To obtain Swiss nationality, it is necessary to fulfill several key conditions, notably successful integration, familiarity with living conditions in Switzerland, and not endangering the country's security (Art. 11 Swiss Nationality Act, SNA).
Application for Naturalization
The application for naturalization must be submitted to the naturalization sector of the Population Service (Art. 2 para. 1 RLDCV) and is then forwarded to the State Secretariat for Migration (SEM) (Art. 13 para. 2 and 3 SNA).
Public Order Criteria
Successful integration requires respect for public safety and order (Art. 12 para. 1 let. a SNA). This includes respect for both Swiss and foreign legal orders. For example, a serious traffic violation can constitute a breach of the Swiss legal order. If the applicant has a criminal record, it is generally considered a failure of integration (Art. 4 para. 2 OLN).
Calculation of Infraction Clearance Deadlines
For offenses to disappear from the criminal record, a specific period must expire. For instance, for custodial sentences of less than one year, the period is the duration of the sentence plus 10 years. Thus, for a sentence of 6 months, one must wait 10 years and 6 months for the record to be cleared.
Exceptions to Clearance Deadlines
It is possible to grant naturalization authorization before the expiration of the clearance period for certain minor offenses, such as a suspended fine of a maximum of 14 daily penalty units.
Conclusion
The naturalization process involves several cantonal and federal authorities and is subject to the condition of respecting public order, which is linked to entries in the criminal record. Clearance deadlines vary depending on the offenses, but exceptions exist. The complexity of criminal record entries requires a careful study of each individual case.
For more information or assistance regarding foreign law, contact the Valentin Legal Consultation (021 351 30 00 or www.cjdv.ch).
Author of the article: Albiona Zeqiri
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