Swiss parliament backs criminal record checks for foreign permits

Require a criminal record check for applications for residence permits Keystone-SDA

The Swiss Senate joined the House on Wednesday in adopting a motion that would forbid foreign nationals from obtaining a residence permit in Switzerland if they have previously been convicted of a crime.

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The motion was passed by 26 votes to 11. For more than 10 years, the southern canton of Ticino has systematically required a criminal record check for all foreign nationals applying for a residence permit, including EU/EFTA citizens.

Recently, a mafia member who had been refused a permit by his own canton but had obtained one in the canton of Graubünden was arrested. Parliamentarian Marco Chiesa from Ticino believes that this tried-and-tested practice should be extended to the whole country.

Justice Minister Beat Jans pointed out that known criminal records are taken into account when assessing an application for a residence permit, even if the offences were committed abroad. Such a systematic approach would not be in line with the Agreement on the Free Movement of Persons with the EU. In his view, Chiesa’s motion is, as it stands, pointless.

Switzerland would, however, like to discuss with the EU the possibility of Switzerland joining the European Criminal Records Information System (ECRIS) and the system for third-country nationals (ECRIS-TCN). This would provide an effective tool in the context of criminal proceedings.

‘Safe’ countries

During the same extraordinary session, senators adopted, by 27 votes to 11, another Swiss People’s Party motion calling for the list of safe countries of origin to be expanded so that irregular migrants can be returned. Pirmin Schwander from the People’s Party wants to include Algeria, Egypt, Morocco, Tunisia and Turkey on the list. The EU itself has expanded the list this year.

The federal government opposed this. It argued that no country meets the criteria defined in the “safe country” concept applied by Switzerland.

However, on Tuesday the Swiss House approved a motion expand the list of countries. However, it refused to include Turkey on the list.

Translated from German by AI/jdp

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