Graubünden demands criminal records from EU permit applicants

Graubünden is requiring EU and European Free Trade Association nationals applying for new residence or cross-border commuter permits in Misox, a southern valley in the canton, to submit criminal record extracts. SRF reported that the checks apply systematically to all applicants, not only where there is specific suspicion.

The measure applies to L, B and G permits and is initially in force until the end of the year. The canton says it is intended to combat organised crime.

The policy follows an international police operation at the end of February in which seven people were arrested. Four of them lived in Graubünden with B permits.

The case of the main suspect was particularly significant. Ticino had refused him a permit in 2019 because of his previous convictions. He applied again in Graubünden in 2021 and received one.

Niculin Mosca, head of the cantonal migration office, cited the region’s proximity to the border, possible displacement from Ticino and the presence of many shell companies as further risks. Municipalities had also reported security concerns, he said.

A criminal record extract does not automatically lead to a permit being refused. It gives the authorities what Mosca described as “another indication” before they assess whether an individual poses a specific threat to public safety. The check reveals known convictions, but not membership of a criminal organisation. People who have never been convicted will not be flagged.

Graubünden’s government had previously considered automatic checks incompatible with the agreement on the free movement of people. It now argues that the measure is permissible because it is limited to one region, is temporary and involves an individual assessment in each case.

The State Secretariat for Migration was not informed before the decision. It told SRF that cantons may request criminal record extracts when there are grounds for suspicion, but said it had expressly told the cantons in 2015 that systematically requesting such extracts was not permitted.

The federal government cannot order Graubünden to change the policy because responsibility for issuing the permits lies with the cantons, according to the State Secretariat for Migration. Ticino has already required such extracts for more than 10 years.

Graubünden plans to assess the measure’s impact and administrative cost at the end of the year. The results will help determine further steps. At national level, Parliament is also considering two identical motions calling for automatic checks across Switzerland. No final decision has been made.