Becoming Swiss and living in France

Becoming Swiss and living in France

"I'm a French citizen who grew up in Geneva, but now I'd like to move to France and obtain Swiss nationality at the same time. Is this possible?"

Anita (Lancy)

Swiss law provides for two separate naturalisation procedures.

The first of these is the facilitated naturalisation procedure, which is available under certain conditions to foreign spouses of Swiss nationals and foreign children of whom at least one parent is Swiss. The conditions for facilitated naturalisation are set out in the federal law on nationality, and the decision to grant naturalisation is the exclusive responsibility of the Confederation; the Cantons and Communes only have a right of appeal.

The ordinary naturalisation procedure applies to other applicants who do not meet the conditions for facilitated naturalisation. The Federal Nationality Act also lays down the conditions for naturalisation. However, the decision to grant naturalisation does not rest solely with the Confederation, but also with the applicant's Canton and Commune of residence.

There are five conditions laid down by federal law. Firstly, the applicant must have resided in Switzerland for 12 years, three of which must have been in the five years preceding the submission of the application; it should be noted that the years during which the applicant resided in Switzerland between the ages of ten and twenty count double towards the calculation of this period. The applicant must also be integrated into the population and have become accustomed to local customs. Finally, they must respect the Swiss legal system and not represent a threat to the country's internal or external security.

Foreign nationals who meet these conditions must then comply with the requirements imposed by cantonal and municipal regulations. The requirements vary from canton to canton and from municipality to municipality. For example, Geneva's cantonal legislation stipulates that the applicant must have effectively resided in the canton for 2 years, including the 12 months preceding the submission of the application. In addition, the applicant must meet the so-called aptitude conditions set out in the Geneva Nationality Act, which include enjoying a good reputation and having sufficient financial means.

Once the application has been lodged, a procedure is initiated to enable the authorities to examine whether the conditions laid down in the various laws have been met. To do this, Geneva law requires that the applicant actually reside in Switzerland throughout the procedure. As a result, you must remain resident in Switzerland until the day the decision closing the naturalisation procedure is handed down.