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Old 16.08.2020, 12:55
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Eligibility for Swiss citizenship in four years

Team,

I lived in CH btw 2012-2018 with valid C permit, after which was sent by my company to Dubai for 2 years on a mission for my company, during this period i properly put my C-permit on hold based on letter from my employer. In fact i duly paid my insurance, taxes in CH during this time.

Recently i returned back to the same employer and got my C permit and moved back into my same address, which i originally gave for sublet.

In this regard, i would like to ask whether those two years away from CH will make me ineligible for Citizenship due to break of two years?

Do I need to restart from the beginning for the count to 10 years?

Can I go to my kreisburo to seek their confirmation?

I kindly appreciate your expert advice, as i need to take some personal and career decisions based on this.

Thanks
Pavan
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Old 16.08.2020, 13:07
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Re: Eligibility for Swiss citizenship in four years

For normal naturalisation every Gemeinde and Canton has slightly different rules so hard to say. I suspect those 2 years won’t count but won’t reset the clock completely. For example for facilitated naturalisation, you need to have lived in CH for a total of 5 years, including the previous 12 months ... so you can have breaks where you were away.

https://www.bern.ch/themen/auslander...-einbuergerung

Bern say; A total of 10 years of residence in Switzerland, of which 3 were in the last 5 years prior to submitting the application.

So you don't need to do ten years starting from now (continuous), but you do need 10 in total, plus 3 in the last 5.
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Old 16.08.2020, 13:45
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Re: Eligibility for Swiss citizenship in four years

Big thanks for your feedback, I forgot to mention, I'm in Zurich now, are the same rules applicable?

Many thanks
Pavan
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Old 16.08.2020, 14:19
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Re: Eligibility for Swiss citizenship in four years

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Big thanks for your feedback, I forgot to mention, I'm in Zurich now, are the same rules applicable?

Many thanks
Pavan
https://www.stadt-zuerich.ch/portal/...rgerungen.html
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Old 16.08.2020, 14:28
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Re: Eligibility for Swiss citizenship in four years

Many thanks
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Old 16.08.2020, 14:56
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Re: Eligibility for Swiss citizenship in four years

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For normal naturalisation every Gemeinde and Canton has slightly different rules so hard to say.
The rules are mostly the same for all of Switzerland. The variance of the rules are, for the above question, not relevant.

Communes and cantons can request a continuous, uninterrupted residency of 2 up to 5 years in the commune or canton. Art. 18 Swiss Citizenship Act
(Vaud: Just 2 years in the canton, Uri: 5 years in the commune)

On federal level you need to have been a resident in Switzerland for at least ten years, three of which have been in the five years prior to making the application. Art. 9 Swiss Citizenship Act

Only actual residency counts. The two years you have been abroad do not count.

In other words: You you will need between 4 (to meet the 10 years) and 5 (to meet the cantons or communes interrupted stay) additional years of residency.
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Old 16.08.2020, 15:03
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Re: Eligibility for Swiss citizenship in four years

Thanks,

This means my daughter who is 8 now, and spent first 6 years already here, need to wait for another 4 years in Zurich to apply instead of 2 years ( factoring 2x rule), to fulfill that federal rule?

Cheers
Mage
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Old 16.08.2020, 15:29
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Re: Eligibility for Swiss citizenship in four years

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This means my daughter who is 8 now, and spent first 6 years already here, need to wait for another 4 years in Zurich to apply instead of 2 years ( factoring 2x rule), to fulfill that federal rule?
Two more years are enough as the years from 8 to 18 count double:

See second part of Art. 9 Swiss Citizenship Act which reads:
"When calculating the length of residence mentioned in paragraph 1 letter b, the period that the applicant has lived in Switzerland between the ages of 8 and 18 counts as double. The actual length of residence must however amount to at least six years"

Also in canton of Zurich young people from age 16 to 25 only need an uninterrupted stay of two years in the canton, but not in the commune.

Edit: I am not sure if the 3 out of 5 years is also halved in case of an 8 to 18 years old. If not the minimum additional stay for the daughter would be 3 years.

Edit2: Note that stay on L do not count, als stay as a tourist do not count. Stay on legitimation card and Ci count. Stay on permit F count half. Stays abroad on request of the employer or for education purposes count if they are shorter than one year. Otherwise, for example in case of vacation you might be abroad for up to 6 months. Short, temporary visits to Switzerland, such as business trips or holidays do not interrupt the previous mentioned periods.
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Old 16.08.2020, 15:53
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Re: Eligibility for Swiss citizenship in four years

Many thanks for the clarification. With regards to below clause (edit pasted below).. Do you know who could clarify this? Should I speak to my kreisburo or a lawyer? I would like to know when to kick start the process in 2 Vs 3 years. Hope you understand my predicament.

Cheers
Pavan

Edit: I am not sure if the 3 out of 5 years is also halved in case of an 8 to 18 years old. If not the minimum additional stay for the daughter would be 3 years.
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Old 16.08.2020, 16:20
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Re: Eligibility for Swiss citizenship in four years

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Many thanks for the clarification. With regards to below clause (edit pasted below).. Do you know who could clarify this? Should I speak to my kreisburo or a lawyer? I would like to know when to kick start the process in 2 Vs 3 years. Hope you understand my predicament.
I suggest to contact the State Secretariat for Migration SEM
https://www.sem.admin.ch/sem/en/home...s/kontakt.html
they publish the Handbuch Bürgerrecht which is the bible how the citizenship law should be interpreted. Not that it is fully correct as it is every so often amended or changed after a court decided something else or someone asked them a question which is not fully answered, like you.

I cannot see you what a lawyer can do then charge you good money and ask SEM also. Cut out the middle man and do it on your own free of charge (or may be a post stamp).

You will have a pretty solid answer if they says that two years are enough. If not you might have to decide how to proceed. Be aware that before you could challenge it in a court you must first apply for citizenship, than get rejected, than formally object against the rejection, than have your objection and view of the law dismissed, and than you can object at a higher authority or court (depending on whom had issued the negative decisions), rinse repeat up to the federal court.
https://www.zh.ch/de/politik-staat/s...gsgericht.html

If happens it might be faster to simply reply a year later. You might still object and go to court out of principle and for all the good people to come.
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Last edited by aSwissInTheUS; 16.08.2020 at 16:51. Reason: Fixed some gibberish add link to administrative objection process.
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Old 16.08.2020, 16:31
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Re: Eligibility for Swiss citizenship in four years

Very clear and helpful mate...
I'll connect with SEM and will update here when I get a response, as it's a good to know info.

Cheers
Pavan
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