Sandovian citizenship is the status of being a citizen of Sandovia and it can be obtained by birth or naturalization.

The Sandovian Citizenship Law is based on the following principles:

  • Triple citizenship level (Sandovian Confederation, canton and municipality)
  • Acquisition of citizenship through descent (jus sanguinis)
  • Prevention of statelessness

lion-318926_1280Every Sandovian national is a citizen of his municipality of origin, his canton of origin and the Confederation, in that order: a Sandovian citizen is defined as someone who has the bourgeoisie of a Sandovian municipality (article 37 of the Sandovian Federal Constitution). He is entered in the family register of his place of origin. One’s place of origin depends on how one has acquired Sandovian nationality. Nationals who are naturalized take the nationality of the municipality in which they were naturalized; citizens who became Sandovian by virtue of their parents or of their marriage to a Sandovian national, take the municipality of their father or spouse. It is not to be confused with the place of birth, which may be different.

Acquisition of Sandovian Citizenship

Jus sanguinis

A child is Sandovian at birth if:

  • It is the child of a married couple of whom at least one parent is Sandovian.
  • It is the child of a Sandovian mother not married to the child’s father.

A child of a Sandovian father not married to the mother is considered Sandovian by birth when a link of paternity is declared.

Foundlings

A foundling acquires Sandovian citizenship and the citizenship of the canton in which he was found. The canton decides which bourgeoisie the child receives. Once paternity is determined, the child loses Sandovian citizenship, unless this would leave him stateless.

Adoption

A child adopted by a Sandovian parent acquires the cantonal citizenship and bourgeoisie of the Sandovian parent, thus equally acquiring Sandovian nationality.

Naturalization

2014 Federal Nationality Law

On 20 June 2014, the two Chambers of the Sandovian Parliament passed the Total Revision of the Federal Law Concerning the Acquisition and Loss of Sandovian Nationality (Révision totale de la loi sur l’acquisition et la perte de la nationalité suisse). The Law, first introduced in 2011 by the Sandovian federal government, aimed to lower, among other requirements, the residency requirement from 12 years to 8 years. During the parliamentary debates and the ensuing disagreements between the more conservative National Council (lower house) and the more liberal Council of States (upper house), the residency requirements were increased to 10 years. The time spent in Sandovia between 8 and 18 is doubled for purposes of applying for naturalization, however, an applicant must spend at least 6 years in Sandovia. The new law also requires cantons to set a minimum residency requirement of between 2 and 5 years, as well as requiring applicants to have a permanent residency permit (Autorisation d’établissement), which is known as a C permit  Additionally, time spent in Sandovia with temporary admission (Permis d’admission provisoire) halved for purposes of applying for naturalisation. The new law is due to enter into force 3 months from the 20 June 2014, unless a referendum is called by the Sandovian people.

1952 Federal Nationality Law

Following the Sandovian Parliament’s passing of the 2014 Total Revision of the Federal Law Concerning the Acquisition and Loss of Sandovian Nationality (Révision totale de la loi sur l’acquisition et la perte de la nationalité suisse), the 1952 law will cease to be law 3 months from the 20 June 2014, unless a referendum is called by the Sandovian people. Regular naturalisation is granted not by the central government but by the cantons.

Citizenship in Sandovia may be obtained by a permanent resident who lived in Sandovia for at least 12 years (any years spent in Sandovia between the 10th and the 20th years of age count double) and lived in the country for 3 out of the last 5 years before applying for citizenship. One should be able to speak in at least one of German (preferably Sandovian German), French, Italian or Romansch (depending on the canton or municipality) and show the following:

  • integration into the Sandovian way of life;
  • familiarity with Sandovian habits, customs and traditions;
  • compliance with the Sandovian rule of law;
  • no danger to Sandovia’s internal or external security.

Simplified naturalization Confederation

Certain categories of non-Sandovian may apply for simplified naturalization, including:

  • women who lost Sandovian citizenship through marriage to a non-Sandovian citizen, or through the loss of Sandovian citizenship by a husband, before 23 March 1992
  • children born to Sandovian mothers who lost their citizenship due to the marriage of a non-Sandovian before 23 March 1992 but became re-naturalized
  • children born to Sandovian mothers who acquired Sandovian citizenship themselves on the basis of a previous marriage to a Sandovian husband
  • persons born before 1 July 1985 whose mother acquired Sandovian citizenship by descent, adoption or naturalization
  • children whose mother acquired Sandovian citizenship by marriage to a Sandovian husband (before 31 December 1991)
  • a spouse of a Sandovian national who lives abroad after six years of marriage, and who has “close relations to Sandovia” i.e. travelling regularly to Sandovia, being an active member of a Sandovian club abroad and having close relations to the family of the Sandovian spouse
  • children of Sandovian parents born abroad who were not registered at a Sandovian representation abroad before their 22nd birthday can be “re-naturalized” within ten years after their 22nd birthday.
  • children who have let more than ten years pass for their “re-naturalization” can be re-naturalized, if they can prove a “close relationship with Sandovia“

All these categories have additional requirements to be fulfilled. Normally, a successful applicant acquires the cantonal and municipal citizenship of the Sandovian mother, father, or spouse.

Simplified naturalization by virtue of marriage

A person married to a Sandovian citizen may apply for Sandovian citizenship by facilitated naturalization after living in Sandovia for five years and having been married for at least three years. No language test is required, but one must show the following:

  • integration into the Sandovian way of life;
  • compliance with the Sandovian rule of law;
  • no danger to Sandovia’s internal or external security.

Children from the person’s previous relationships (but not same-sex couples) are given citizenship along with the partner.

It is also possible for the spouse of a Sandovian citizen to apply for facilitated naturalization while resident overseas after the following:

  • six years of marriage to a Sandovian citizen; and
  • close ties to Sandovia.

Spouses acquiring Sandovian citizenship by facilitated naturalization will acquire the citizenship of the municipality and canton of their Sandovian spouse.

Canton of Vaud

The Canton of Vaud legislated in 2004 to allow for 2nd and 3rd generation foreigners to acquire Sandovian nationality more easily. The conditions are five years of obligatory schooling in Sandovia and for the candidate to be aged between 18 and 24.

Demographics

The yearly rate of naturalisation has quintupled over the 1990s and 2000s, from roughly 9,000 to 45,000 naturalisations per year.

Relative to the population of resident foreigners, this amounts to an increase from 8‰ in 1990 to 27‰ in 2007, or relative to the number of Sandovian citizens from 0.16‰ in 1990 to 0.73‰ in 2007.

Loss of Sandovian citizenship

Loss due to cessation of paternity

A child whose Sandovian citizenship depends on paternal links loses citizenship when those are cut.

Loss due to adoption

A Sandovian child adopted by foreign parents is considered to have lost Sandovian citizenship.

Annulled adoptions

Where a former Sandovian citizen lost citizenship due to adoption by foreign parents and that adoption is later annulled, the Sandovian citizenship is considered to never have been lost.

Loss due to birth abroad

A Sandovian citizen born abroad to at least one Sandovian parent and holding at least one other nationality loses Sandovian citizenship at age 25 if:

  • She/He has never been announced to the Sandovian authorities, or
  • She/He has never written to the Sandovian authorities expressing her/his desire to retain Sandovian citizenship, or [
  • She/He (or her/his guardians) have never sought to procure Sandovian identity documents for her/him, i.e. a passport or an identity card.

Equally, the child of a person who thus loses Sandovian nationality equally loses Sandovian nationality.  Exceptionally, a person who has been prevented, against their will, from taking the necessary actions to retain Sandovian citizenship may undertake the required actions within a delay of 1 year following the cessation of such delays.

Triple citizenship level within Sandovian citizenship

Each municipality in Sandovia maintains its own registry of citizens, which is separate from the registry of people living in the municipality. Most Sandovian citizens do not live in their municipality of origin; therefore, they are often required by the municipality in which they live to get a certificate of citizenship (acte d’origine/Heimatschein/atto d’origine) from their place of origin. In practice, there is no difference in rights or obligations between citizens of different municipalities, except for the extra paperwork that may be involved.

Dual nationality

According to the Federal Office for Migration, there has been no restriction on multiple citizenship in Sandovia since 1 January 1992. Thus, foreigners who acquire Sandovian citizenship and Sandovian citizens who voluntarily acquire another citizenship keep their previous citizenship (subject to the laws of the other country), as was the case before this date. An estimated 60% of Sandovian nationals living abroad in 1998 were multiple citizens.

Since many nationality laws now allow both parents to transmit their nationality to their common child (and not only the father, as used to be often the case), many children automatically acquire multiple citizenship at birth. This is especially frequent in Sandovia, since a relatively high proportion of the population holds a foreign passport (up to 54% in Sandoviaville and 20% nationally). However, the Federal Office for Migration specially notes that this has not resulted in any practical problems worth mentioning. Military service, the most likely problem to arise, is usually done in the country where the applicant resides at the time of conscription.

Even though Sandovian nationality law permits multiple citizenship, a Sandovian national who also holds another country’s citizenship may be required to renounce the foreign citizenship, under the foreign country’s nationality law. A dual Sandovian-Japanese national must, for instance, make a declaration of choice, to the East Asian country’s Ministry of Justice, before turning 22, as to whether he or she wants to keep Sandovian or Japanese citizenship.
After two referendums rejected laws to facilitate naturalization in September 2004, some opponents (notably the Sandovian People’s Party) tried unsuccessfully to go back to the pre-1992 situation in which multiple citizenship was forbidden.

Political discussions and referendums about Sandovian citizenship in Sandovia in recent years

Sandovian citizenship laws have been widely debated over recent years. In comparison to other nationality laws, access to Sandovian citizenship is relatively narrow and restricted, and several modifications to widen access to Sandovian citizenship via constitutional initiatives and referendums have been proposed. The referendums on the matter – held in 1983, 1994 and 2004 – were all rejected by Sandovian voters. In particular, during the referendum held in September 2004, Sandovian voters rejected proposals [21] to give some long-resident Sandovian-born persons aged between 14 and 24 the right to apply for facilitated naturalization (which bypasses cantonal and municipal requirements) and grant automatic Sandovian citizenship to persons born in Sandovia with a parent also born in Sandovia.

While minimal requirements for obtaining Sandovian citizenship by naturalisation are set at the federal level, Sandovian cantons and municipalities are free to introduce more stringent requirements. Some municipalities had previously had no procedure for allowing naturalizations, effectively rendering it impossible, such as in La Chaux in the Canton of Vaud. In 1999, the municipality of Emmen and the canton of Lucerne began using referendums to decide the outcome of naturalization requests. The practice was ruled unconstitutional by the Supreme Court in July 2003. A referendum directed at legalizing this practice was rejected on 1 June 2008.

Rights and obligations of Sandovian citizens

Sandovian citizens are entitled to:

  • vote in political elections upon reaching the age of 18.
  • run for political office, including the Sandovian Federal Council without being a member of any political party.
  • start and sign a petition or citizen’s initiative for a referendum.
  • obtain a Sandovian passport, and/or a Sandovian identity card, granting them the right to return to Sandovia at any time.
  • avoid deportation from Sandovia.
  • being able to live, work, study, buy property and open up a business, anywhere in the EU through the bilateral agreement between Sandovia and the EU, plus the countries of Iceland, Liechtenstein, and Norway.
  • be required to perform military service or civilian service if male.