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Old 03.06.2019, 13:05
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Facilitated Naturalization, ordinarily naturalized spouse

Hi all,

Apparently according to the law which came in effect in 2018, if one of the spouses received ordinary naturalization after the marriage, the other one cannot do facilitated naturalization, and has to apply for an ordinary one. Do you know if the time requirement in this case is still 10 years for the foreign spouse?(Although the other spouse is now swiss).

What I would find more logical in this case is that the clock (for 3 years marriage) for the foreign spouse starts from the time that the swiss spouse received the ordinary naturalization. Do you know if this is the case?

Can one challenge this law?

One last question: let’s assume “hypothetically”, that the two get separated and remarry now. Would this fall into the case of facilitated naturalization category or there is another piece of law that this would violate?

Thanks!
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Old 03.06.2019, 13:31
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Re: Facilitated Naturalization, ordinarily naturalized spouse

Speaking from experience, at least under the old law, there wasn't too much difference in normal and facilitated. I mean you still had to show language ability and integration, go through commune committee and approval, police checks, etc.. Qualifying time was different though.

Just what provision are you trying to get around? as I'm not sure there would be a big difference.
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Old 03.06.2019, 13:40
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Re: Facilitated Naturalization, ordinarily naturalized spouse

As to whether you can challenge this: no. It´s the law.


Would it work with divorcing and remarrying? I´m sure they´ll have a VERY close look at your application then.


You realize that for some time they can still revoke your naturalization?
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Old 03.06.2019, 13:45
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Re: Facilitated Naturalization, ordinarily naturalized spouse

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Can one challenge this law?
Sure. But on what grounds? So the true question would be: How likely will you succeed. Considering the law was approved by the Swiss voter (silently, there was no actual referendum) it is de facto constitutional. Also citizenship is only briefly mentioned in the UN human rights convention (Art. 15) I do not see much chances of success.

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One last question: let’s assume “hypothetically”, that the two get separated and remarry now. Would this fall into the case of facilitated naturalization category or there is another piece of law that this would violate?
Hypothetically speaking? They could say the marriage is not stable and more importantly the second marriage was done to get citizenship for the spouse.
Apart from that it would be according the letter of the law and facilitated naturalization should be possible.

It might not be not compatible with the European Convention for the Protection of Human Rights and Fundamental Freedoms. In particular Article 8 and 14 https://www.coe.int/en/web/conventio...00001680063765

Be aware that Switzerland did not ratify nor signed Protocol No. 12 http://www.coe.int/documents/16695/9...=1371222816000
https://www.eda.admin.ch/eda/en/home...an-rights.html

If you want to challenge it you must apply for facilitated naturalization, get it denied, formally object to the decision and fight through all relevant Swiss courts and than finally bring the mater to the European Court of Human Rights, once they decide in your favor wait until the Swiss actually change the law and then finally get what you wished for. This might take 3 years.
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Old 03.06.2019, 13:50
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Re: Facilitated Naturalization, ordinarily naturalized spouse

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Speaking from experience, at least under the old law, there wasn't too much difference in normal and facilitated. I mean you still had to show language ability and integration, go through commune committee and approval, police checks, etc.. Qualifying time was different though.

Just what provision are you trying to get around? as I'm not sure there would be a big difference.
Facilitated: Mainly decided on federal level based on standard criteria. If there is no solid ground for objection you will get Swiss citizenship.

Normal: Mainly decided on communal level based on standard criteria but also on vague, emotional, non-formal criteria. Not an issues in big cities such as Lausanne, Zurich etc.
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Old 03.06.2019, 17:48
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Re: Facilitated Naturalization, ordinarily naturalized spouse

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Sure. But on what grounds? So the true question would be: How likely will you succeed. Considering the law was approved by the Swiss voter (silently, there was no actual referendum) it is de facto constitutional. Also citizenship is only briefly mentioned in the UN human rights convention (Art. 15) I do not see much chances of success.
Thanks for the thorough answer. My problem with this law is its logic, and the question is can one challenge it based on the logic and fairness?

So here are two scenarios that makes this law look weird:

Scenario 1. consider these four persons:
A1: arrived in CH at 2008
A2: arrived in CH at 2008
B1: arrived in CH at 2014
B2: arrived in CH at 2014

Both A1 and A2 received their ordinary naturalization on 2018 (after 10 years).
A1 and B1 are married since 2017 (before A1 received naturalization).
A2 and B2 are married since 2018 (after A2 received naturalization).

Now, B1 has to wait until 2024 to receive ordinary naturalization, but B2 can apply for facilitated naturalization in 2021, after 3 years of marriage.
As you can see the only factor defining the time of naturalization for B1 and B2 is really the time of marriage, not their integration, knowledge of CH, language, etc.

Scenario 2. A1 and B1, mentioned above, divorce and get married again in 2018, now B1 can apply for facilitated naturalization (thus my question!).

As you can see both of the above scenario's seem ridiculous and the time of marriage should play little (or close to none) role in the naturalization, but it does under the current law!

Essentially with scenario 1, I see an unfair implication of law (I am really not an expert in law and don't know if this even makes sense), and I am wondering if one can challenge it from this point of view.
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Old 03.06.2019, 19:45
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Re: Facilitated Naturalization, ordinarily naturalized spouse

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As you can see both of the above scenario's seem ridiculous and the time of marriage should play little (or close to none) role in the naturalization, but it does under the current law!

Essentially with scenario 1, I see an unfair implication of law (I am really not an expert in law and don't know if this even makes sense), and I am wondering if one can challenge it from this point of view.
It always played a role, not just since the new regulation.

As SitUS said, it was the vote from the Swiss people. You can of course spend thousands to try and change this.

Where are you from originally? Any country has laws and regulations people complain about.
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