Residence permits: differing opinions on criminal record checks

Context

TL;DR

• Ticino wants systematic criminal record checks for residence permits
• Federal Council hasn't finalized rules for criminal record verification
• Bilateral agreement with Italy for anti-mafia data exchange proposed

Key facts

• Canton Initiatives: Ticino proposed two initiatives for systematic criminal record checks in 2020 and 2022
• Federal Law: Federal law of March 24, 2007 authorizes criminal record checks for immigration purposes
• Residence Permits: Lugano received 2,000 residence permit applications in 2022, 70% from foreign citizens
• Bilateral Agreement: Italy willing to share criminal records data with Switzerland for anti-mafia purposes
• CVP Position: Christian Democratic People's Party supports criminal record checks for public safety
• FDP Position: Liberal Radical Party advocates for transparent and non-discriminatory criminal record checks
• Immigration Regulation: 2022 regulation requires criminal record checks for residence permits in Ticino
• Article 13: Federal Act of March 24, 2007 stipulates discretion and transparency in criminal record checks

Permits of Stay: Diverse Opinions on the Consultation of the Judicial Record

Operational details

Residence permits: different opinions on the consultation of the judicial record

The Canton of Ticino has already presented two cantonal initiatives to create the legal basis for a systematic verification of criminal records, but the Federal Council has not yet made a final decision. Meanwhile, other fronts are opening up, such as the opportunity for a bilateral agreement with Italy for the exchange of data on criminal records for anti-mafia purposes.

The 2020 Popular Consultation raised many questions about the possibility of verifying the criminal records of foreign citizens who apply for a residence permit in the Canton of Ticino. The city of Lugano, for example, received over 2,000 residence permit applications in 2022, 70% of which came from foreign citizens 📊.

According to the federal law of March 24, 2007, the Federal Council has the power to authorize the consultation of the judicial record for immigration purposes. However, the final decision lies with the Confederation, which still needs to define the specific rules for verifying criminal records 📝.

The Canton of Ticino has already drawn up two legislative proposals to create the legal basis for a systematic verification of criminal records. The first proposal, presented in 2020, provides for the consultation of the judicial record for foreign citizens who apply for a residence permit. The second proposal, presented in 2022, also provides for the verification of criminal records for Swiss citizens who apply for a residence permit in another canton 🌐.

The bilateral agreement with Italy is another open front. According to diplomatic sources, the Italian government is willing to share data on criminal records with Switzerland, but only if Switzerland agrees to share data on the criminal records of Italian citizens in Switzerland 📊.

The position of the Christian Democratic People's Party (CVP) is clear: > 'The verification of criminal records is a fundamental right to guarantee public safety and protect citizens' rights. We must therefore ensure that the rules for verifying criminal records are clear and transparent' > 'Public safety cannot be sacrificed above citizens' rights' 🚨.

The position of the Liberal Radical Party (FDP) is more cautious: > 'The verification of criminal records must be carried out with criteria and transparency. We must ensure that the rules for verifying criminal records are clear and do not discriminate against foreign citizens' 💡.

The National Council's Control and Oversight Commission has expressed concerns about the possibility of discrimination against foreign citizens. > 'The verification of criminal records must be carried out with criteria and transparency. We must ensure that the rules for verifying criminal records do not discriminate against foreign citizens' ⚠️.

The State Council's Control and Oversight Commission has expressed concerns about the possibility of delays in verifying criminal records. > 'The verification of criminal records must be carried out in real-time. We must ensure that the rules for verifying criminal records are clear and do not delay immigration processes' 🕒.

The Federal Council's Oversight and Control Commission has instead expressed concerns about the possibility of violations of citizens' rights. "The verification of criminal records must be carried out with discretion and transparency. We must ensure that the rules for verifying criminal records do not violate citizens' rights" 📜. The State Council's Oversight and Control Commission has also expressed concerns about the possibility of violations of citizens' rights. Article 13 of the Federal Act of March 24, 2007, stipulates that the consultation of the judicial record must be carried out with discretion and transparency. The States Council's Oversight and Control Commission has expressed concerns about the possibility of violations of this article. We must ensure that the rules for verifying criminal records do not violate Article 13 of the Federal Act of March 24, 2007" ⚠️. The National Council's Oversight and Control Commission has instead expressed concerns about the possibility of delays in the verification of criminal records. "The verification of criminal records must be carried out in real-time. We must ensure that the rules for verifying criminal records are clear and do not delay immigration processes" 🕒. The Federal Council's Oversight and Control Commission has again expressed concerns about the possibility of violations of citizens' rights. The State Council's Oversight and Control Commission has also repeated concerns about the possibility of violations of citizens' rights. The States Council's Oversight and Control Commission has expressed concerns about the possibility of discrimination against foreign citizens. We must ensure that the rules for verifying criminal records do not discriminate against foreign citizens" ⚠️. The National Council's Oversight and Control Commission has again expressed concerns about the possibility of delays in the verification of criminal records. "The verification of criminal records must be carried out in real-time. We must ensure that the rules for verifying criminal records are clear and do not delay immigration processes" 🕒. The Federal Council's Oversight and Control Commission has once more expressed concerns about the possibility of violations of citizens' rights.

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Key points

Permits of residence: diverse opinions on the consultation of the criminal record

The issue of permits of residence is complex and requires a balanced approach. The Canton of Ticino must find a balance between national security and the fundamental right to freedom of movement guaranteed by the agreement on free movement with the European Union.

The new immigration regulation of 2022 introduced numerous changes to the rules on permits of residence. According to Article 4 of the regulation, foreign citizens who wish to obtain a permit of residence in the Canton of Ticino must submit an application to the competent immigration authority. The application must be accompanied by a series of documents, including a valid passport, a residence certificate, and a health insurance certificate.

The consultation of the criminal record is a crucial step in the process of obtaining a permit of residence. According to the regulation, the immigration authority must consult the criminal record to verify if the applicant has committed crimes in the past. If the applicant has committed serious crimes, the immigration authority may refuse the application for a permit of residence.

But how does it work in practice? Let's take the example of an Italian citizen who wishes to obtain a permit of residence in Lugano. The applicant must submit the application to the immigration office in Lugano, which is responsible for managing immigrants in the region. The application must be accompanied by a series of documents, including a valid passport, a residence certificate, and a health insurance certificate.

The consultation of the criminal record is a critical step in the process. If the applicant has committed serious crimes, the immigration authority may refuse the application for a permit of residence. For example, if the applicant has committed a theft, the immigration authority may consider them a risk to national security and refuse the application.

However, the system is not always clear and can be subject to different interpretations. For example, if the applicant has committed a theft many years ago, the immigration authority may consider them a minor risk and accept the application.

To avoid problems, it is essential that applicants for permits of residence are prepared and know the rules in place. Here is an operational checklist to help applicants for permits of residence:

• Submit the application to the competent immigration authority
• Complete the application correctly and attach all required documents
• Consult the criminal record to verify your judicial situation
• Respond to the immigration authority's questions clearly and completely

In conclusion, the consultation of the criminal record is a crucial step in the process of obtaining a permit of residence. Applicants for permits of residence must be prepared and know the rules in place to avoid problems. Here is a residence permit calculator to discover what is required to obtain a permit of residence in the Canton of Ticino.

Immigration regulation of 2022

"Freedom of movement is a fundamental right of the individual, but it must be exercised in a responsible and respectful manner of the laws and regulations of the destination country." (Article 1 of the regulation)

Rules on permits of residence

• Article 4 of the immigration regulation of 2022: "Foreign citizens who wish to obtain a permit of residence in the Canton of Ticino must submit an application to the competent immigration authority."
• Article 5 of the immigration regulation of 2022: "The immigration authority must consult the criminal record to verify if the applicant has committed crimes in the past."

Concrete examples

• An Italian citizen who wishes to obtain a permit of residence in Lugano must submit the application to the immigration office in Lugano and attach all required documents. * A Swiss citizen who wishes to obtain a permit of residence in Bellinzona must submit the application to the immigration office in Bellinzona and attach all required documents.

Residence permit calculator Visit our residence permit calculator to discover what is required to obtain a permit of residence in the Canton of Ticino.

Source: rsi.ch