Residence permits: differing opinions on criminal record checks (cross-border guide)

Di Valerie Linc · Published on

The Canton Ticino would like to be able to verify criminal records at every request for a residence permit, but the Federal Council is holding back.

Contesto

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

Dettagli operativi

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...

Punti chiave

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 re...

Punti chiave

[{"q":"What is the right of European citizens to consult the criminal records of their countries for criminal records?","a":"The right to consult the criminal record is provided for in the agreement on free movement with the European Union and guarantees the freedom of movement of European citizens."},{"q":"How much would it cost the Canton of Ticino to consult the criminal record for all residence permit applicants?","a":"According to calculations by the Department of Economics of the Canton of Ticino, the consultation of the criminal record for all residence permit applicants would result in an increase in management costs of around 300,000 francs per year."},{"q":"What are the estimated additional costs for the Canton of Ticino if systematic criminal background checks are implemented?","a":"The implementation of the systematic criminal record check would lead to an increase in the costs of managing residence permits of around 300,000 francs per year."}]

Frequently Asked Questions
What is the right of European citizens to consult the criminal records of their countries for criminal records?
The right to consult the criminal record is provided for in the agreement on free movement with the European Union and guarantees the freedom of movement of European citizens.
How much would it cost the Canton of Ticino to consult the criminal record for all residence permit applicants?
According to calculations by the Department of Economics of the Canton of Ticino, the consultation of the criminal record for all residence permit applicants would result in an increase in management costs of around 300,000 francs per year.
What are the estimated additional costs for the Canton of Ticino if systematic criminal background checks are implemented?
The implementation of the systematic criminal record check would lead to an increase in the costs of managing residence permits of around 300,000 francs per year.

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