Refused Swiss naturalisation: appeal and reapplying

Outcomes

The possible outcomes

Not admitted

SEM does not enter into an application when advance fees are not paid in time, or issues a reasoned, appealable non-entry decision when formal conditions are not met.
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Suspended

SEM suspends the naturalisation procedure while criminal proceedings against the applicant are pending until they are finally concluded.
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Closed without decision

The canton may write off an application if the applicant no longer meets the conditions before naturalisation; SEM also writes off unpaid applications without further notice.
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Refused

SEM refuses the federal permit after a written hearing if formal or material conditions are not met; the refusal is reasoned and costs CHF 300.
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Appeals

Appeal routes and deadlines

Appeal, ordinary route

Cantonal refusals of ordinary naturalisation go to a cantonal court as last cantonal instance; SEM states only a subsidiary constitutional complaint to the Federal Supreme Court is then possible.
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Appeal against refusal of the federal permit

SEM's refusal of the federal permit can be challenged at the Federal Administrative Court by the applicant, canton and commune, and SEM states that court's decision is final.
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Appeal, facilitated routes

Negative facilitated naturalisation decisions can be appealed to the Federal Administrative Court; cantons and communes may also challenge positive decisions there and then before the Federal Supreme Court.
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Appeal deadline

The appeal period is 30 days from the day after notification, with statutory standstill periods around Easter, 15 July to 15 August and 18 December to 2 January.
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Who may appeal

Besides the applicant, the affected cantons and communes also have standing to appeal at federal level.
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Reapplying

Remedying the reason and reapplying

Repaying social assistance

Receipt of social assistance in that period is not disqualifying if the assistance has been repaid in full.
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Criminal record assessed case by case

For all other visible VOSTRA entries SEM decides on integration according to the sanction level, but cannot assume integration while a sanction is unexecuted or probation runs.
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Pending criminal proceedings

Where criminal proceedings are pending, SEM suspends the naturalisation procedure until they are finally concluded; SEM treats proceedings as pending from the first police investigative step.
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New application after annulment

After a final annulment a new application can be filed only after two years; this waiting period does not apply to the included children.
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More guides

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Questions

Refusals and appeals: common questions