Dutch nationality law

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Dutch nationality law is based primarily on the principle of Jus sanguinis. In other words, citizenship is conferred primarily by birth to a Dutch parent, irrespective of place of birth.

In general, children born in the Netherlands to foreign parents do not acquire Dutch citizenship at birth.

The Netherlands Nationality Act was significantly amended with effect from 1 April 2003.

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[edit] Birth in the Netherlands

In general, birth in the Netherlands does not in itself confer Dutch citizenship.

[edit] Descent from a Dutch parent

A person born on or after 1 January 1985 to a married Dutch father or mother, or an unmarried Dutch mother, automatically acquires Dutch citizenship at birth. It is irrelevant whether the child is born in the Netherlands or in another country.

A child born to an unmarried Dutch father and a non-Dutch mother must be acknowledged by the Dutch father before birth, in order for the child to be Dutch at birth. Before 1 April 2003, an acknowledgement could be given after birth. Details.

A child born to an unmarried Dutch father on or after 1 April 2003 (and a non-Dutch mother) who is not acknowledged before birth may subsequently acquire Dutch citizenship through the option procedure.

Before 1985, it was generally not possible to acquire Dutch citizenship by descent from a Dutch mother. The exception applies to persons born a person born before 1985 with only a Dutch mother, where the person is born in the Netherlands and would otherwise be stateless.

[edit] Acquisition of Dutch citizenship by option

The option procedure is a simpler and quicker way of acquiring Dutch citizenship compared to naturalisation. In effect, it is a form of simplified naturalisation.

In order to be eligible for the option procedure, it is necessary to hold a Dutch residence permit and belong to one of the following categories:

  • the person is of age, born in the Netherlands and has lived in the Netherlands, the Dutch Antilles or Aruba continuously since birth.
  • born in the Netherlands, the Dutch Antilles or Aruba, and lived there for an uninterrupted period of at least 3 years and since your birth the applicant has not had a nationality (i.e. the person is stateless).
  • the person is of age and has legally lived in the Netherlands, the Dutch Antilles or Aruba since age 4.
  • the person is of age, a former Dutch citizen and has lived in the Netherlands, the Dutch Antilles or Aruba for at least 1 year on the basis of a permanent residence permit or a residence permit for a non-temporary residence objective.
  • married to a Dutch citizen for at least 3 years and has legally lived in the Netherlands, the Dutch Antilles or Aruba for an uninterrupted period of at least 15 years.
  • aged 65 or over and has legally lived in the Netherlands, the Dutch Antilles or Aruba for an uninterrupted period of at least 15 years.
  • a minor, are acknowledged by a Dutch citizen who has been cared for and brought up by this Dutch citizen for an uninterrupted period of at least 3 years.
  • a minor who, as a result of a Court decision or by law at the time of your birth, is under the joint custody of a non-Dutch father or mother and another person who is a Dutch citizen. Since the start of this custody the person has been cared for and brought up by this Dutch citizen for a period of at least 3 years and since then has also had a principal place of residence in the Netherlands.

Applicants for Dutch citizenship through the option procedure do not have to renounce any foreign citizenship they hold.

[edit] Naturalisation as a Dutch citizen

An application for Dutch citizenship by naturalisation must meet all the conditions below:

  • aged 18 or over;
  • holder of a permanent resident permit;
  • 5 continuous years residence in the Netherlands, the Dutch Antilles or Aruba with a valid residence permit. There are a number of exceptions to this rule.
  • sufficiently integrated in Dutch society and are able to read, write, speak and understand Dutch. This must normally be proved by taking a naturalisation test. Successful completion of an eligible integration course is an alternative.
  • in the four years preceding the application, the applicant has not been given any custodial sentence, training order, community service order or high monetary penalty.

[edit] Exemptions to the residence requirement

The 5 year residence requirement may not apply where the applicant falls into any of the following categories:

  • a person adopted after majority in the Netherlands, the Dutch Antilles or Aruba by parents at least one of whom has Dutch nationality.
  • married to or are the registered partner of a Dutch man or woman. If this is the case, the person can submit an application for naturalisation after 3 years of marriage or registered partnership and cohabitation. If the person has cohabited in the Netherlands with a Dutch man or woman (both partners unmarried) for an uninterrupted period of 3 years, an application may also be submitted.
  • the 5-year term is reduced to a 3-year term if the applicant is stateless.
  • the 5-year term is reduced to a 3-year term if the applicant as a minor is acknowledged or legitimised by a Dutch national and has been cared for and brought up by this Dutch national for a period of 3 years.
  • the 5-year term is reduced to a 2-year term if the applicant has legally lived in the Netherlands, the Dutch Antilles or Aruba for a period of 10 years, the last 2 of which uninterruptedly.
  • a former Dutch citizen. In some cases the applicant will instead be able to use the option procedure.

[edit] Exemptions to the requirement to renounce foreign citizenship

An applicant for naturalisation does not have to give up his current nationality in the following cases:

  • where the original nationality is automatically lost upon naturalisation as a Dutch citizen
  • the legislation of the applicant's country does not allow renunciation of nationality.
  • the person is married to or the registered partner of a Dutch national.
  • recognised refugees
  • born in the Netherlands, the Dutch Antilles or Aruba, and still living there at the time of application.
  • where the person has lived in the Netherlands, the Dutch Antilles or Aruba for an uninterrupted period of 5 years or longer before age 18.
  • where the applicant cannot be expected to contact the authorities in the country of which they are a national.
  • where the applicant has "special and objectively assessable reasons" for not renouncing his existing nationality.
  • where in order to give up his current nationality the applicant must pay a large sum of money to the authorities in his or her country or fulfil military service obligations. This must be demonstrated in each case.
  • where renunciation of the applicant's existing nationality would cause "serious financial losses" (for example, inheritance rights). This must be demonstrated.

Local expat bulletin boards, though, say that the immigration ministry has largely undermined these exceptions, either by imposing barriers so high that no one reaches them, or by using secondary obstacles to prevent would-be applicants from getting Dutch nationality.

[edit] Children

Children aged under 18 may be added to a parent's application for Dutch citizenship. Those aged 16 and 17 will only be naturalised if they give their active consent, while those aged 12-15 inclusive are given a chance to object.

[edit] Loss of Dutch citizenship

Dutch citizens may lose their citizenship through long residence outside the Netherlands, or acquisition of a foreign nationality. In addition, in some cases it is possible to be deprived of Dutch citizenship.

[edit] Residence outside the Netherlands

The Dutch law has contained for many years provisions that removed Dutch citizenship from certain Dutch persons who held another nationality at birth and remained resident outside the Netherlands in adulthood.

[edit] Prior to 1985

Before 1 January 1985, Dutch citizens lost their nationality in cases where they were born outside the Kingdom of the Netherlands, lived for an uninterrupted period of ten years outside the Kingdom after reaching the age of majority (then 21) and did not submit notification that they wished to retain their Dutch nationality before the ten-year period was up.

These provisions affected Dutch citizens born abroad before 1 January 1954

[edit] From 1 January 1985 to 31 March 2003

Under the 1985 legislation, Dutch citizens born outside the Netherlands who also held the nationality of the country of their birth lost Dutch citizenship if they lived in the country of their birth for 10 years after age 18 (and were still citizens of their country of birth).

Those who were issued a Dutch passport or proof of Dutch citizenship on or after 1 January 1990 are deemed never to have lost Dutch citizenship. This exemption was put in place on 1 February 2001.

Former citizens who were not issued a Dutch passport or proof of Dutch citizenship in 1990 or later were given a limited period of time to acquire Dutch citizenship by option. These provisions expired on 31 March 2005.

[edit] From 1 April 2003

After 1 April 2003, Dutch citizens with dual nationality may lose their Dutch nationality if they reside outside the Kingdom of the Netherlands or outside the European Union for a long period. The place of birth is irrelevant in this event.

If you hold the same foreign nationality alongside Dutch nationality for ten years, and you are resident outside the Kingdom of the Netherlands and the European Union for ten years, you will lose your Dutch nationality.

In the case of Dutch citizens who possessed dual nationality on 1 April 2003 and who were then resident outside the Kingdom of the Netherlands and the European Union, the ten-year period started on 1 April 2003.

It is possible to retain Dutch citizenship by:

  • having a principal residence in the Kingdom of the Netherlands or another member state of the European Union for at least one year; or
  • applying for a Dutch passport or proof of Dutch nationality before 1 April 2013, i.e. before the end of the ten-year period. A new ten-year period starts on the day the person is issued with a passport or proof of Dutch nationality.

[edit] Acquisition of another citizenship

A person who acquired another citizenship before 1 April 2003 automatically lost Dutch citizenship.

From 1 April 2003, loss of Dutch citizenship upon naturalisation in another country is still automatic unless one of the following exemptions applies:

  • the person is born in the country of the other nationality and has a principal residence there at the time of acquisition of that nationality.
  • if before turning 18, the person has had a principal residence in the country of the other nationality for an uninterrupted period of five years;
  • if you are married to a person who possesses the nationality you wish to acquire (a spouse who is deceased does not count).

The exemption does not apply in the case of acquisition of Austrian, Belgian, Norwegian, Danish or Luxembourg citizenship. This is due to the provisions of the Convention on the Reduction of Cases of Multiple Nationality which the Netherlands became party to in 1985. Details

[edit] Deprivation of Dutch citizenship

Dutch citizenship by naturalisation may be withdrawn if it was procured by fraud, or if the naturalised Dutch citizen does not renounce a foreign citizenship as per the requirements for naturalisation.

Dutch citizenship may also be revoked in the case of service in a foreign army at war with the Netherlands.

[edit] Resumption of Dutch citizenship

Former Dutch citizens who hold permanent resident permits and have resided in the Kingdom of the Netherlands (Netherlands, Netherlands Antilles or Aruba) for at least 1 year may regain Dutch citizenship through the option procedure.

Where the person is not resident in the Kingdom of the Netherlands, the person must have lost Dutch citizenship after reaching the age of majority and through the acquisition of another citizenship. In addition one of the following conditions must be satisfied:

  • born in the country whose nationality was acquired and living there at the time of acquisition of the nationality of that country, or
  • before turning 18, lived in the country whose nationality was acquired for an uninterrupted period of at least five years, or
  • at the time of acquisition of the nationality of the other country, the person was married to someone who possessed that nationality.

These criteria are similar to the criteria for exemption from loss of Dutch citizenship in place since 1 April 2003. The application opting for Dutch nationality may be submitted up to 31 March 2013 (i.e. 10 years from the 2003 change in the law).

[edit] Dual citizenship

Although Dutch law restricts dual citizenship, it is possible for Dutch citizens to legally hold dual citizenship in a number of circumstances, including:

  • those who acquire another citizenship at the time of birth (for example, a child born to Dutch parents in the United States would hold both U.S. and Dutch citizenship).
  • persons who acquire Dutch citizenship through the option procedure (including former Dutch citizens resuming citizenship)
  • persons who become naturalised Dutch citizens, who obtain an exemption from the requirement to renounce their foreign citizenship, such as those married to Dutch citizens.
  • Dutch citizens who naturalise in another country who are exempted from the loss of nationality rule (such as those married to a citizen of that country).

In all cases the other country must allow dual citizenship in that particular situation.

The moves to restrict dual nationality have been supported by the current government of J.P. Balkenende. This policy has always been justified on the basis of ‘strengthening ties to the Netherlands’ of new passport holders. While Balkenende has said that the rest of Europe would be following the Netherlands’ example, they’re not. More countries are, in fact, allowing dual nationality or liberalizing laws on the basis of including legal residents into local society.

While Balkenende wants people to be part of Dutch society with only one passport, immigrants do not seem to share the sentiment. Only 13,000 adults became Dutch in 2004, according to the country's statistics office. This represents a decline of 83% over the total naturalizations in 1997. Those becoming Dutch were predominantly Turkish, Moroccan, Afghan, Surinamese or from the former Yugoslavia.

On the other hand, the number of dual nationals in the country has risen from 400,000 in 1997 to nearly one million now. The restrictions on dual nationality have not worked at all, and it seems that those asking for it are largely those who qualify for dual nationality under the current law.

Immigrants are choosing, in fact, not to become Dutch at all, nor do they have ‘heightened loyalty’ to their country of residence. In this regard, the policy of the current government towards Dutch nationality has to be seen as an abysmal failure.

[edit] Former territories

Before independence, Dutch citizenship was held by many persons in Suriname and Indonesia. In general, those acquiring citizenship of these countries at independence lost their Dutch citizenship. A request for determination of citizenship status should be addressed to the Dutch authorities in case of doubt.

[edit] Dutch citizenship statistics

Figures from the Dutch government show that approximately 11,500 people were granted Dutch citizenship by naturalisation in the first 6 months of 2003. There were close to 20,000 applications. Details

However, there is undeniably an extreme downwards trend in those foreign residents of the Netherlands who are bothering to apply for local nationality.

According to the country's statistics office Details, nearly 21 thousand people were granted Dutch nationality through naturalisation in 2004 (13,000 adults and 8,000 children at the same time). This is 4 thousand fewer than in 2003 and half the number in 2002.

[edit] External links

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