Hello,


I have a friend that is married with a Swiss woman. He doesn't have a Swiss citizenship, he was borne outside Europe. In 2017 he was hired by a Swiss based company to work in Romania on one of their projects there.

Since he was hired he has spent almost all his time living in Romania, but continued to pay taxes, health insurance and a flat in Geneva. Unfortunately the project was very demanding and he could spend only a few days per year in Switzerland.

His wish and plan was to gain a Swiss citizenship, on the basis of his marriage and on account that he was hired by this company.

Will the fact that he wasn't living in the country, but abroad (while still paying all the due taxes in Switzerland) affect his chances of getting a citizenship?


Thank you in advance for your answers!

Being hired by a Swiss company has nothing to do with it. He can apply for citizenship via his marriage if he meets the necessary criteria. Residency may be a problem and I'm not sure if, under the new citizenship law that came into force this year, he needs a C permit or not.

He needs to be resident in Switzerland for a minimum of 5 years and some communes insist he resides at least 2 or 3 of those years in same commune.


(this is the criteria once married to a Swiss citizen)

Just read what is written in the law: https://www.admin.ch/opc/en/classifi...index.html#a21

Nope.

If not resident in CH, 6 years of marriage, and the comunes have no say if married to a Swiss, resident or not.

In any case, it is the commune of the attinenza of the Swiss spouse that matters, that of residence is irrelevant.

And no language requrement in either case.

Tom

Nonsense, language required in all cases.

OP, my guess is that he had an international assignment and was considered resident during those years. Do check out what kind of contract he had and what was his residence status. But that time wouldn't be enough anyway, would just add up.

If your friend really needs this info, it might be easier if he asks himself.

Puzzled by some of these answers - if he's paying tax and health insurance in Geneva then he's clearly employed, therefore resident, in Switzerland, no? In which case the fact that he's spent a lot of time out of the country shouldn't make any difference to citizenship requirements.

In that case he is also liable for taxes in Romania as he works there full-time.

Nonsense, it is not required for simplified naturalisation (i.e. married to a Swiss), nor is residence.

Tom

Expat contracts are a bit different i.e. the company is obligated to pay some social contributions and taxes there too, but the expat's residence is still somewhere else. I'm not sure if that time could count towards gaining Swiss citizenship, however, when it comes to residence permit renewal they do count. Or should. But hey ho, CH could be different than any other country in all regards.

"I have a friend that is married with a Swiss woman."

Residency is NOT required, just 6 years of marriage.

Tom

Such ignorance

I can't speak for any case other than our own, but:

OH was on an expat contract and permit B for the first 5 years we were here. As such he paid full fat Swiss income tax just as any other resident would have done. (And of course Uncle Sam's pound of flesh too, but that is the joy of the blue book...)

The 'perk' of the expat contract was that OH paid US social sec rather than AHV and was allowed to have company-provided international health insurance rather than Swiss health insurance.

The 5 years on the expat contract do indeed count towards qualification for C permits and for citizenship. We received our C permits after 5 years here, all on expat contract, and would have been able to apply for citizenship after 12, 5 expat, 7 local) had we been inclined to do so. The latter was verified with the canton back when we were toying with the idea.

Of course all this is many years ago.

Those 5 years where OH paid US Soc Sec rather than AHV mean that his AHV pension will be pro-rated at 5 years less than the years he spent working here/44, as one would expect.

And of course in the case of the OP, facilitated naturalisation applies as he is married to a Swiss. I am only bringing this up in response to the question of expat status vs years of residency qualification for the rest of us hoi-poloi.

Not on my part:

"Art. 21 Wife of a Swiss man or husband of a Swiss woman

2 Any person who lives or has lived abroad may also apply provided he or she:

a. has lived for six years in marital union with his or her wife or husband;

and

b. has close ties with Switzerland."

No language or residence requirements.

Tom

Read Art. 20 which sets the default rules for facilitated naturalization. Then jump to Art. 12.

See also Section 512/12 in the SEM Handbook
https://www.sem.admin.ch/dam/data/se...g18-kap5-i.pdf
and also 422/131 in case the application is not made from abroad
https://www.sem.admin.ch/dam/data/se...g18-kap4-i.pdf

Yes your part. Learn to read the whole section.

Art. 20 Substantive requirements
1 In the simplified naturalisation procedure, the criteria for integration set out in Article 12 paragraphs 1 and 2 must be met.

It was all over the news that from 1/1/2018 the laws changed and language is required even for facilitated naturalisation.

Btw, mr almighty mode Ace1 gave me a red blob saying "Either prove you're right or stop accusing others of ignorance". Did you give the other guy a red blob too?

Thank you @Tom and also thank you very much @bugger:

Readin the points in the law:https://www.admin.ch/opc/en/classifi...index.html#a21

Just rffering to art 12 Criteria for integration
1 Successful integration is demonstrated in particular by:

a. showing respect for public security and order;
b. respecting the values enshrined in the Federal Constitution;
c. being able to communicate in a national language in everyday situations, orally and in writing;
d. participating in economic life or by acquiring an education; and
e. encouraging and supporting the integration of one's wife or husband, registered partner or the minor children for whom one has parental responsibility.

The language issue is not a thing, he speaks fluent french.
Point "d. participating in economic life" considering that he is paid on a contract in CH and pays all taxes for this in CH could consider this check also. (There are no taxes to be paid in Romania as expat from what he told me).

Now jumping to art 21, par 2 Any person who lives or has lived abroad may also apply provided he or she:

a. has lived for six years in marital union with his or her wife or husband; and
b. has close ties with Switzerland.

Basically all he needs is to wait 6 years, this is the only mandatory thing, the law has no real requirement for actual living in CH during this 6 years?

Thank you all!

Using this logic, you also participate in economic life in case you have a holiday home here, for which you also pay taxes.

(hint: that also doesn't count)