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Old 10.09.2017, 09:30
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Can commune extend minimum residency in CH requirement for citizenship?

Hello,

I live in Dubendorf, and I've heard that Dubendorf requires 15 years in Switzerland (and not 'just' 12 as is required on federal level)? I've never heard before that gemeinde requires total stay in Switzerland beyond X years in given gemeinde.
On Dubendorf website I found:

Je nach Verfahren 15 Jahre bzw. 12 Jahre Wohnsitz in der Schweiz davon die letzten 2 Jahre in Dübendorf

So they mention 15 or 12... and I wonder where does it come from... Any hints / ideas?
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Old 10.09.2017, 10:27
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Re: Can commune extend minimum residency in CH requirement for citizenship?

Residency requirements are set at Federal, Cantonal and Gemeinde levels with each have it's own set of rules. Some cantons require as little as 2 years residency while some others have 12. This is under the current naturalisation law. Under the new law which comes into force on 1st January 2018 all cantonal residency requirements have to be between 2 and 5 years maximum. You can see here that most cantons have now changed their laws to harmonise with the new Federal law.

https://www.sem.admin.ch/sem/en/home...tzfristen.html

Whether the new law affects gemeinde residency requirements as well I don't know. Best to check with your gemeinde admin office to find out what the new requirements will be after 1st January.
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Old 10.09.2017, 14:44
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Re: Can commune extend minimum residency in CH requirement for citizenship?

thanks Medea!!

But trick is, that I've heard that Dubendorf gemeinde has requirement of living in Switzerland for 15 years - not kanton / gemeinde... That to me sounds weird as I was convinced that only federal government had 'live in Switzerland for X years' requirements and towns / gemeindes have in addition to that 'be in given gemeinde for Y years'

It's confusing, saying that I am now in 7th year of my residency in Switzerland so digging into that topic more of curiosity than necessity at that stage.

Regards,
Jacek
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Old 10.09.2017, 15:39
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Re: Can commune extend minimum residency in CH requirement for citizenship?

Well, google translate gives this:

"Depending on the procedure 15 years or 12 years residence in Switzerland of the last 2 years in Dübendorf"

So since Zurich canton requires at least 2 uninterrupted years in the gemeinde my guess would be it would change to something like "2 years residency in Switzerland and at least 2 uninterrupted years in Dübendorf."

But again, only your gemeinde can confirm what they've decided to require under the new law. Whether such lengthy residency requirements as Dübendorf has now are still possible or not allowed under the new law I don't know since I've seen nothing specifying changes for gemeinde/commune requirements mentioned.

I know there were 3 cantons on the list that had between 8 and 12 years as their residency requirements under the current law, but can't remember if Zurich was one of the 3 or not. If it was though that would explain the minimum 12 required by Dübendorf. Then again they may just be stating both the Federal law (12 years minimum) and what is required by the gemeinde (2 years).

It's quite clear under the current law that it's a 3-stage process each of which has it's own residency requirements.

https://www.sem.admin.ch/sem/en/home...uergerung.html

The current law requires a minimum of 12 years residency, under the new law that is cut to 10, but an applicant must have a C permit - B permit holder will no longer be allowed to apply even if they meet the residency requirements.

https://www.swissinfo.ch/eng/natural...p-law/38821516

Note that getting and keeping your permit is also under review by the Federal government.

http://lenews.ch/2016/09/22/tough-ne...gh-parliament/
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Old 10.09.2017, 15:42
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Re: Can commune extend minimum residency in CH requirement for citizenship?

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I know there were 3 cantons on the list that had between 8 and 12 years as their residency requirements under the current law, but can't remember if Zurich was one of the 3 or not.
I don't think it was Zurich. If I recall, their requirement has always been shorter.

Uri was one of the cantons you are thinking of. The requirement was previously 10 years. It is now just 5.
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Old 11.09.2017, 15:35
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Re: Can commune extend minimum residency in CH requirement for citizenship?

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Je nach Verfahren 15 Jahre bzw. 12 Jahre Wohnsitz in der Schweiz davon die letzten 2 Jahre in Dübendorf

So they mention 15 or 12... and I wonder where does it come from... Any hints / ideas?
It could be a typo. Facilitated naturalization requires 5 years, ordinary 12.
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Old 11.09.2017, 15:44
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Re: Can commune extend minimum residency in CH requirement for citizenship?

It is an old law, new law thing. Citizenship law for those not in the know.

Yes, Dübendorf has as of today a very high residency requirement. But not for much longer. With the new federal citizenship law comes a new cantonal citizenship law which leads to a new communal citizenship regulations. Not sure what exactly it will be in canton Zurich but from January 1st 2018 on the longest any commune in Switzerland can request is 5 years of residency.
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Old 11.09.2017, 15:54
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Re: Can commune extend minimum residency in CH requirement for citizenship?

Federal Law is clear on this matter with regards to both, the old and the new legislation, and what exactly is delegated to Cantonal and communal Level.


None of this authorizes or authorized a Gemeinde to rise the years to 15 as a minimum factor, and neither Gemeinde nor Canton has the legal power to establish own rules in contrast to any federal law.


Of course, theoretically one can even need even more time to be eligible, in case of frequent moves from one canton to another or from one municipality to another, outside the country and stuff like this.
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Old 11.09.2017, 15:59
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Re: Can commune extend minimum residency in CH requirement for citizenship?

Found it. https://gaz.zh.ch/internet/justiz_in...rgerrecht.html
In the canton of Zurich it supposedly will be lowered to 2 years for all communes.

This may still change in the near and distant future as AFAIK the final version of the canton Zurich ordinance has not been published AND the underling cantonal law not yet adopted to the new federal law.
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Old 11.09.2017, 16:06
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Re: Can commune extend minimum residency in CH requirement for citizenship?

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Federal Law is clear on this matter with regards to both, the old and the new legislation, and what exactly is delegated to Cantonal and communal Level.


None of this authorizes or authorized a Gemeinde to rise the years to 15 as a minimum factor, and neither Gemeinde nor Canton has the legal power to establish own rules in contrast to any federal law.
The old law does "authorize" it. Because the old law does not specify or limit what the communes and cantons can request regarding residency requirement of foreigners in any way at all. Same goes for the old canton Zurich law and regulation. The communes have the free choice regarding forigeneres.

But you may proof me wrong by citing Article or Paragraphs where it says other wise and make a fool out of me.
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Old 11.09.2017, 16:42
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Re: Can commune extend minimum residency in CH requirement for citizenship?

Thanks everybody, I guess I will stay put and see what happens as now I am in my 7th year of residency in CH (as stated before).

Cheers!
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