Citizenship Law: Dual Citizenship In Switzerland – Rules, Advantages, And Disadvantages

In a world characterized by increasing global mobility and transnational lifestyles, dual citizenship is gaining importance. Since January 1, 1992, it has been permitted in Switzerland without restriction. Swiss citizens retain their citizenship even if they acquire another nationality unless the other state requires them to renounce it. This post highlights the key rules as well as the challenges and opportunities of dual citizenship in Switzerland.

Prevalence of Dual Citizenship

In 2024, 21% of Switzerland's permanent resident population aged 15 and over held dual citizenship. Of these, 65% acquired Swiss citizenship through naturalization, while 35% received it at birth. The most common combinations are with Italian, French, or German citizenship.

Advantages of Dual Citizenship

Dual citizenship offers numerous advantages. In Switzerland, Swiss dual citizens are considered nationals and enjoy all associated rights such as residency, work, property, and political rights, without any immigration-related hurdles. The following examples explore these advantages in more detail.

• A significant advantage is expanded political participation. Dual citizens may be able to vote and participate in elections in multiple countries. Under Art. 16 para. 1 of the Swiss Abroad Act, Swiss citizens living abroad may participate in federal elections and votes and sign federal popular initiatives and referendum requests. However, Cantonal law governs their participation in cantonal and communal elections and votes. This multiple participation raises discussions about equality of the right to vote, possible privileges, and potential loyalty conflicts.
• Furthermore, dual citizenship brings practical advantages in daily life. It can facilitate access to labour markets, secure residency rights, and enable visa-free travel in multiple countries.
• Additionally, it opens up economic flexibility, as the person can establish a company in a country with more favourable conditions or facilitate the relocation of their residence to a state with a more advantageous tax system to optimize their tax burden.

Disadvantages of Dual Citizenship

• Dual citizens residing in Switzerland are generally subject to Swiss compulsory military service. Enlisting in a foreign military service is a punishable offence under Art. 94 para. 1 of the Military Criminal Code, unless it concerns dual citizens who are settled in their other home country and perform their service there (para. 2). If military service has already been completed abroad, the Swiss service obligation is waived, but a military service exemption tax may still be due. Bilateral agreements sometimes provide for further exceptions.
• Tax disadvantages can arise, particularly for dual citizens with US citizenship, as the USA taxes its citizens regardless of their place of residence. This can lead to significant tax and administrative burdens for those living in Switzerland.
• Dual citizens generally receive the same consular protection as Swiss nationals without an additional citizenship. However, this protection may be limited if they are in the country of their second nationality (Art. 39 para. 3 Swiss Abroad Act). In cases of serious human rights violations, consular and, where appropriate, diplomatic interventions remain possible.
• The Federal Department of Foreign Affairs can limit its services for persons with multiple nationalities. Swiss citizens abroad with multiple nationalities generally do not receive social assistance from Switzerland if their foreign nationality is considered predominant (see Art. 25 Swiss Abroad Act).
• Another disadvantage is that only dual citizens can have their Swiss citizenship revoked, although the requirements for this are very high. According to Art. 42 of the Swiss Citizenship Act, revocation is possible if their conduct significantly harms the interests or reputation of Switzerland. Such a revocation would make deportation from Switzerland possible.

Reporting Obligations and Voluntary Release from Citizenship

Swiss citizens abroad must report the acquisition of an additional nationality to the competent Swiss representation. At the same time, Swiss citizens who hold another nationality and no longer have a residence in Switzerland can apply for release from Swiss citizenship.

Conclusion

Dual citizenship, permitted without restriction in Switzerland since 1992 and now held by over a fifth of the population, offers many advantages such as easier access to labour markets and greater economic flexibility. However, potential disadvantages and obligations must also be considered, particularly with regard to military service and tax obligations. An examination of all the relevant legal aspects is important in order to fully leverage the opportunities of dual citizenship while navigating its legal challenges.