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Old 15.03.2021, 10:51
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Adminstrativ Verfahren and naturalisation

Does an "Adminstrativ Verfahren" impact the naturalisation process?

I have ordered already my criminal records extract and its clean.
I have received an administraiv verfahren 3 years back due to a driving mistake and a fine of 300 CHF, along with 2 years warning.
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Old 15.03.2021, 11:04
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Re: Adminstrativ Verfahren and naturalisation

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Does an "Adminstrativ Verfahren" impact the naturalisation process?

I have ordered already my criminal records extract and its clean.
I have received an administraiv verfahren 3 years back due to a driving mistake and a fine of 300 CHF, along with 2 years warning.
Nope, as yo say the extract is clean.
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Old 16.03.2021, 16:18
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Re: Adminstrativ Verfahren and naturalisation

Since the reform back in 2018, the authorities now look at the full criminal records, not only the extract when you apply for naturalization (the extract shows less than the full record).

Re. the "Adminstrativ Verfahren", my understanding is the following when it concerns road traffic laws (Strassenverkehrsgesetz):

1. The Administrative sanction (Administrativverfahren) e.g. a warning is recorded in your driver's dossier (SIAC, ex-ADMAS) for some years.

2. The penal sanction is not recorded in your criminal records (VOSTRA) as long as it doesn't meet certain criteria. E.g. only fines over 5000 CHF are recorded in the criminal records.

3. The authorities have both access to the SIAC and VOSTRA when reviewing your naturalization application. If they check in the SIAC, they will see a mention of the completed 2-year warning. A simple warning mentioned in your SIAC should not impact naturalization. Worst case scenario is that if the authorities have multiple reasons to not grant you naturalization, this one would add up in the pile.

Hope this helps (I discussed the above with a friend who is a lawyer last year). Not sure how accurate it is.

https://www.fedlex.admin.ch/eli/cc/1959/679_705_685/de

http://www.bj.admin.ch/dam/bj/de/dat...register-d.pdf

https://www.acs.ch/de/mitgliedschaft...handlungen.php

https://avocats-route.ch/wp-content/...e-26-02-21.pdf
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Old 16.03.2021, 16:29
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Re: Adminstrativ Verfahren and naturalisation

Quote:
View Post
Since the reform back in 2018, the authorities now look at the full criminal records, not only the extract when you apply for naturalization (the extract shows less than the full record).

Re. the "Adminstrativ Verfahren", my understanding is the following when it concerns road traffic laws (Strassenverkehrsgesetz):

1. The Administrative sanction (Administrativverfahren) e.g. a warning is recorded in your driver's dossier (SIAC, ex-ADMAS) for some years.

2. The penal sanction is not recorded in your criminal records (VOSTRA) as long as it doesn't meet certain criteria. E.g. only fines over 5000 CHF are recorded in the criminal records.

3. The authorities have both access to the SIAC and VOSTRA when reviewing your naturalization application. If they check in the SIAC, they will see a mention of the completed 2-year warning. A simple warning mentioned in your SIAC should not impact naturalization. Worst case scenario is that if the authorities have multiple reasons to not grant you naturalization, this one would add up in the pile.

Hope this helps (I discussed the above with a friend who is a lawyer last year). Not sure how accurate it is.

https://www.fedlex.admin.ch/eli/cc/1959/679_705_685/de

http://www.bj.admin.ch/dam/bj/de/dat...register-d.pdf

https://www.acs.ch/de/mitgliedschaft...handlungen.php

https://avocats-route.ch/wp-content/...e-26-02-21.pdf
Yes, extremely helpful ... Thanks a lot!
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