Naturalization despite traffic offence

Anyone who wants to be naturalized in Switzerland must prove that they have lived a law-abiding life. Naturalization despite a traffic offence is often difficult. Even in the case of seemingly minor offenses – such as a conviction for speeding or another violation of the Road Traffic Act (SVG)– there is a risk that the naturalization procedure will fail.

What counts as a problem case?

The amount of the fine is not the only decisive factor for naturalization despite a traffic offence. As a rule, a conviction for a misdemeanor is problematic. Even a conditional fine in the lower range (e.g. 20 or 30 daily rates) is sufficient to prevent naturalization.

Typical examples:

• Exceeding the speed limit by more than 25 km/h in urban areas
• Driving under the influence from 0.8 per mille

The legal situation is clear: waiting periods are mandatory

After Article 12 para. 1 let. a BüG and – and often also cantonal regulations – even in the case of a conditional fine, at least the probationary period, and regularly even an additional waiting period of three years, must be waited for.

regardless of the seriousness of the offense, a minimum waiting period of 3 years from the date on which the judgment becomes final.

During this time, no application for naturalization can be submitted or approved. A “repair” through positive behavior or other measures is not possible. Naturalization is also not possible during pending criminal proceedings.

Does this also apply to first-instance decisions?

Yes, the decisive factor is when the judgment becomes final – i.e. as soon as it can no longer be appealed. This effect also occurs in summary penalty order proceedings conducted by the public prosecutor’s office.

What does this mean for those affected?

• Anyone who has received a conditional fine must wait until the waiting period has expired.
• Only then can a new application for naturalization be examined.
• However, there are generally no obstacles in the case of pure administrative fines without an entry in the criminal record.
• If criminal proceedings are pending, naturalization can only take place in the event of discontinuation or acquittal.

Conclusion:

Naturalization despite a traffic offence is usually only possible after a certain period of time. Even minor SVG offenses can have major consequences. Even conditional fines trigger a mandatory ban period of several years – even if the traffic offense may seem harmless at first glance.

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