Lawmakers in Switzerland’s upper house have passed a motion that would forbid foreign nationals from obtaining a residence permit in Switzerland if they have previously been convicted of a crime.
The motion was passed by 26 votes to 11 and comes after MPs in the lower house had already given the green light.
The move came after it recently came to light, after an arrest of a mafia member, that convicted foreign criminals were able to get residents permits in cantons where criminal records checks were not automatic.
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.
But the mafia member was able to obtain a permit in the canton of Graubünden after he failed to pass the criminal records check in Ticino.
Parliamentarian Marco Chiesa from Ticino believes that systematic checks should be extended to the whole country.
But not everyone was in agreement with the move
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 pointless.
According to Swiss Info, Switzerland is interested in discussing 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.
