf of my friend who has a few questions about Swiss citizenship, residence permit in Switzerland and the relevance of a criminal record.

He is a British citizen. From what I am aware, he has one criminal conviction but this is considered spent under British law. The crime was committed many years ago.

To apply for the B / C residence permits, he is aware of the majority of the requirements except the criminal record check.

1) Is a criminal record check required for application of these permits?

2) If one is required, would an "Enhanced DBS check" from the UK be sufficient for this?

Similarly, are these required for Swiss naturalisation too?

If possible, please reply in English. Otherwise I can translate. Thank you for your time.

Best wishes

Sam
To apply for a B-permit you don't need to provide any criminal record yourself whatsoever. If there is a check, it is done for you/without your knowledge at an internal/administrative level.

To apply for a C-permit, it depends on the nationality. For a British citizen, you do not have to provide anything yourself. The check will be done for you at the appropriate administrative level.

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He would have to stay in Switzerland for the full period to even qualify for naturalisation. Under the new law coming into force in late 2016/early 2017 the minimum number of years of residency is being reduced from 12 to 10 years. Plus he'll need to speak the official Swiss language of the canton he lives in and have a C permit (granted after 5 years for EU nationals at the moment).
He would have to speak one of the official languages. Some cantons have more than one language. The applicant only has to speak one of them.
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Old 24.10.2015, 11:56
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Re: Residence Permit / Naturalisation with criminal record (UK)

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I am a non EU currently on permit B. I plan to apply for permit C when I complete 10 years residency in about a year. Once I get the C permit, how long before I can apply for naturalisation? Can I apply as soon as I have C?
No, there's no time limit for naturalisation applications once you have a C permit. So long as you meet the requirements under the new law you can apply as soon as you have a C permit.
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Old 24.10.2015, 14:26
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Re: Residence Permit / Naturalisation with criminal record (UK)

You seem to be an expert in these matters Medea and you provide your advice so generously to this forum. Many thanks!
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