Loss and Restoration of Dutch Nationality, version 2

REVISED ARTICLE

NOTE: The following article was originally published on March 3, 2019. Due to many of the comments and questions, the author Paul Munsell has graciously revised the article. The article was revised and updated on TIP website on May 21, 2019.

INTRODUCTION

A short time ago, there were several heavy-duty discussions on Facebook about retaining dual or the reinstatement of a Dutch nationality. People had many questions.  Mr. Paul Munsell, who has intently studied Dutch nationality laws and regularly follows updates to any legislation regarding the Rijkswet op het Nederlanderschap, has painstakingly written up an article that will explain some of the most very complicated requirements under Dutch law.

LOSS AND RESTORATION OF DUTCH NATIONALITY / VERLIES EN HERKRIJGING VAN HET NEDERLANDERSCHAP: A BRIEF HISTORY AND EXPLANATION

by Paul Munsell

This is information to give a bit of understanding of how Dutch nationality law with regard to cases of dual nationality has evolved over time as there is a definite distinction amongst everyone regarding when they were born and their own personal circumstances and those of their families with regard to the loss or reinstatement of Dutch nationality (Nederlanderschap).

The Rijkswet op het Nederlanderschap (1985) (the Kingdom Act on Netherlands Nationality) entered into effect on 1 January 1985 and is still in effect today.  This Act, formally signed by Koningin Beatrix on 19 December 1984, replaced the former Wet op het Nederlanderschap en het Ingezetenschap (1892) (WNI (1892)), which was signed by Queen-Regent Emma in 1892 as Queen Wilhelmina was not yet 18 years of age.

If you were born prior to 1 January 1985, then you acquired (or did not acquire) Dutch nationality under the provisions of the WNI (1892).

Wet op het Nederlanderschap en het Ingezetenschap (1892)

The initial public policy of the Netherlands at the time the WNI (1892) and the RWN (1985) entered into effect remains unchanged:  dual nationality should be limited as much as possible.  However, there are exceptions.

When the WNI (1892) entered into effect, Dutch nationality hinged in almost all circumstances on two important principles:  1) dual nationality should be restricted to the greatest extent possible and 2) the child acquired Dutch nationality at birth primarily via the Dutch father only under Article 1 which states:

Artikel 1

Nederlanders door geboorte zijn:

  1. het wettig, gewettigd of door de vader erkend natuurlijk kind, waarvan tijdens de geboorte de vader de staat van Nederlander bezit.

This means that Dutch nationality was primarily acquired via the child’s Dutch father only on the child’s date of birth following the ascending patrilineal blood line (in Latin:  jus sanguinis a patre).  Only in certain circumstances was Dutch nationality prior to 1 January 1985 acquired via the Dutch mother only (jus sanguinis a matre), such as when the father was stateless and only the mother was a Dutch national on the child’s date of birth.  Place of birth is irrelevant.

Loss of Dutch nationality under the WNI (1892)

Article 7 of the WNI (1892) sets forth the basic cases in which Dutch nationality would automatically be lost.  These include:

  1. by naturalizing to another country as an adult (minor-aged children would also lose Dutch nationality by having shared in the naturalization of either parent);
  2. by a revocation decision (vervallenverklaring) from the Dutch authorities at the request of an adult who held another nationality in addition to Dutch nationality and who had lost both nationalities and without the individual having willfully made such circumstance known to the Dutch authorities and the individual resided outside the Netherlands;
  3. by having willfully accepted a foreign nationality (a Dutch women would retain her Dutch nationality if she did not willfully accept the acquisition of a foreign nationality at the time of her marriage to a foreigner and whose nationality she automatically would have acquired at marriage under the laws of her husband’s country);
  4. by willfully having agreed to serve in the military forces or to enter into the civil service of another country without prior permission from the Dutch authorities; and
  5. Dutch nationals who were born outside the Kingdom and outside of the Republic of Indonesia would lose Dutch nationality (except those who were in the service of the Kingdom) and who resided for ten (10) continuous years outside of the Kingdom, unless they gave notice to the Dutch authorities they wished to retain Dutch nationality before the 10-year period expired (i.e., by age 31). Another 10-year period would start to run on the day such notification was given.  As for minor-aged children, the 10-year period would start to run on the day they reached the age of majority (21 years at the time in the Netherlands).
Rijkswet op het Nederlanderschap (1985)

On 1 January 1985, the RWN (1985) entered into effect.  RWN (1985), Chapter 2, Article 3 (Hoodstuk 2:  Verkriging van het Nederlanderschap van rechtswege) states:

Artikel 3

Nederlander is het kind waarvan ten tijde van zijn geboorte de vader of de moeder Nederlander is, alsmede het kind van een Nederlander die voordien is overleden.

This is an important distinction from Article 1 of the WNI (1892) as henceforth a child acquires Dutch nationality either via the Dutch father or via the Dutch mother.  Place of birth is irrelevant.

Now here is where Dutch nationality law gets complicated.

It is recognized under Dutch law and international law that an individual cannot lose his/her nationality if he/she only has one nationality (in this case, Dutch nationality).  Otherwise, the individual would become stateless.  Therefore, if you are a Dutch national only, you cannot lose your Nederlanderschap.

Loss of Dutch nationality under RWN, Article 15(c):  Loss of Dutch nationality if a dual Dutch national lives outside of the Netherlands after his/her 28th birthday

Artikel 15

(c) Het Nederlanderschap gaat voor een meerderjarige verloren wanneer de betrokkene na zijn meerderjarigheid gedurende een ononderbroken periode van 10 jaren woonplaats buiten Nederland, onderscheidenlijk de Nederlandse Antillen, heeft in het land waarin hij is geboren en waarvan hij eveneens de nationaliteit bezit, anders dan in een dienstverband met Nederland, de Nederlandse Antillen dan wel een internationaal orgaan waarin het Koninkrijk is vertegenwoordigd, of als echtgenoot van een person met een zodanig dienstverband.

This new article 15(c) (hereafter referenced as “article 15(c) (oude)”) unequivocally states that a dual Dutch national born outside the Netherlands who possessed both Dutch nationality and the nationality of the country of birth and who resided in the country of birth would lose his or her Dutch nationality if, after attaining the age of majority, he/she lived in his/her country of birth for an uninterrupted period of 10 years and he/she was a citizen of that country.

What does this mean?

As a result, many dual Dutch nationals, either knowingly or unknowingly and living abroad, lost their Dutch nationality on or subsequent to 1 January 1995 (1 January 1985 (effective date of the RWN (1985) and article 15(c) (oude)) + 10 years = 1 January 1995).

Many of these former Dutch nationals live in:  Australia, Canada, New Zealand, South Africa and the United States).  Why these countries more specifically?  Because, historically, it is to these countries to which the greatest amount of Dutch emigrants went in the past.

The February 2000 revisions to the Rijkswet op het Nederlanderschap.  Article 15(c) (oude) replaced by article 15, paragraphs 1 (c) and 2.

Artikel 15

1 Het Nederlanderschap gaat voor een meerderjarige verloren:

c. indien hij tevens een vreemde nationaliteit bezit en tijdens zijn meerderjarigheid gedurende een ononderbroken periode van tien jaar in het bezit van beide nationaliteiten zijn hoofdverblijf heeft buiten Nederland, Aruba, Curaçao en Sint Maarten, en buiten de gebieden waarop het Verdrag betreffende de Europese Unie van toepassing is, anders dan in een dienstverband met Nederland, Aruba, Curaçao of Sint Maarten dan wel met een internationaal orgaan waarin het Koninkrijk is vertegenwoordigd, of als echtgenoot van of als ongehuwde in een duurzame relatie samenlevend met een persoon in een zodanig dienstverband;

2 Het eerste lid, aanhef en onder a, is niet van toepassing op de verkrijger

a. die in het land van die andere nationaliteit is geboren en daar ten tijde van de verkrijging zijn hoofdverblijf heeft;

b. die voor het bereiken van de meerderjarige leeftijd gedurende een onafgebroken periode van tenminste vijf jaren in het land van die andere nationaliteit zijn hoofdverblijf heeft gehad; of

c. die gehuwd is met een persoon die die andere nationaliteit bezit.

As RWN (1985), Article 15 (c) (oude) was subsequently considered quite restrictive (loss of Dutch nationality by a dual Dutch national not residing in the Netherlands and who had attained age 28), the Dutch legislator wished to change the law so that former Dutch nationals, who had lived in the country of their birth for a period of ten uninterrupted years after having reached the age of majority, could have their lost Dutch nationality reinstated via option procedure.  Therefore, dual Dutch nationals living outside of the Netherlands on or past age 28 would no longer automatically lose their Dutch nationality as such had been the case under Article 15(c) (oude).

The implementation of this new article would mainly apply to former Dutch nationals who had lost their Dutch nationality subsequent to ten years after the RWN (1985) was implemented on 1 January 1985.

Three bills were drafted to amend the RWN (1985), article 15(c) (oude), the last of which passed the Tweede Kamer in April 2000 and was approved by the Eerste Kamer in December 2000.  RWN (1985) 15(c) (oude) was thus revised.  The new articles governing the loss and retention of Dutch nationality were added and became article 15, 1(c) and article 15, 2.

These revisions were implemented and entered into effect in three (3) separate stages.

STAGE 1

(former Dutch nationals who lived for more than ten uninterrupted years in the country in which they were born and whose nationality they possessed and who were issued with a Dutch passport or proof of Dutch nationality after 1 January 1990).

On February 2001, Stage 1 of the new article 15, 1 (c) entered into effect.  Stage 1 applied to former Dutch nationals who had lost their Dutch nationality on our subsequent to 1 January 1995 by 1. having been born in the country whose nationality they possess and 2. who lived in that country for more than ten (10) uninterrupted years past age 18.

This Stage 1 provision ensured that Dutch nationality would automatically be reinstated to former Dutch nationals who lost their Dutch nationality under RWN (1985) Article 15 (c) (oude) if, on or subsequent to 1 January 1990, they had been issued with a Dutch passport or Dutch nationality certificate (Verklaring van Nederlanderschap/Bewijs van Nederlanderschap).  Under this Stage 1 option procedure, Dutch nationality will be deemed never to have been lost.  The provision would also apply to minor-age children if the parents had requested such a document for them.

As stated, this legislative revision would be applicable to individuals to whom a Dutch passport or a Verklaring van Nederlanderschap /Bewijs van Nederlanderschap (Dutch nationality certificate) had been issued on or subsequent to 1 January 1990.

Therefore, it would be necessary to determine on which date the Dutch passport or Dutch nationality certificate had been issued and from which date a new period of 10-years would start to run in order to avoid the loss of Dutch nationality.  This loss provision did not begin earlier than 1 January 1994.  It also would apply to children who also had lost Dutch nationality along with the parents.

As from 1 February 2001, the former Dutch national who lost his/her Dutch nationality under the Stage 1 provisions by having had a valid Dutch passport on the day Dutch nationality was lost under Article 15(c) (oude) could apply for a Dutch passport.  As stated, under this Stage 1, Dutch nationality will be deemed never to have been lost.

Exclusions to Stage 1

The reinstatement of Dutch nationality under Stage 1 was not open to the following former Dutch nationals:

(i) Former Dutch nationals who lost their Dutch nationality prior to 1 January 1985 because:

a. they were born outside of the Netherlands;

b. they had lived for an uninterrupted period of 10 years outside the Netherlands after reaching the age of majority (21 years at the time); and

c. 3) they did not submit notification to the Dutch authorities by age 31 they wished to retain their Dutch nationality (21 age of majority + 10 years = age 31).

This mainly concerned former Dutch nationals who were born abroad prior to 1 January 1954.

(ii) Former Dutch nationals who renounced their Dutch nationality (Verklaring van Afstand); and

(iii) Former Dutch nationals whose Dutch nationality was withdrawn (ingetrokken).

(iv) Former Dutch nationals who lived for more than ten (10) uninterrupted years in the country in which they were born and whose nationality they possessed and who were not issued with a Dutch passport or proof of Dutch nationality on or subsequent to 1 January 1990.

Why would Dutch nationality not be reinstated to former Dutch nationals who were born abroad with Dutch nationality prior to 1 January 1954 and subsequently lost Dutch nationality?

As explained above, under the WNI (1892), a dual Dutch national, who lived outside the Kingdom of the Netherlands and who did not notify the Dutch authorities within 10 years after reaching the age of majority (which was age 21 up to 1 January 1988) he/she wished to retain Dutch nationality, would lose Dutch nationality automatically.

Now, if we do the math, here is how the dates work for the exclusion of this option possibility and how 1 January 1954 is not some arbitrary date.  The time line is entirely logical.

Example1 January 1954 + 21 years (age of majority in the Netherlands at the time) = 1 January 1975 + 10 years (in which to request a Dutch passport as a dual Dutch national residing overseas) = 1 January 1985 (implementation date of the Rijkswet op het Nederlanderschap/loss of Dutch nationality).

STAGE 2

(former Dutch nationals who lived for more than ten uninterrupted years in the country in which they were born and whose nationality they possessed and who were never issued with a Dutch passport or proof of Dutch nationality after 1 January 1990).

On 1 April 2003, Stage 2 of the revised Article 15(c) oude entered into effect.  This Stage 2 option provision applied to former Dutch nationals who had lost their Dutch nationality subsequent to 1 January 1985 under RWN (1985) Article 15(c) (oude) because:

  1. they had been born in the country whose nationality they possess; and
  2. they had lived in that country for more than ten (10) uninterrupted years subsequent to age 18; and
  3. they had never been issued with a Dutch passport or Dutch nationality certificate on or subsequent to 1 January 1990. This means they were not in possession of a valid Dutch passport at all since at least 1 January 1990.

If you had never been issued with a Dutch passport or Dutch nationality certificate on or subsequent to 1 January 1990 under the above conditions, it was possible to have Dutch nationality reinstated with retroactive effect to the day it was lost by written option request made to the Dutch authorities.

This Stage 2 option window began on 1 April 2003 (implementation date of Stage 2) and ended on 31 March 2005.

What is the significance of the 31 March 2005 Stage 2 option expiration date which equals 10 years?

The time period for “renewing” Dutch nationality if the dual Dutch national lives outside the Netherlands (including the Western Caribbean islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao, Sint Maarten or any other Member State of the European Union henceforth always runs in ten-year incremental periods.

Example31 March 2005 (Stage 2 option procedure expiration date to request and receive a Dutch passport or Dutch nationality certificate) – 10 years = 1 January 1995 (initial loss of Dutch nationality for dual Dutch nationals living abroad when RWN (1985) article 15(c) (oude)) went into effect.

Now, if the loss of Dutch nationality by dual Dutch nationals living outside 1. the Netherlands (including Bonaire, Sint Eustatius or Saba) or 2. Aruba, Curaçao or Sint Maarten or 3. a member state of the European Union (since 1 January 1985) always operates in 10 year incremental periods, then if 1 January 1995 was the date on which loss of Dutch nationality under article 15(c) (oude) would take effect, if we subtract ten 10 years (because 10 years is the duration in order for Dutch nationality to be lost under RWN (1985), Article 15(c) (oude) = 1 January 1985 (implementation date of the RWN (1985). [1 April 2005 (Stage 2 implementation date) – 10 years = 1 January 1995 – 10 years = 1 January 1985]

The time line is entirely logical!

STAGE 3

(remaining cases for reinstatement of Dutch nationality for former Dutch nationals who lost their Dutch nationality as adults prior to 1 April 2003 (the implementation date of the Article 15, 1(c) and 2)

On 1 April 2003, the new article 15, 1(c) and 2 entered into effect, thereby replacing RWN (1985) 15(c) (oude).

Restoration of Dutch nationality under the Stage 3 option procedure window applied to the following former Dutch nationals who had lost their Dutch nationality prior to 1 April 2003, but who could not have it reinstated under Stage 1 or Stage 2.

This option procedure applied to those former Dutch nationals who do not reside in the Netherlands and who, after reaching the age of majority, had lost Dutch nationality because they had acquired a foreign nationality as an adult.

The three (3) distinct option cases were:

(i) a former Dutch national who lost Dutch nationality as an adult, because he/she was born in the country whose nationality he/she subsequently acquired as an adult, and he/she was living in that country at the time the foreign nationality was acquired;

(ii) a former Dutch national who, before turning 18, had lived for an uninterrupted period of at least five (5) years in the country whose nationality he/she subsequently acquired as an adult; or

(iii) a former Dutch national who, when he/she acquired the nationality of another country and lost Dutch nationality automatically because of this naturalization, was married to or in a registered civil partnership (which can be recognized under Dutch law) with a national of that same country.  Example:  A Dutch woman who married a U.S. national and she voluntarily naturalized American prior to 1 January 1985 while married to her American husband, in which case she automatically would have lost her Dutch nationality in so doing under the WNI (1892).

If the former Dutch national fell under one of these three cases, he/she had between 1 April 2003 and 31 March 2013 (another 10-year window!) to have his/her lost Dutch nationality reinstated via option.

The 1 April 2003 to 31 March 2013 period also was the 10-year time frame during which an individual who fell under the Stage 1 option period would need to apply for and receive in hand a new Dutch passport, Dutch national identification card or Bewijs van Nederlanderschap/Dutch nationality certificate.  Once one of these documents is issued, a new 10-year period begins to run.

What is the significance of the 31 March 2013 Stage 3 option expiration date which equals 10 years?

Example31 March 2013 (Stage 3 option expiration date) – 10 years (to apply for reinstatement of Dutch nationality via option under Stage 3 in one of the three specific aforementioned cases back to the implementation date) = 1 April 2003 (Stage 3 implementation date of article 15, paragraphs 1 and 2 replacing RWN (1985) 15 (c) (oude) for the retention of Dutch nationality under the 3 specific cases mentioned above).

Exclusions to Stage 3

The reinstatement of Dutch nationality under Stage 3 was not open to the following former Dutch nationals:

(i) Former Dutch nationals who lost their nationality when Suriname and Indonesia gained independence;

(ii) Former Dutch nationals who lost their nationality as a result of the conclusion of the Council of Europe convention to reduce the number of cases of multiple nationality. The Netherlands has been a party to this Convention since 10 June 1985.  An example here would be a former Dutch national who acquired Norwegian, Danish or Austrian nationality;

(iii) Former Dutch nationals who lost their Dutch nationality as minors by acquiring the nationality of a parent;

(iv) Former Dutch nationals who lost their Dutch nationality prior to 1 January 1985 because they were born outside NL, lived for an uninterrupted period of 10 years outside NL after reaching age 21 and they did not submit notification they wished to retain their Dutch nationality (once again those born abroad prior to 1 January 1954);

(v) Former Dutch nationals who renounced their Dutch nationality (Verklaring van Afstand); and

(vi) Former Dutch nationals whose Dutch nationality was withdrawn (ingetrokken).

How can I retain my Dutch nationality if I am a dual Dutch national and I don’t live in the Netherlands (including Bonaire, Sint Eustatius and Saba), Aruba, Curaçao, Sint Maarten or any member state of the European Union?

With the implementation of the revised article 15, paragraphs 1 and 2 which entered into effect, as explained on 1 April 2003 and which are still in effect today, while the acquisition of a foreign nationality by an adult age 18 or over in addition to Dutch nationality has been restricted to the three (3) exceptions as explained under Stage 3, the possibility for a dual Dutch national to retain Dutch nationality has been expanded.

There are two (2) ways in which to “reset” the 10-year clock if and only if you are a dual Dutch national and you live outside:

1) the Netherlands (including Bonaire, Sint Eustatius and Saba); or

2) Aruba, Curaçao or Sint Maarten; or

3) any other Member State of the European Union.

Option 1:  Obtain a new Dutch passport, Dutch national identification card or Bewijs van Nederlanderschap/Dutch nationality certificate once every 10 years.

All you need to do is to request and receive in hand (merely requesting such document is not sufficient; one must actually receive the issued document) one of these documents once every ten (10) years and before the expiration date of the previously-issued document.  If a new document is not issued by the expiration of the previously-issued document (i.e. before the 10-year period ends), you will lose your Dutch nationality.  No exceptions!

On the date one of these three documents is issued to you, a new ten (10) year period begins to run.  (Rijkswet op het Nederlanderschap, Artikel 15(d).)

Example:  Dutch passport is issued on 1 April 2018.  The passport will be valid for 10 years and will expire on 31 March 2028.  A new document must be requested and issued before 31 March 2028.  Otherwise, you, as a dual Dutch national, will lose your Dutch nationality [1 April 2018 + 10 years (document validity) = 31 March 2028 (expiration date; loss of Dutch nationality if a new document has not been requested and received)].

Option 2:  Move back to the Netherlands (including Bonaire, Sint Eustatius or Saba), Aruba, Curaçao, Sint Maarten or any other member state of the European Union in the year immediately preceding the year in which your document will expire and reside there officially for one uninterrupted year .

If you then leave again, a new 10-year period begins to run.

Since 9 March 2014, all Dutch passports, Dutch national identification cards or a Bewijs van Nederlanderschap/Dutch nationality certificate issued to individuals 18 years of age or older are henceforth valid for ten (10) years.

Dutch passports or Dutch national identification cards issued to a minor (those under 18 years of age) are valid for five (5) years only.

Dutch passports and Dutch national identification cards must be applied for in person at any Netherlands embassy or consulate worldwide.  This is required by a European Union Regulation that all passports and identification cards of a member state must contain biometric data taken by the authorities of that member state when the new document is requested.

A Bewijs van Nederlanderschap/Dutch nationality certificate may be applied for via post from the Netherlands embassy or consulate in your geographic area.  There is no need to appear in person for the Bewijs.

While it is not a travel document, the Bewijs is confirmation that you hold Dutch nationality on the date the Bewijs was issued.  From its issuance date, a new 10-year period begins to run.

Always remember the 10-year rule and always keep your document up-to-date.  Do not let your document expire.  Also be sure to retain all of your original former Dutch passports, Dutch national identification cards and/or your Bewijs van Nederlanderschap/Dutch nationality certificates.

Lastly, be aware that if you acquire a foreign nationality voluntarily by naturalization as an adult, the main rule is that you will automatically lose your Dutch nationality, unless you fall under one of the three (3) exceptions discussed above which entered into effect on 1 April 2003.

Therefore, it is good to remember that although you may be in possession of a valid Dutch document, you might have lost your Dutch nationality in the interim if you acquire a foreign nationality voluntarily and you don’t fall under one of the exceptions!  A Dutch passport is confirmation that you held Dutch nationality on the date the passport was issued.  A passport is merely a travel document.  A voluntary life event may have occurred in the meantime which resulted in the loss of your Dutch nationality.

If you have any concerns, contact the Netherlands embassy or consulate in your geographic area or contact the Immigratie- en Naturalisatie Dienst via e-mail at:  https://ind.nl/contact/Paginas/E-mail.aspx

In order to e-mail the IND, your question may only be written in Dutch or English.

You can also leave a question for The Indo Project below.  I’ll be happy to respond!

Paul Munsell is Dutch and American and owes his Dutch-Indonesian heritage to his Dutch mother and Opa, who was born in Banjarmasin (Borneo) and raised in Surabaya (Java).  Paul has intently studied Dutch nationality laws and regularly follows updates to any legislation regarding the Rijkswet op het Nederlanderschap.  You can follow his Facebook group specifically on Dutch nationality at:  Netherlands/Dutch Nationality Law Changes 2010 & Latent Dutch.

8 Comments on “Loss and Restoration of Dutch Nationality, version 2

  1. thank you for this article. I still have a question. My twin sister and I were conceived in Holland. I have an older brother who was born in Indonesia,(1953) a brother (1956) and a sister (1958) born in Holland and because of medical reasons, (my brother had severe asthma-had several convulsions) my family moved to California in July of 1961. My sister and I were born in February of 1962. We are now 57 years and I was wondering if we qualify for dual citizenship.

    • Hello. Place of birth (or conception) in the acquisition of NL nationality is irrelevant.
      However, you must provide a bit more information.
      1. Was your father an NL national on your date of birth (I’ll presume he was)?
      2. Did your father ever naturalize to a foreign nationality while you were a minor?
      3. With what nationality were you born with? (As you state you were born in the USA, you automatically acquired U.S. citizenship at birth, having been born on U.S., soil (jus soli)).
      4. We you living in your present country of nationality on 1 January 1995?

      If you were born a dual NL national and you lived in your country of present nationality on 1 January 1995, you would have lost your NL nationality on 1 January 1995 (i.e. 10 years after the Rijkswet op het Nederlanderschap (RWN)entered into effect on 1 January 1985).
      Under the former Artikel 15(c) explained in the article, NL nationality would automatically be lost by a dual NL national 1. who was living in his/her country of present nationality, and 2. who had reached the age of 28 years old. The loss of NL nationality would not enter into effect in this case before 1 January 1995.
      Hence, you lost your NL nationality as a dual NL national not residing in the Netherlands on 1 January 1995.
      However, you would have been able to make use of the one-time option procedure to have your lost NL nationality restored via option between 1 April 2003 and 31 March 2005 as you had lost your NL nationality under RWN Artikel 15(c) from the limited facts you have presented in your question.
      Unfortunately, this one-time option procedure has since expired.

  2. For the first time last year, I found myself renewing my passport and being given a 10 validity instead of the usual 5. Now I understand the reason why!

    • Hello. Even if your NL passport expired, as long as you were within the 10-year “window,” you would not have lost your NL nationality. NL passports were only valid for 5 years per statute until 9 March 2014. Beginning on 9 March 2014, all NL passports are henceforth valid for 10 years. NL passports issued to minors (i.e. those under 18 years of age) are still only valid for 5 years.

  3. Hi Paul,
    I live in the US and have a US passport. My NL passport expired in 2017, it was only valid for 5 years. Will I be able to obtain a new NL passport? Is the 10 year window from the year I left NL or when NL passport was provided or expired?
    Thank you!

    • Hi Julia.
      1. If your NL passport expired in 2017, it was issued in 2012, as prior to 9 March 2014, all NL passports were only valid for 5 years. Since 9 March 2014, all NL passports, NL national identification cards or Bewijs van Nederlanderschap/Dutch nationality certificates are valid for 10 years.
      2. As your NL passport expired in 2017, you have until 2022 to “renew” it. (2012 issue date + 5 year validity (as your NL passport was issued in 2012, it was only valid 5 years) = 2017 + 5 years (to be within the 10-year window) = 2022.
      3. If NL nationality is the only nationality you have, even if your NL passport expires you will not lose your NL nationality because otherwise you would be stateless. This is contrary to NL law and international law.
      4. Never let your NL passport expire if you are a dual NL national! A new NL passport, NL national identification card or Bewijs van Nederlanderschap/Dutch nationality certificate must be requested AND received in hand (merely applying is not sufficient; you must actually receive the new document) must be “renewed” within 10 years from its issuance date (i.e. before the 10-year window expires).
      5. Remember, it is only if 1) you are a dual NL national and 2) you do NOT permanently reside in i. NL (including Bonaire, Sint-Eustatius, Saba), ii. Aruba, iii. Curacao iv. Sint Maarten or v. any other member state of the EU that the 10-year window will apply to you pursuant to the provisions for loss of NL nationality under the Rijkswet op het Nederlanderschap, Hoofdstuk V (Verlies van het Nederlanderschap), Artikel 15 (1) c.
      You are still an NL national, but if you do not renew your NL passport by 2022 and you do NOT reside in one of the geographic areas hereabove referenced and you ARE a DUAL NL national, you will automatically lose your NL nationality by not renewing in a timely manner.
      Best regards.

  4. hey Guys,

    We have been batling with the dutch embassy about our passports from 2002 . I had never registered for one but my father had to renew his so i can get mine. Time passed mails were sent back and forth but at the end of the day dutch embassy concluded that my father was born out of wedlock since his parents married 2 years after his birth. At that time it was not clear what they wanted. Fast track to this year my father mother managed to get a traditional marriage certificate that proved my father was born in a marriage which was later convereted to a christian marriage two year after.
    Please advise will we both still fall under the 10 year term since all this time the embassy were not clearly letting us know what they need. ?

    Please note
    1.) My opa was born in the netherlands
    2.) My oma was born in kenya but of Ugandan descent and automatically got dutch ciztizenship upon marrying my opa in 1963(Christian marriage) and I believe she getting customary marriage certificate of 1961 (Just a few months before my fathers birth) that would have made her dutch in 1961 and not 1963 . Please elaborate on the law of marriage then

    My father passport expired in 1987 just before my birth and could not renew it as his father had passed on in 1981 and him being the eldest he had take care of his sibling. Far much in 2002 the rest of his siblings applied for passports at the embassy in Nairobi and were issued. To date he had issues .

    Kindly clarify would he fall under 10 year since he has expired dutch passport but was not born in kenya so he doesnt have kenyan nationality and has never lived in his country of birth uganda?He married my mother 1998

    NB:
    I also got 10 year problem but the whole delay was because of them

  5. You state your father’s NL passport expired in 1987 just before your birth.

    However, you do not give enough information.
    1. Did your father at that time in 1987 have another nationality?
    2. What was the nationality of your father on your date of birth and through your 18th birthday?
    3. With what nationality were you born in 1987?
    4. Did your father have a valid NL passport at any time from your date of birth through your 18th birthday?
    5. What was your mother’s nationality on your date of birth?
    6. Did your mother acquire any other nationality from your date of birth until you were 18 years old?
    7. What is your current nationality?
    8. Have you ever had an NL passport, a Bewijs van Nederlanderschap/Dutch nationality certificate or NL national identification card?

    Please write short, concise, individual sentences. Please do not use a long paragraph with all the information.

    It is easier to have all the information listed on separate lines in order for me to be able to see how the events and years unfold.

    One thing you need to know is that under NL civil law at the time, if a Dutch father was married to a woman, but then this same Dutch man had a child out of wedlock with another woman, the child did not acquire the Dutch father’s nationality automatically as the Dutch father could not acknowledge the child as he was married to another woman.

    Additionally, if 1. at least 10 years has elapsed since your father’s last NL passport was issued and 2. he has resided continuously outside the Netherlands (including Bonaire, Sint Eustatius and Saba), Aruba, Curacao, Sint Maarten or any other member state of the European Union for those ten (10) years and 3. he has not applied for and received in hand a new NL passport, NL national identification card of Bewijs van Nederlanderschap/Dutch nationality certificate, then your father has lost his NL nationality definitively. Rijkwet op het Nederlanderschap, Hoofdstuk V (Verlies van het Nederlanderschap), Artikel 15 (1)c.

    In the hypothetical situation you were born in 1987 and in the hypothetical situation you were born with NL nationality, you turned 18 in 2005.

    If you were living for ten uninterrupted years outside of the geographic areas hereabove listed past age 18 and you never applied for and received in hand 1) an NL passport or 2) an NL national identification card or 3) a Bewijs van Nederlanderschap/Dutch nationality certificate, then you definitively lost your NL nationality on your 28th birthday in 2015 under the same RWN, Artikel 15(1)c.
    [born 1987+18 years (age of majority)=2005 + 10 additional years = 2015/age 28.]

    However, as requested above, you need to provide more information.

    Regards.

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