Switzerland's upper legislative chamber has endorsed a proposal that would prevent foreign nationals with prior criminal convictions from obtaining a residence permit in the country. This follows earlier approval by the lower house.
Lawmakers in the Council of States, the upper house of the Swiss parliament, passed a motion by 26 votes to 11. The measure aims to deny residence permits to foreign individuals who have been previously convicted of a crime. This decision comes after the National Council, the lower house, had already given its approval.
The initiative gained traction following the recent arrest of a mafia member, which brought to light a loophole: convicted foreign criminals were able to secure residence permits in certain cantons where automatic criminal record checks were not standard practice.
For over a decade, the southern canton of Ticino has consistently mandated criminal record checks for all foreign nationals applying for residence permits, including citizens from EU/EFTA countries. However, the aforementioned mafia member managed to obtain a permit in the canton of Graubünden after failing the criminal record check in Ticino.
Parliamentarian Marco Chiesa from Ticino advocates for the extension of these systematic checks across the entire country.
However, not all officials are in agreement with this approach. Justice Minister Beat Jans highlighted that existing criminal records, even for offences committed abroad, are already considered during the assessment of residence permit applications. He argued that such a systematic, nationwide approach would not align with the Agreement on the Free Movement of Persons with the European Union, deeming Chiesa's motion unnecessary.
According to Swiss Info, Switzerland is keen to engage in discussions with the EU regarding the possibility of joining the European Criminal Records Information System (ECRIS) and its counterpart for third-country nationals (ECRIS-TCN). Such integration would provide a more effective tool for criminal proceedings.
