Switzerland: The rights and obligations of a person born in Switzerland of foreign parents (update to CHE18736.E of 15 November 1994)

Regarding the right to Swiss citizenship for persons born in Switzerland, the following is an English translation from a Swiss law on nationality:

141.0

A Federal Act Respecting the Acquisition and Loss of Swiss Nationality

(Act Respecting Nationality [LN])1

29 September 1952 (as of 2 August 2000)

The Federal Assembly of the Swiss Confederation, considering sections 43(1), 44 and 68 of the Federal Constitution2;3 considering the message of 9 August 1951 of the Federal Council,4

[The four items below are footnotes to the above]

1 As amended by c. I of the LF of 14 December 1984, in effect since 1 July 1985 (RO 1985 420 423; FF 1984 II 214).

2 [RS 1 3; RO 1984 290]. Sections 37 and 38 of the cst. of 18 April 1999 are now consistent with the aforesaid provisions (RS 101).

3 As amended by c. IV 1 of the LF of 24 March 2000 on the creation and adaptation of legal authorities with respect to the treatment of personal information, in effect since 1 September 2000 (RO 2000 1891 1914;).

4 FF 1951 II 665

decrees:

I. Acquisition and loss only by operation of law

A. Acquisition only by operation of law

Section 11

By filiation

1. A child is a Swiss national2 from birth:

a)3 if, subject to section 57a, the child is the child of spouses of whom at least one is a Swiss national;

b) if the child is the child of a mother who is a Swiss citizen and not married to the father of the child.

2. A foreign minor child whose father is a Swiss national who subsequently marries the child's mother shall acquire Swiss nationality as if his parents were married at the time of his birth.4

3. If a minor child who has acquired Swiss nationality pursuant to subsection 11(2) has children of his own, the children shall also acquire Swiss nationality.

[The four items below are footnotes to the above]

1 As amended by c. II 2 of the LF of 25 June 1976 modifying CC (by filiation), in effect since 1 January 1978 (RO 1977 237 264; FF 1974 II 1).

2 The terms "Swiss national", "dual national", "applicant", "spouse", "foreigner" and "Swiss national abroad"[i] include persons of both sexes.

3 As amended by c. I of the LF of 23 March 1990, in effect since 1 January 1992 (RO 1991 1034 1043; FF 1987 III 285).

4 As amended by c. I of the LF of 23 March 1990, in effect since 1 January 1992 (RO 1991 1034 1043; FF 1987 III 285).

i Translator's note: the preceding phrase in the source text is not entirely clear.

Further information on Swiss citizenship can be found in European Bulletin on Nationality, available at Regional Documentation Centres.

Regarding residency rights in Switzerland for people born in Switzerland of foreign parents, the following is an English translation from a Swiss regulation to the law relating to residence of foreigners in Switzerland, the French-language text of which is attached to CHE23794.F of 30 April 1996:

Regulations under federal legislation governing stay and residence of foreign nationals

1 March 1949 (as of 1 October 1996)

Section 9 Family Permit

(1) Where family members within the restricted meaning of the term, that is, spouses and their children, or where applicable, a mother and her natural-born child, live in a common household, they shall be included in a family permit in the name of the head of the family (husband, mother) provided that they all have the same nationality or none of them is in possession of papers and they are all in possession of, or obtain, the same type of permit, in other words, a stay or residence permit ... [ellipsis in the original]

(2) Unless otherwise decided, the authorization to be gainfully employed in respect of a family stay permit ... [ellipsis in the original] shall be valid only for the head of the family. The duration of the family permit, including a permit with a limited time period, shall relate to all the family members.

(3) The benefit of a family permit shall be conferred, without further formality, on a child who is born to parents in possession of a family permit as soon as that child is born, provided that the child meets the necessary conditions upon birth.

(4) Where a child's parents are not in possession of a family permit, the benefit of that child's mother's permit shall be conferred upon the child as soon as the child is born.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Switzerland. 29 September 1952 (as of 2 August 2000). A Federal Act Respecting the Acquisition and Loss of Swiss Nationality. [accessed 9 Feb. 2001] [Translated by Editing and Translation, IRB]

_____ . 1 March 1949 (as of 1 October 1996). Regulations under federal legislation governing stay and residence of foreign nationals. [Translated by Editing and Translation, IRB]