According to the Federal Law on the Acquisition and Loss of Swiss Nationality (LN), anyone wishing to obtain Swiss citizenship must have lived in Switzerland for twelve years, have had an irreproachable attitude during that time and be fully integrated in the Swiss community. Modifications to the Law on the Acquisition and Loss of Swiss Nationality often occur as the result of amendements by the legislator of the Law on foreigners in general (for example, the suppression of the automatic acquisition of Swiss citizenship in the case of a union between a Swiss citizen and a foreign person, the refusal of an acquisition of citizenship made easier for second and third generations of foreigners etc.).
In addition, the procedure is made more complicated by the intervention of several actors, this being imposed by Switzerland’s political organization. Indeed, in Switzerland, the Federal State is characterized by the juxtaposition of three political and administrative entities; the Central state or Confederation, the canton and, finally, in most cantons, the commune. This confederative structure of Switzerland in particular enables every canton to impose, in addition to federal demands, its own conditions regarding naturalisation.
Federal Law on the matter prescribes that «residence is, for a foreign person, the presence in Switzerland in conformity with the immigration authorities’ legal provisions» (art. 36 al. 1 LN). Yet, according to the Law on foreigners, residence can be temporary or lasting. In this latter case, the foreign person will, after five to ten years depending on the circumstances, obtain a settlement authorization (commonly called a C permit).
On the other hand, people residing in Switzerland that benefit from temporary residence authorizations will, sooner or later, have to leave Swiss territory once the objective of their stay is completed. As in the case of a student having completed his studies, for example.
Paradoxically, a person having resided in Switzerland for twelve years as a student cannot hope to obtain a residence permit, but, on the other hand, will be able to ask for the citizenship of the canton he’s been a resident of.
Therefore, in the case of a literal and far too restrictive interpretation of the law, this duality can result in a refusal to renew a residence permit for a foreign student, even though the latter, considered as totally integrated from the standpoint of Swiss nationality law, is in the process of becoming a Swiss citizen.
Such a practice, applied by federal authorities consistently for nearly two years, has resulted in numerous appeals addressed to the Federal Administrative Court, the outcomes of which are awaited with interest.
Nowadays we can observe two contradictory trends in the evolution of Swiss nationality law: on the one hand, a push for greater restriction of access to Swiss citizenship supported by part of the Swiss people and put forward by certain political parties, and on the other, a previously unseen opening of the frontiers illustrated notably by the upheaval represented by the implementation in June 2002 of the Free Movement of Persons Agreement between Switzerland and the European Union. This important legislative modification and the implementation on January 1, 2008 of the new Federal law on foreigners (Letr) establish a clear distinction between European nationals seeking a residence permit and nationals from third party countries interested in settling down in Switzerland. Taking into account an increasing migratory push from the most disadvantaged countries, there are fears that this distinction will become more and more pronounced with time.
