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:
- 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:
- 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);
- 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;
- 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);
- 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
- 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).
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.
Example: 1 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:
- they had been born in the country whose nationality they possess; and
- they had lived in that country for more than ten (10) uninterrupted years subsequent to age 18; and
- 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.
Example: 31 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?
Example: 31 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(4).)
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.
DISCLAIMER: The information provided in this article is information provided by the author and not The Indo Project. This advice does not constitute legal advice. The advice you are receiving as a result of your questions is provided for informational purposes only.
Hi Paul
I became Dutch due to the naturalization procedure, meaning I had to renounce the nationality of my birth.
However if i return to the country of my birth, and resume my citizenship of that country (I lived in the country of my birth from birth to age 25, when i moved to the Netherlands and acquired my Dutch citizenship at the age of 37), would I be able to stay a dual national under the exception that I acquired the nationality of the country of my birth while residing in the country of my birth?
Thank you
Hi Paul,
Thank you for your detailed responses. My partner was born in Holland in 1950 and emigrated with his Dutch parents to Canada c. 1953 due to the extreme poverty experienced after WWII. Later his family emigrated to the US and as an adult he became a naturalized US citizen. He has never held a passport from the Netherlands. Is there any path for him to regain his citizenship and ultimately a passport?
Pat
Hello Pat.
1. I do not understand what you mean exactly by the word “partner”? “Partner” is just a generic word that does not define any civil status.
2. Do you mean your spouse, i.e. husband?
Or registered civil partner? Or civil partner? (because under Dutch law a “civil partner”/”common law” partner does not exist. A “registered civil partner” exists, but is a specific, legal term).
3. Your “partner” was born in the Netherlands in 1950, and emigrated from the Netherlands, and immigrated to Canada at age 3 in 1953.
4. He was born a Dutch national IF AND ONLY IF his father was a married Dutch national on his date of birth as obviously your “partner” was born prior to 1 January 1985. Artikel 1a Wet op het Nederlanderschap en het Ingezetenschap (1892) in force from 1 July 1893 through and including 31 December 1984.
5. In this case, i) his mother’s Dutch nationality and ii) his birth in the Netherlands are entirely irrelevant facts in the acquisition of Dutch nationality at birth through his married Dutch national father only.
A child does not acquire Dutch nationality by birth in the Kingdom of the Netherlands, barring a specific exception that does not apply to your him.
6. Prior to 1 January 1985 a child did not acquire Dutch nationality through its Dutch national mother at all if 1. the parents were married and the father was a Dutch national; or, if the parents were unmarried, 2. the father was a Dutch national, but had not legitimated or acknowledged the child; or, 3. the father was not a Dutch national. If the father was a foreign national, and only the mother was a Dutch national, the child acquired the father’s foreign nationality and not the unmarried mother’s Dutch nationality.
7. His never holding a Dutch passport does not change the situation: acquisition of Dutch nationality at birth through his married Dutch national father only. Dutch nationality is not acquired by holding a Dutch passport, nor is a minor-age child required always to be in possession of a Dutch passport at all to acquire or retain Dutch nationality.
8. Hence, the fact he never held a Dutch passport as a minor is irrelevant as it also is until he naturalized U.S. Otherwise, he would have been stateless, and this is impermissible under Dutch law. A passport is a travel document only.
9. Therefore, even though he was born in the Netherlands (“geboren”), he was not raised there (“getogen”). “Raised” in the Netherlands means the child acquired all its primary education (“basisonderwijs”) in the Netherlands. In the Netherlands, basisonderwijs is given from age 4 to age 12.
10. He naturalized U.S. voluntarily as an adult. You have not stated at what age he naturalized U.S. If he was already considered an adult under Dutch law at the time of naturalization, then he automatically (i.e., immediately; instantaneously) lost his Dutch nationality. No formal renunciation is required under Dutch law. And even if he did not wish to lose his Dutch nationality upon naturalization, or even if he was unaware he would lose it upon voluntary naturalization in another country, or no one informed him of such loss, are irrelevant facts: loss of Dutch nationality regardless on the U.S. naturalization date.
11. Additionally, the fact his parents emigrated from the Netherlands because of extreme poverty is not a way in which Dutch nationality is retained under Dutch law. Therefore, this fact also is irrelevant.
12. Since 1 April 2003, a Dutch national does not necessarily lose Dutch nationality under three (3) specific exceptions under the current Rijkswet op het Nederlanderschap.
13. These exceptions entered into force on 1 April 2003, and are still in effect today.
14. Since the law only goes forward in time, it does not cover situations of loss of Dutch nationality that occurred prior to 1 April 2003. Nor do these exceptions apply to voluntary naturalization to the Austrian nationality at this time, in which case Dutch nationality always is lost when naturalizing Austrian under any circumstance.
15. In order for certain categories of former Dutch nationals to re-acquire Dutch nationality, the Dutch legislator implemented a 10-year period for certain former Dutch nationals to re-acquire Dutch nationality by option statement abroad, and retain their foreign nationalities upon re-acquisition of Dutch nationality.
16. This temporary option period ran: from 1 April 2003 through and including 31 March 2013 (an exact 10-year period).
17. If he had resided for at least five (5) uninterrupted years in the U.S.A. as a minor before he voluntarily naturalized U.S. as an adult and before 1 April 2003, then he was required to apply to re-acquire Dutch nationality by option statement to the Netherlands representation in the U.S.A. during the aforementioned period. Upon approval of his option application, he would have reacquired Dutch nationality (but without retroactive effect to its date of loss, i.e., the U.S. naturalization date). He would be permitted to retain U.S. nationality.
18. Unfortunately, this 10-year option period expired 10 years ago: on 1 April 2013.
19. Conversely, if he resided for at least five (5) uninterrupted years as minor in Canada before naturalizing Canadian as an adult and prior to 1 April 2003, he could have submitted the same option application to the Netherlands representation in Canada.
20. Currently, none of the limited categories for acquiring Dutch nationality by option statement that may be submitted abroad apply to him: he is dealing with the RE-ACQUISITION (emphasis added) of Dutch nationality by option statement, and NOT its first-time ACQUISITION.
21. Since he was born in the Netherlands, but was not raised there (“getogen”), he is ineligible for automatic issuance of the special Wedertoelating (“Re-admission”) visa in order to re-immigrate to the Netherlands as a former Dutch national. Said Re-admission visa is only issued upon request to a former Dutch national both 1. born; and 2. raised in the Netherlands. Both criteria must be met. In this case, country of current residence and/or country of current nationality are irrelevant for issuance of this visa.
22. The Re-admission visa is a long-term visa for a non-temporary purpose (visum langdurig verblijf voor een niet-tijdelijk doel). The visa must be non-temporary in nature.
23. For him to be eligible for the Re-admission visa, in his case, given he was not raised in the Netherlands until at least age 12 since birth, he may not be residing in the U.S.A., the country of which he is also a national. He would be required to be residing permanently in another country, i.e., the Kingdom of the Netherlands or a third country. Additionally, he would be required to demonstrate he had obtained at least one-half of his primary education in a school system abroad based on the Netherlands school system. Additionally, he would be required to demonstrate effective ties to the Netherlands, such as employment with the Dutch civil service abroad or similar tie.
24. The Re-admission visa is only issued for eventual residence in the European Netherlands, thus not for Aruba, Curaçao, or the Dutch side of Sint-Maarten.
25. A former Dutch national both born and raised in the Netherlands does not have to demonstrate these effective ties.
26. Naturalization is also possible. However, naturalization to the Dutch nationality is not permitted when the foreigner is residing in his current country of nationality, in this case the U.S.A. Further, main residence must be either in the Kingdom of the Netherlands with a long-term visa for a non-temporary purpose, or in a country other than the U.S.A. (a “third” country, as stated), and all other requirements for eventual naturalization must be met, which would include the fact he would qualify for a long-term visa for a non-temporary purpose to reside in the Netherlands in the first place.
27. Additionally, naturalization is a lengthier process than re-acquisition of Dutch nationality by option statement.
28. Upon main residence in the Kingdom of the Netherlands for at least one (1) uninterrupted year with a long-term visa for a non-temporary purpose, he could submit an application for re-acquisition of his Dutch nationality by option statement to the municipality in the Netherlands in which he has his main residence, and retain any other nationalities he holds. This is the only option statement that may eventually be submitted by any former Dutch national. Nevertheless, it requires main, long-term, non-temporary purpose residence in the Netherlands for at least one (1) uninterrupted year. Artikel 6(1)f Rijkswet op het Nederlanderschap
29. In sum, unless he can qualify for a long-term/non-temporary residence permit for the Netherlands, he is unable to re-acquire Dutch nationality by option statement abroad. This is the quickest and easiest way currently for a former Dutch national to re-acquire Dutch nationality by option statement. Solely being a former Dutch national not both born and raised in the Kingdom of the Netherlands is insufficient for issuance of the Re-admission visa.
• If U.S. naturalization occurred as a single adult and prior to 1 January 1985, then automatic loss of Dutch nationality under Artikel 7(3) WNI (1892).
• If U.S. naturalization occurred as a single adult on or after 1 January 1985, and before 1 April 2003, then automatic loss of Dutch nationality under Artikel 15a RWN (1985) (oud).
• If U.S. naturalization occurred as an adult in the past, and before 1 April 2003, and he was married to a U.S. national on the U.S. naturalization date, then automatic loss of Dutch nationality under Artikel 15a RWN (1985) (oud), but the aforementioned 10-year temporary option period was open to him.
• If U.S. naturalization occurred as a single adult in the past, and before 1 April 2003, and he had resided for at least five (5) uninterrupted years as a minor in the U.S.A., then automatic loss of Dutch nationality, but the aforementioned 10-year temporary option period was open him.
In all cases above, loss of Dutch nationality was automatic, as stated. It occurs by operation of Dutch law (“van rechtswege”).
Since he is not in possession of Dutch nationality currently, a Dutch passport (a travel document) cannot be issued to him.
I hope this detailed information assists him and you.
Best regards.
Hello Paul,
Thanks for posting the very informative article, and for your diligence in providing so many people with such detailed responses. I have gone through most of the responses looking for something similar to the situation my wife is in. While I believe a lot has been clarified, I have one outstanding question regarding how the impact of her losing her Dutch (and therefore EU citizenship) had a disproportionate impact on her. But first, here’s the background.
My wife was born in June 1986 in Canada to her Canadian Mother and Dutch Father. Her parents were not married at the time, but he acknowledged his parentage of my wife at her birth; he is named as the Father on her birth certificate. My wife’s Dutch Father was a Dutch national at the time of her birth, and has maintained this status to present day. He currently holds a valid Dutch Passport, and has never taken on Canadian Citizenship but is a Canadian Permanent Resident. For these reasons, I interpret that my wife was a Dutch Citizen by birth. However, they never applied for any citizenship documentation or passport for her.
Because my wife and her father were unaware of her status as a Dutch Citizen, they never made applications for documentation. She grew up in Canada up to and past her 18th birthday. She did not apply for any documentation during the ten year period after her 18th birthday while she lived as a Canadian Citizen in Canada. As a result of this, I understand that she thus lost her Dutch citizenship.
In June 2018, we moved from Canada to live in Germany, where we live currently. Since that move, my wife has held a residence permit here in Germany, and has been employed for nearly that entire period. Our plans are to stay long term in Europe, with an interest in a possible move to the Netherlands as well. For this reason, my wife has an interest in re-gaining her Dutch Citizenship through the option process. As we are currently residing in the EU, her being deprived of her EU Citizen rights subjects her to periodic renewals of her residence permit with the German government to maintain her employment and permission to live here. She holds a position of importance with her employer, and should her residency status change it would negatively impact their business. As we also have a long-term interest in remaining, she wishes to take part in the democratic process and vote in EU parliamentary elections.
My question is this: are the preceding reasons a demonstration of disproportionate impact? For the Dutch authorities, we can certainly demonstrate with documentation the duration of our residence in Germany, her employment and residence permit status, and bank statements, bills and our apartment lease tying us to our life here. Are they likely to find this compelling?
Thanks in advance for any information you can provide. We appreciate it!
Hello Mitchell.
There was no Dutch nationality for your wife’s father or for her ever to “apply” for. This means there was never any documentation or Dutch passport to apply for in order to acquire Dutch nationality. Your wife was born a Dutch national.
The ways in which Dutch nationality is acquired, retained, and lost are clearly stipulated point by point in the Rijkswet op het Nederlanderschap.
Applying for a citizenship document, etc. is not a way in which Dutch nationality is acquired.
Also, the fact your wife’s father is still a Dutch national has been irrelevant to your wife since her 18th birthday since, as a dual adult Dutch national upon turning age 18, her retention of Dutch nationality (contrary to being a dual Dutch national minor) no longer was incumbent upon her father’s retaining his Dutch nationality.
Moreover, the fact that perhaps neither her father, nor your wife knew she was born a Dutch national is irrelevant. The acquisition of Dutch nationality occurs by operation of the Rijkswet op het Nederlanderschap.
There appears to be some misunderstanding about the proportionality test to which you are referring.
The European Court of Justice has ruled that the Netherlands, as a sovereign nation, has the absolute right to determine under its laws who is and who is not a Dutch national, and the Netherlands (and any other country) has the right to stipulate in its laws how its respective nationality may be retained and lost due to certain factors.
These factors for automatic loss of Dutch nationality, however, must be proportional to the effect such loss may have on the exercise of EU citizens’ rights at the moment Dutch nationality was lost, and NOT due to events that were not occurring on the date of loss under the RWN or that were not reasonably foreseeable within a short time period/proximate date around the date of loss.
From the facts you have shared, your wife turned age 18 in June 2004. She turned age 28 in 2014. Between 2004 and 2014 she resided as a dual adult Dutch national uninterrupted outside the Kingdom of the Netherlands or any other E.U. member state or geographic territory to which the Treaty on the European Union applies (in Canada).
During this 10-year period, she did not apply for, and was not issued with, either i) a new Dutch passport, or ii) national identity card, or iii) Verklaring omtrent het bezit van het Nederlanderschap (Certificate of Dutch nationality) by her 28th birthday in June 2014 in Canada.
Whether she was aware of this requirement is irrelevant under Dutch law. Dutch jurisprudence and rulings from the Supreme Court of the Netherlands (Hoge Raad der Nederlanden) have consistently applied and reinforced the concept that it is the responsibility of a Dutch national to know what factors under Dutch law could result in the automatic loss of Dutch nationality, including, inter alia, its possible loss due to long-term residence abroad as a dual Dutch national.
Therefore, the milestone date (the “peildatum”) regarding the proportionality of the automatic loss of Dutch nationality with regard to the exercise of any E.U. citizens’ rights or that your wife had every proximate intention to exercise them was on your wife’s 28th birthday in June 2014, and not now.
You have stated you both moved to Germany in 2018, nearly four years later. That is not a date occurring on or around the milestone date of her 28th birthday in June 2014. Unless she can prove by unequivocal, objective evidence around her 28th birthday she was availing herself of, or was intending to avail herself of E.U. citizens’ rights at that time, then the proportionality test assessment for the reinstatement of Dutch nationality will most certainly fail.
Future plans at a more distant date in the future—such as a move to, and subsequent employment in, Germany in 2018—ostensibly are unrelated to any exercise of E.U. citizens’ rights in June 2014.
The fact her residence in Germany based on her German employer’s renewal of any residence visas/permits are unrelated to the exercise of E.U. citizens’ rights in June 2014. The fact she may be unable to obtain residency in Germany now by not being a Dutch national presently does not prevent her from entering the European Union as a Canadian.
While you and she may have long-term plans now to remain within a European Union member state (Germany, at present) and/or relocate to the Netherlands (at a future date long after 2014), such are determinations that are being made now, and those have nothing to do with the exercise of E.U. citizens’ rights in June 2014, the year in which your wife lost Dutch nationality for failure to be issued with a Dutch document by age 28 in Canada as required by Artikel 15(1)c RWN. This Artikel 15(1)c has been in effect since 1 April 2003.
The documentation from the German authorities and her employer in Germany are present documents. They do not date to the June 2014 milestone date, namely that unless your wife were a Dutch citizen in June 2014 that she would be unable to obtain the position in Germany at that time. This means that she would be unable to obtain that job in Germany in June 2014 unless she were a Dutch national.
Those documents deal with residency in Germany since your move to that country in 2018, which is not the same thing as the exercise of E.U. citizens’ rights in June 2014, such as future plans to participate in the democratic process within the European Union now as a national of an E.U. member state.
For example, if in June 2014 your wife could demonstrate that she had already participated in past Dutch or E.U. elections for the E.U. parliament, and that her non-timely issuance of a Dutch document on 28th birthday or on a proximate (“near future”) date after her 28th birthday impacted her ability to vote in future Dutch or E.U. parliamentary elections as a prior voter, then this could be evidence your wife has been disproportionately affected by the automatic loss of her Dutch nationality in 2014 pursuant to Artikel 15(1)c RWN.
But it is now 2023, nine years after her 28th birthday in June 2014. The move to Germany occurred in 2018, four years after.
This is the reason why the documents you currently have from your present situation in Germany are unrelated to the June 2014 milestone date. As such, these documents do not evidence the disproportionate loss of Dutch nationality had on any E.U. citizens’ rights you wife must have been exercising in June 2014 for a successful outcome now. For this reason, they do not appear to be compelling in relation to June 2014.
It would be required to show tangible evidence/proof dating to the June 2014 milestone date from which one can determine the loss of Dutch nationality at that time was disproportionate to the exercise of E.U. citizens’ rights at that time (June 2014). For a successful outcome, your wife would be required to submit evidence from which it can be inferred that around the time of the loss—her 28th birthday in June 2014—she had concrete plans to settle in the Netherlands or another EU member state, for example.
The Supreme Court of the Netherlands has ruled that, “the reference point at which the principle of proportionality must be assessed is the moment of the loss of Dutch citizenship.” The Court thus ruled that only facts and circumstances related to rights arising from European citizenship on the date of loss are relevant for the proportionality test.
In a recent ruling from 2022, another court in the Netherlands ruled that, “[t]he court considered that, according to established case law of the highest administrative court . . . it was up to the claimant himself to ascertain the consequences of living as a dual Dutch national in another country for his Dutch citizenship.” (translation)
While the above is in no way legal advice, I hope it sheds some light on how the proportionality test operates. Objective evidence dating to 2014 as explained above is necessary to submit for a positive outcome. Subjective evidence, or distant, future, or non-tangible plans or evidence will not pass muster. Subjective evidence that does not pass muster are arguments that the former Dutch national: “still feels Dutch,” “celebrates Dutch holidays,” “has Dutch parents or relatives in the Netherlands,” “speaks, reads, and/or writes the Dutch language” etc. have been arguments claimants have asserted in Dutch courts.
Dutch courts consistently set aside these subjective arguments because they are i) unrelated to the exercise of E.U. citizens’ rights, and such ii) subjective feelings are not ways by which Dutch nationality is retained under the specific provisions of the Rijkswet op het Nederlanderschap enumerating how Dutch nationality is acquired or retained in the first place.
Best regards.
Hi Paul! Thanks for such amazing information!
Based on your article, I realize that I have lost my Dutch nationality.
I do have a few questions.
Here is my info…then I will ask my questions.
I was born in NL in 1969 to a Dutch mother and Dutch father (born in 1949 and 1947 respectively).
We immigrated to Canada in 1971. I have lived in Canada ever since and became a Canadian citizen in 2004. My last Dutch passport expired in 2009 ( issued in 2004). I didn’t renew it because I now had a Canadian passport on which to travel. Unfortunately, I had no idea I would lose my Dutch nationality by letting my passport expire and not renew it before so many years went by. My two sons were listed in my last Dutch passport. They were born in 1997 and 1999.
Here are my questions:
1. If I get the visa and live in Nederland for a year and happen to get my Dutch nationality back, do I have to renounce my Canadian citizenship?
2. Are my sons still able to apply for a Dutch passport? (Are they still Dutch nationals)?
3. If I live in curaçao for a year am I able to apply to reinstate my Dutch nationality?
The plan was to “retire” in curaçao but it looks like I may have messed that plan up by simply not renewing my passport.
Any help or advise you may have for my situation would be greatly appreciated!
Hello Nancy.
Thank you for your kind words.
Below the answers to your questions.
1. Acquiring or re-acquiring Dutch nationality by option statement never requires renunciation of all other nationalities EXCEPT in one (1) specific circumstance: a foreigner who has resided in the Kingdom of the Netherlands uninterrupted since at least the age of 4, and at age 18 or older, the foreigner (now of age) wishes to acquire Dutch nationality by option statement. In this one case, all other nationalities must be renounced if the country of other nationality permits renunciation. Artikel 6(1)e Rijkswet op het Nederlanderschap
Therefore, no. You are not required to renounce your Canadian nationality: You may retain it in your case.
2. No. Your sons are no longer Dutch nationals. They are thus ineligible to be issued with Dutch passports.
Since 1 April 2003, a child under age 18 with a second nationality in addition to Dutch nationality retains Dutch nationality; provided, however, the child continues to have at least one (1) parent who retains Dutch nationality until the child turns age 18; provided, however, the child does not become stateless when losing Dutch nationality automatically because the child no longer has at least one (1) parent who remains a Dutch national. Artikel 16(2)a RWN
– As Son #1 was born in 1997. I shall presume he was also a Canadian national at that time. 1997 + 18 years = 2015. Son #1 was still underage (age 17) in 2014 (the 10-year anniversary date you acquired Canadian nationality). Son #1 lost Dutch nationality automatically in 2014 on the date you lost Dutch nationality under Artikel 15(1)c RWN (effective date: 1 April 2003). Son #1 therefore is ineligible to be issued with a Dutch passport since he has no longer been a Dutch national since 2014.
– Son #2 was born in 1999. I shall presume he was also a Canadian national at that time. 1999 + 18 years = 2017. Son #2 was still underage (age 15) in 2014. He lost Dutch nationality also on the 10-year anniversary date of your Canadian naturalization. He too is ineligible to be issued with a Dutch passport.
3. Yes. Curaçao is part of the Kingdom of the Netherlands. Provided you are able to be qualify for and be issued with a long-term visa for a NON-TEMPORARY purpose (emphasis added) [visum langdurig verblijf voor een niet-tijdelijk doel] to reside in Curacao, after one (1) year of uninterrupted main residence in Curacao, you may apply for reacquisition of Dutch nationality by option statement without retroactive effect to its date of loss in 2014, and retain any other nationalities you currently hold. Artikel 6(1)f RWN
There are slightly more stringent requirements for long-term visas for a non-temporary purpose that apply to Curacao.
However, were you ever to re-acquire Dutch nationality now, this would have no effect on your sons. They are now adults under Dutch law. They must qualify on their own merits for any long-term visa for a non-temporary purpose.
As a side note, it is incorrect you lost Dutch nationality in 2009, the year in which your last Dutch passport expired. Prior to 9 March 2014, all Dutch passports were valid for five (5) years only since date of issue. However, Artikel 15(1)c RWN that stipulates a dual Dutch national adult, residing uninterrupted outside the Kingdom of the Netherlands or any other E.U. member state or geographic territory where the Treaty on the European Union applies for 10 years since the last Dutch document was issued shall lose Dutch nationality automatically if ten (10) years has elapsed, and a new document has not been issued.
After said document is issued, a new 10-year period begins to run if and only if said dual Dutch national continues to have main residence outside the geographic territories hereabove mentioned. Artikel 15(4) RWN
You naturalized Canadian in 2004. It is on that Canadian naturalization date that the 10-year countdown started running for you because from that date, you were now a dual national residing outside those geographic territories hereabove mentioned1(Canada).
Therefore, the 10-year clock expired for you on the 10-year anniversary date of your Canadian naturalization: in 2014.
On the other hand, if your last Dutch passport was issued in 2004 — but after your Canadian naturalization date — then, the 10-year countdown began to run on that last Dutch passport’s issuance date. The 10-year period would also have expired in 2014.
Your mother’s Dutch nationality and your birth in the Netherlands are not ways in which you acquired Dutch nationality at birth: cumulatively, 1. you were born in 1969, and 2. your father was a married Dutch national on your date of birth. Artikel 1a Wet op het Nederlanderschap (1892) in force from 1 July 1893 through and including 31 December 1984
This is the manner in which you acquired Dutch nationality at birth.
Prior to 1 January 1985, a child who was born of a married Dutch national father acquired Dutch nationality through him only, and not through the married Dutch national mother in this case.
There have always been provisions in place for automatic loss of Dutch nationality in various forms since 1838 and thereafter. These provisions for automatic loss of Dutch nationality due to long-term residence abroad have changed in various ways since then.
Nevertheless, in your case, you lost Dutch nationality because of long-term residence abroad (Canada, thus outside the Kingdom of the Netherlands or any other E.U. member state) with a second nationality, and before 10 years had elapsed as a dual Dutch national, a new Dutch document (either a new 1. Dutch passport; or 2. A national identity card/NIK; or 3. a Verklaring omtrent het bezit van het Nederlanderschap (Certificate of Dutch nationality) had not been issued to you in order to “reset” this 10-year clock.
Any of these three (3) documents before 2014 would have “reset” the 10-year clock for you and your minor-age sons at the time.
Despite your birth in the Netherlands, your family emigrated in 1971 when you were two (2) years old. You therefore are not considered to have been raised (“getogen”) in the Netherlands. “Getogen” means that between ages 4 and 12, you received all of your primary education (basisonderwijs) in the Netherlands. In this case, you do not qualify for the automatic Wedertoelating (Readmission) visa to return to the Netherlands given your not having been raised there. This is the reason why you must become eligible for another type of long-term visa for a non-temporary purpose (the majority of visas to reside in the Netherlands are short-term visas (visum voorlopig verblijf)).
Even so, the Wedertoelating visa is only issued for residence in the European Netherlands, and not for Curacao.
I hope the above explanations have answered your questions.
Best regards.
You are incredible at what you do. Your knowledge in these matters is absolutely astounding!
I’m going to ask another question, if I may.
Now that you know my history, I’m wondering if you could give me some advice as to the best way to become a permanent resident (and then perhaps a citizen) in curaçao. Do you think it’s best that I try to re-instate my Dutch nationality (by living there a year as per the info you gave me), or is it best to pursue it as a Canadian?
I’ve done so much research and yet your information is the best I’ve come across.
I thought I’d try my luck and see if you have some knowledge in this regard as well.
Thanks so much!
I do not understand what you mean by “is it best to pursue it as a Canadian?”.
You are a Canadian, so there is no other nationality by which you could apply for any eventual approval of a long-term visa for a non-temporary purpose other than as a Canadian no matter what country to which you would wish to immigrate.
I explained how you would not qualify immediately for the Re-admission visa given the fact you were also i. not raised in the Netherlands until at least age 12 despite ii. your birth in the Netherlands of a iii. married Dutch national father prior to 1 January 1985.
Plus, the Re-admission visa is only issued for eventual long-term, non-temporary purpose residency in the European Netherlands, hence not for Curaçao, Aruba, or the Dutch side of Sint-Maarten.
You may wish to contact the Immigrate- en Naturalisatiedienst/IND or via its comprehensive website.
I have explained how you acquired Dutch nationality at birth, and how it was lost due to the passage of 10 years after your Canadian naturalization date in 2004 (i.e., in 2014) for both you and your sons (who were still minors under Dutch law in 2014).
For immigration questions, those should be directed to the IND. The IND approves the issuance of visas, and not a Netherlands representation abroad (be it a Netherlands embassy or consulate-general).
Best regards.
Hi Paul. I am a Indo, born in 1965, in the US. My Indonesian born father was a Dutch citizen, at the time of my birth and through most of my adulthood. While I understand that I have lost my Dutch citizenship, due to time and lapse in obtaining acknowledgement as a Dutch National, I am wondering if it is worth the effort to try an option application for Dutch citizenship. The “disadvantage/hardship” being that I have a daughter and her husband now residing in the Netherlands, starting a family. Thank you for all the information you provided. Your insight and expertise is appreciated.
Hello Anna.
I do not understand what you mean by “option application.”
There are no option procedures for which you would qualify that may be applied for abroad as a former Dutch national. The categories to ACQUIRE (not RE-ACQUIRE) Dutch nationality abroad are limited and limited in scope. To re-acquire Dutch nationality by option procedure as a former Dutch national would necessitate returning to the Netherlands first with the requisite long-term visa for a non-temporary purpose in order to be eligible for a residence permit. Artikel 6(1)f RWN.
You have not stated whether your daughter is a Dutch national herself, or an E.U. member state or Swiss national residing legally in the Netherlands.
It is quite difficult for an adult Dutch national adult to sponsor a non-Dutch national parent to come to the Netherlands. There are income requirements for the adult child in the Netherlands, but first and foremost more than usual emotional or dependency issues must be met. “Getting older” or the child’s “starting a family” and/or “needed family care” do not meet the bar according to the IND.
Evidence that healthcare is unavailable in the home country must be proven also.
If you wish to return to the Netherlands because you wish to be closer to your daughter because she is starting a family would most certainly not meet the criteria.
It would be advisable you contact the IND directly. All its contact information is readily available on the internet. Is there a reason your adult daughter in the Netherlands has not consulted the IND himself since she resides in the Netherlands?
Otherwise, you may wish to consult a Dutch immigration attorney specialized in this field.
Lastly, to clear the matter up: if you were born in the U.S.A., you acquire U.S. nationality at birth. Your father was a Dutch national on your date of birth in 1965. You were thus also born a Dutch national. If, since 1 January 1985 through and including 31 December 1994, you were residing uninterrupted in the U.S.A., your country of birth and of which you were also a national, then the earliest you would have lost Dutch nationality is: 1 January 1995.
Please note: even if you had a valid Dutch passport or had been issued with a Certificate of Dutch nationality between 1 January 1985 through and including 31 December 1994, this would have made absolutely no difference. You would have lost Dutch nationality anyway effective 1 January 1995. Artikel 15c RWN (1985) (oud) This is important to remember. Dutch nationality was NOT retained effective 1 January 1995 just because of a valid Dutch document. Your statement must thus be reworded in this context.
Further, then either Point 1. or Point 2. below applies to you:
1. if between 1 January 1990 through and including 31 December 1994, you had, indeed, been issued with a Dutch document (one would not have been issued to you anyway effective 1 January 1995), then effective 1 February 2001, your Dutch nationality would have been considered never to have been lost. Nevertheless, if you were residing in the U.S.A. starting on 1 April 2003, you were required to be issued with a new Dutch passport, national identity card, or Certificate of Dutch nationality by 31 March 2013 (an exact 10-year period). Failure to do this would result in automatic loss of Dutch national again effective 1 April 2013.
2. if between 1 January 1990 through and including 31 December 1994, you had NOT been issued with a Dutch document, then you had the opportunity to apply for re-acquisition of Dutch nationality by option statement in the U.S.A. between 1 April 2003 through and including 31 March 2005 (an exact 2-year period). In this case, your Dutch nationality would have been restored with retroactive effect to its original date of loss under Artikel 15c RWN (1985) (oud): 1 January 1995 (age 30).
Artikel 15c RWN (1985) (oud) ceased to have force of law effective 1 April 2003, when the “renewal” requirement was instituted for dual adult Dutch nationals residing uninterrupted for ten (10) years outside either 1. the Kingdom of the Netherlands; or 2. any other E.U. member state or geographic territory to which the Treaty on the European Union applies pursuant to Artikel 15(1)c RWN.
In sum, the earliest you ever could have lost your Dutch nationality as a dual adult Dutch-U.S. national residing in the U.S.A. uninterrupted between 1 January 1985 (age 20) through and including 31 December 1994 was: 1 January 1995 (age 30).
And, even if you had a valid Dutch document on that date (1 January 1995), this would have made absolutely no difference: loss of Dutch nationality [Artikel 15c RWN (1985) (oud) as explained in detail in the article].
Many former Dutch nationals are under the mistaken impression that if they had a valid Dutch document on 1 January 1995 (if they were already age 28, but had not yet turned age 31) (or if they turned age 28 after 2 January 1995) that this would have resulted in their retention of Dutch nationality as adult dual Dutch nationals residing in their country of birth. But this is not so. Artikel 15c RWN (1985) (oud) was in effect, not the newer Artikel 15(1)c RWN that replaced it, and entered into force on 1 April 2003.
Effective 1 February 2001, as explained above, it would entirely depend on whether between 1 January 1990 and 31 December 1994, they had been issued with a Dutch document in the first place (see Point 1. and Point 2. hereabove that explain the difference).
Best regards.
Hello Paul,
I was born in Den Haag on March12, 1941
My father born in Paramaribo Dutch Guiana July 04,1903
My mother born in Tirol Austria, (now Bolzano Italy) Jan. 12,1905
They married in Holland Sep.08,1937
They have both died, My mother in 1963, and my father in 1976
My mother brought me to America Oct.15, 1947 I was 6 years old
My father had arrived earlier Aug.13,1947
They were both Naturalized May 26,1953 I was 12years old
I got my first US passport with great difficulty in Sep.17,1969 I was 28 years old
when I started working for KLM in New York City and I they sent me to Holland for training.
I am still working for an airline (American Airline)and have been back to visit my family in Holland
ever since 1969 as my passports will attest.
I have made an option appointment with the Netherlands Consulate General in San Francisco
May 10, 2023 at 1130am
I will have to fly up there and back from Los Angeles and pay a fee.
I do not want to waste both our time by not being prepared with the right document
or not being eligible etc.
Their web site is not clear… I thought that once I made the appointment they would send me a form and instructions as to what document to bring etc.
But they haven’t …….
I did find a form but it is in Dutch, I used Google translate, but sometimes that is not correct,
I would need help filling it out correctly so it is not rejected.
Do you think I am eligible for option approval latent or otherwise,
and would they help me fill out the form at my appointment?
Any help would be greatly appreciated,
Sincerely, Astrid
Hello Rodrigo.
Your post is still a bit ambiguous. Some confirmation questions are required.
1. Your Dutch birth certificate is entirely irrelevant to your acquisition of Dutch nationality. The same for your birth in the Netherlands. Birth in the Netherlands does not result in the automatic acquisition of Dutch nationality except in some rare circumstances that do not apply either to you.
2. The manner in which you acquired Dutch nationality was at birth because cumulatively: a. you had a married Dutch national father, and b. you were born prior to 1 January 1985. Artikel 1a Wet op het Nederlanderschap en het Ingezetenschap (1892) Your birth in the Kingdom of the Netherlands or any other nationalities acquired at birth are irrelevant.
3. You state your mother “registered your birth in Argentina.”
Question: Does this mean under Argentinian law you acquired Argentinian nationality at birth through your Argentinian mother?
Question: Has Argentina always considered both you and your brother Argentinian citizens since birth?
4. If your brother was born prior to 1 January 1985 and his father was a married Dutch national on his date of birth, there was no Dutch nationality for your brother to “acquire” either (just like you). He was born with Dutch nationality. Therefore to state, “He obtains Dutch and Venezuelan nationality” is an erroneous statement to make. I presume you mean your brother applied for a new Dutch passport in Venezuela, and one was issued to him.
His application for and issuance of a Dutch passport in Venezuela certainly did not result in his acquisition of Dutch nationality. Your brother already was in possession of Dutch nationality to begin with, which is why he was issued a Dutch passport.
5. The ways in which Dutch nationality is acquired, retained, and lost are set forth clearly and summarily point by point in the former Wet op het Nederlanderschap/WNI (1892) and the current Rijkswet op het Nederlanderschap/RWN (1985).
Applying for a Dutch passport, therefore, does not result in the acquisition of Dutch nationality.
6. The terms “nationality” and “passport” do not mean the same thing. They are separate terms that should not be used interchangeably.
7. If an individual holds Dutch nationality, a Dutch passport (a travel document only) will be issued.
If an individual does not hold Dutch nationality, an application for a Dutch passport simply will not be processed. The individual is not a Dutch national.
8. Question: Do you and your brother each currently have a valid Dutch passport, nationale identiteitskaart/NIK, or Verklaring omtrent het bezit van het Nederlanderschap?
9. Question: If so, when were these documents last issued to you and to your brother?
10. Please confirm all nationalities you and your brother hold, and the dates when all nationalities were acquired.
11. From what I understand from the facts as you have stated, you were born with Dutch nationality. You were also considered an Argentinian national at birth also, and have also held Argentinian nationality from birth. You have retained your Dutch and Argentinian nationalities through today. You have a valid Dutch passport.
12. Question: When was this Dutch passport issued? (Question 9)
13. Question: In what country were you residing upon said Dutch passport’s issuance date?
14. From what I understand from the facts you have stated regarding your brother, he was born in Venezuela with both Dutch (jus sanguinis a patre) and Argentinian nationalities (jus sanguinis a matre).
At age 18, your brother renounced his Venezuelan nationality.
Since age 18, your brother has only had Dutch and Argentinian nationality.
15. Question: Does your brother currently have a valid Dutch passport?
16. Question: If so, when was this passport issued?
17. Question: In what country was your brother living upon said Dutch passport’s issuance date?
18. It is my understanding that when Argentinian nationality is acquired at birth, it cannot be renounced. There is no possibility to renounce Argentinian nationality in this case.
19. Question: Why did your mother wait two (2) years from 1979 through 1981 before she reported your brother’s birth to Argentina?
20. Question: Did that registration result in the acquisition of Argentinian nationality only on the date notification was given by your mother in 1981 and not before?
21. Please provide specific, non-ambiguous answers to the questions above. It is necessary to have confirmation that you and your brother have been Argentinian nationals since birth, and that you will not be requesting the issuance of an Argentinian travel document or identification card for the first time because, in so doing, Argentina will only from that point consider you its national. (See Question 3)
Best regards.
Hello,
My brother and I are attempting to determine whether renewing our Argentine passports/nationalities will impact our Dutch citizenship.
I was born in 1976 in the Netherlands. Father is Dutch, mother is Argentine. I have a Dutch birth certificate, and in the year after my birth, my mother registers my birth with Argentina.
1977, acquire Dutch passport, move to Nigeria.
1979, move to Venezuela , brother born in 1980. He obtains Dutch and Venezuelan nationality, his birth reported to Argentina in 1981. My brother renounces Venezuelan nationality at age 18.
1982, move to Colombia. 1986, move back to Netherlands. 1989, move to Bolivia, 1992, return to Netherlands.
Here our paths diverge. I move to the US in 1995, Japan, in 2005, Chile in 2013, return to EU (France) in 2020.
My brother moves to US in 1999, moves to Thailand in 2005, Chile in 2009, returns to EU (France) in 2017.
We would like to renew our Argentine ID cards, Passports, given the advantages we would have in Mercosur region as we would likely move back in the future. We are legally entitled to this by descent/birth to our mother (jus sangis).
So, are we now at risk of having to renounce Dutch citizenship? Neither of was born in Argentina but are Argentine by descent.
Thanks in advance for taking the time to read this.
Rodrigo
Jenny PS
Hello Paul, thank you for this great article. I was born in Aruba 1975, moved to the US at 18 and maintained my citizenship and passport trough out the years even after I married a US citizen in 2001. In 2003 I renewed my passport that was given to me for 5 years only, from 2003-2008 (still have my passport). But I got my US citizenship in 2005 so when I tried to renew my passport in 2008 I was told due to me having the American citizenship now i’m not allowed to have dual citizenship, so I lost my Dutch citizenship and nor my kids are able to get it trough me because I no longer have it. So am I able to regain my Dutch nationality and have dual citizenship again? Cause I tried asking at the passport office and also saw all the info they have but it confuses me more every time. I really would love to find the way to regain it if possible and what exactly I need to do before I spent unnecessary money. Hopefully you can guide me towards the right direction. Bedankt Paul
Hello Jenny.
Effective 1 April 2003, a Dutch national retains Dutch nationality during marriage to or a registered civil partnership with the foreign spouse or registered civil partner; provided, however, on the foreign naturalization date, the Dutch national is still married or the registered civil partnership has not been dissolved in the interim (i.e., before the foreign nationality is acquired voluntarily). Artikel 15(2)c Rijkswet op het Nederlanderschap
This is one (1) or three (3) exceptions where a Dutch national retains Dutch nationality when voluntarily acquiring a foreign nationality.
You state you married a U.S. citizen in 2001. You did not acquire US citizenship upon marriage.
You voluntarily naturalized U.S. in 2005 (hence after 1 April 2003) and on the date of your U.S. naturalization (I shall presume) you were still married to your U.S. spouse.
Hence, in 2005, you did retain your Dutch nationality if still married. In 2008, only three years had passed since your U.S. naturalization. Again, in 2005 upon naturalization you were, indeed, married to your U.S. national husband.
If in 2008 you were told a Dutch passport (travel document) could not be issued to you because you’re “not allowed to have dual citizenship,” this was erroneous information. You clearly fell under the exception to retain Dutch nationality when voluntarily naturalizing to a foreign nationality (U.S.A.) in 2005 during marriage. This is based on the fact I am assuming you were still married on your U.S. naturalization date in 2005.
You would have lost Dutch nationality if you had already naturalized U.S. before 1 April 2003, because prior to that date, this exception under Artikel 15(2)c RWN was not in force. The law has no retroactive effect (“de wet heeft geen terugwerkende kracht”).
You would have lost your Dutch nationality if you were not married to a U.S. national in 2005 when you naturalized U.S. voluntarily. Artikel 15(1)a RWN
If, cumulatively:
1) in 2001 you married a U.S. national; and
2) you naturalized U.S. in 2005 during marriage to your U.S. national spouse; and
3) since your U.S. naturalization date in 2005 you continued to reside uninterrupted outside the Kingdom of the Netherlands or any other EU member state or geographic territory to which the Treaty on the European Union applies, then the earliest date you could have lost your Dutch nationality would be on the 10-year anniversary date of your U.S. naturalization date: in 2015.
This automatic loss of Dutch nationality would have occurred by operation of law if, by said 10-year U.S. naturalization date (between 2005 and 2015), you had not been issued with either a new Dutch passport, national identity card, or Verklaring omtrent het bezit van het Nederlanderschap. Artikel 15(1)c RWN (that also entered into effect on 1 April 2003 only with no retroactive effect prior to 1 April 2003).
In my assessment, you retained Dutch nationality upon U.S. naturalization in 2005 because you were married to a U.S. national on that naturalization date (I shall assume).
The earliest date you could have lost Dutch nationality would be starting only after the 10-year anniversary of your U.S. naturalization in 2005.
If your children were still under age 18 when you lost Dutch nationality, then on the date you lost Dutch nationality, they lost Dutch nationality automatically along with you since, I shall assume, that in losing their Dutch nationality, they did not become stateless: they were also U.S. nationals.
Your children thus no longer had at least one parent who was a Dutch national. Artikel 16(2) a RWN
If, indeed, you are no longer a Dutch national, the quickest and easiest way for you to reacquire Dutch nationality would be to return to the European part of the Netherlands with a long-term visa for a non-temporary purpose (visum langdurig verblijf voor een niet-tijdelijk doel). After one year of uninterrupted main residence there, you may submit an application to re-acquire Dutch nationality by option statement, and retain any other nationalities you currently hold. You would not be required to renounce them. This option under Artikel 6(1)f is available to any former Dutch national. Nevertheless, this option can only be applied for in the Netherlands.
Based on the facts you present, one of two scenarios is necessarily true:
1) in 2005 on your U.S. naturalization date you were no longer married to a U.S. national (in which case you would have lost your Dutch nationality based on Artikel 15(1)a RWN [in force since 1 April 2003 through today]; or
2) you were given erroneous information in 2008 that you had lost your Dutch nationality even though you were married to a U.S. national on the U.S. naturalization date in 2005.
Were you still married to a U.S. national in 2005 when you naturalized U.S.?
Best regards.
Paul
My grandfather was a Dutch citizen when he married my grandmother in 1937.
My mother was born in 1938 from this marriage
My grandfather died in 1942 on active service as a Dutch soldier.
My mother received a Dutch war pension for some time
She married my father in 1957. He was a South African citizen
She never renewed her Dutch citizenship within the 10 year period after she turned 21
I was born before she turned 31 and should qualify for Dutch citizenship
However I noticed the cut off date of 31 March 1964 on the Netherland Government webpage
Childred from marriages concluded prior to 31 March 1964 does not qualify
Where does this date come from ??
Hi Paul. I have a question I was hoping you could help me with. I was born in Australia in 1989 and my father is Dutch (He’s lived in Australia the last 30 years but never became an Australian Citizen and still has his Dutch citizenship). In 2012 when I was 23 I obtained a Dutch passport which expired 5 years later in 2017. A few years ago I looked into renewing it but I live in Queensland Australia and there isn’t a Dutch consulate here . The nearest one is in Sydney but due to Covid there was an extended period of boarder closures between Queensland and Sydney for approximately 1 year in total, (with some on and off periods, but there was a lot of uncertainty and I didn’t want to travel in case I got stuck there). I went down to Sydney in August this year and submitted my paperwork to renew. I just received an email from the consulate in the Netherlands saying they have denied my application/ won’t review it as I am no longer considered to have Dutch Nationality. I am now aware of the 10 year rule and am devastated to have lost it. Additionally I now see in April 2022 they introduced a new law extending the rule to 13 years but this doesn’t apply to me since mine expired in February. I wanted to know if there is anything I can do to object this decision? I spent some time in Switzerland around 2013/2014 (2-3 months in total) and travelled to a few countries in Europe but haven’t lived there for an extended period. Kind Regards Anna
Hello Anna.
1. Since 1 April 2003, a dual adult Dutch national who resides for at least ten (10) uninterrupted years uninterrupted 1) the Kingdom of the Netherlands or 2) any other EU member state or geographic area where the Treaty on the European Union is in effect will automatically lose Dutch nationality, unless he/she applies for and IS ISSUED WITH a new Dutch passport, national identity card, or Certificate of Dutch nationality (Verklaring omtrent het bezit van het Nederlanderschap) before this ten (10) year period expires since the last document was issued. Rijkswet op het Nederlanderschap Artikel 15(1)c
2. Another way for “stop” this 10-year clock from running is to have his/her main residence in the Netherlands for at least one (1) uninterrupted year before this 10-year period expires. RWN Artikel 15(3).
3. Once one (1) of the three (3) aforementioned documents is issued, a new 10-year period begins to run if said dual adult Dutch national continues to reside uninterrupted outside 1) the Kingdom of The Netherlands or 2) any other EU member state or geographic area where the Treaty on the European Union is in effect. RWN Artikel 15(4)
4. You state you were issued with a Dutch passport in February 2012 (age 23). You were thus an adult under Dutch law.
5. This Dutch passport expired in February 2017. Prior to 9 March 2014, all Dutch passports were valid only for five (5) years from date of issue.
6. However, you had another five (5) years to apply for and be issued with one of three aforementioned documents before this additional five-year period ended in your case: in February 2022.
February 2012/issuance of your last Dutch passport + 5 years validity = February 2017/expiration of your Dutch passport + an additional 5 years for a total of 10 years since February 2012 = February 2022/automatic loss of Dutch nationality
7. Given you were not issued with a new Dutch document before the 10-year expiration date in your case by February 2022, since February 2022 you have no longer been in possession of Dutch nationality. You were residing uninterrupted since February 2012 as a dual adult Dutch national in Australia (hence, neither in the Kingdom of The Netherlands, nor in any other EU member state).
8. On 1 April 2022, this 10-year period was extended by 3 years for a total of 13 years since the last Dutch document was issued.
9. However, the law has no retroactive effect. It does not apply to individuals whose 10-year period expired PRIOR TO 1 April 2022.
10. As explained, your 10-year period expired in February 2022. The new 13-year period does not apply to you given your 10-year period had already run 2 months prior. You were thus outside the 13-year window that only took effect from 1 April 2022 and going forward in time only.
Had your 10-year period expired on or after 1 April 2022, this period would have been extended by three (3) additional years for a total of 13 years since the last Dutch document was issued.
11. This is why you were informed your application for a new Dutch passport could not be processed, resulting in automatic loss of Dutch nationality in February 2022 in your case pursuant to RWN Artikel 15(1)c.
12. The ways in which Dutch nationality is acquired, retained, and lost are clearly stipulated in the Rijkswet op het Nederlanderschap. Being unaware of the 10-year rule or having missed the “deadline” of your 10-year period two (2) months prior to 1 April 2022 when the new 13-year time period entered into effect are not ways under the RWN which permit retention of Dutch nationality in your case. Such reasons simply do not exist under law. This legal provision is strictly enforced by Dutch courts.
13. You were able to apply for and be issued with a Certificate of Dutch nationality remotely prior to February 2022. A Certificate of Dutch nationality are not travel documents like a Dutch passport or NIK is. They contain no biometric data. Nevertheless, it is one of the three documents that would have “restarted” the 10-year period for you if that document had been issued prior to the date in February 2022 when your specific 10-year period ended.
14. Provided you had submitted the required documents online to The Netherlands authorities at The Netherlands Consulate-General in Sydney or two Netherlands representations in Adelaide or Perth, and those documents were approved, and the new Dutch passport issued prior to the date in February 2022 when your specific 10-year period ended, you would have retained your Dutch nationality. The paperwork to submit for issuance of the Certificate would have been minimal for you.
15. Your travel as a tourist to Switzerland for a few months in 2013/2014 are irrelevant as is your travel to a few countries in Europe. Simple tourist travel is not sufficient to invoke you were availing yourself of EU citizens’ rights around the time of loss of your Dutch nationality in February 2022.
Firstly, Switzerland is not an EU member state. Secondly, tourist travel within the EU is not a way in which an EU member state national is exercising freedom of movement rights. Thirdly, you must prove by clear and convincing evidence that in the time period in February 2022 or immediately preceding this specific month or you can prove that in the very near future after February 2022 you indeed had the clear intention to exercise said rights.
16. Hypothetical situations such as “I had the intention to travel to the EU as a tourist right after February 2022” or “one day I would like to retire in The Netherlands or the EU” are hypothetical assumptions. They are considered subjective by the Dutch courts, and hold no weight in the assessment.
17. Other claims such as “my father is a Dutch national” or “I have many relatives in the Netherlands or the EU” also carry no weight in the assessment. Why? Because these assumptions have nothing to do with the exercise of EU citizens’ rights based on EU legal provisions and the RWN.
18. In the written notification to you from The Netherlands Consulate-General in Sydney in August 2022, the appeals procedure of the negative decision would have been clearly indicated to you. The time limit to appeal the negative decision would have been approximately 6 weeks from the date of the negative decision in said letter to you. You would not have been needed to be represented by an attorney.
19. Obviously, this statute of limitations has now passed in your case.
20. Remember: in the case of a timely Dutch document renewal (“tijdig”), under Dutch legal provisions, the new Dutch document must not just have been applied for. The new Dutch document must also be issued before this 10-year period expired in February 2022 for you (since 1 April 2022, 13-years for applications submitted on or after 1 April 2022 for individuals who were still within the 10-year period on or after 1 April 2022, which, as explained, is not your case based on the facts you have stated).
21. There is currently no possibility under Dutch legal provisions for Dutch nationals to re-acquire Dutch nationality by option statement outside main legal residence in The Netherlands for at least one (1) uninterrupted year on a long-term visa for a non-temporary purpose under RWN Artikel 6(1)f.
22. Re-acquisition of Dutch nationality by naturalization is more difficult: this would require main legal residence in either the Kingdom of The Netherlands or any country other than Australia in your case with a long-term visa for a non-temporary purpose.
It is against Dutch public policy for an individual to acquire or re-acquire Dutch nationality by naturalization when residing in the current country of nationality (in your case, in Australia). This makes sense from a legal perspective.
23. As you were not born and raised in The Netherlands, you are ineligible for immediate “Wedertoelating” (Re-Admission) to obtain a long-term visa for a non-temporary purpose. Individuals who acquired Dutch nationality both by birth and residence abroad or by birth in the Netherlands (but who were not raised there until at least age 12) are ineligible for immediate Wedertoelating. Such visa will not be issued.
The individual must have been both born and raised in the Netherlands. And in this former Dutch national’s case, it is irrelevant this former Dutch national born and raised in The Netherlands is residing in his/her current country of nationality or depending on the current country of nationality. Both those factors are entirely irrelevant in this former Dutch national’s case.
24. Based on all of the foregoing, this is why your application for a new Dutch passport was denied and the application was not processed. The Netherlands Consulate-General in Sydney simply does not have the authority to make an exception. The RWN must be applied consistently to everyone.
As you can see, despite the pandemic, the Certificate of Dutch nationality could have been applied for remotely and issued prior to February 2022.
25. There have always been provisions in place under Dutch law for the automatic loss of Dutch nationality in various forms since 1838. This is almost 200 years ago. The concept of automatic loss of Dutch nationality is thus not a recent legal phenomenon or concept.
On appeal, the former Dutch national is unable to invoke that he or she was unaware of the 10-year period (now 13 years since 1 April 2022 for those individuals whose 10-year period only expired on or after 1 April 2022).
Best regards.
Hi Paul
I am interested in the Latent Dutch Nationality Law, both of my grandparents were born in Amsterdam and Velp respectively. My grandfather J.P Jurrius was born on the 26 of April 1894 and moved to South Africa with his parents on the 2nd of April 1897 making him 3 years old at the time. He later met his wife, C.H Kuyper, also a Dutch National, in South Africa and were married on the 10th of May 1923 in South Africa. They sent their birth certificates to be certified in their respective provinces in 1985 when the Dutch Law was updated. C.H Kuyper (my grandmother) was still alive in 1985 when her birth certificate was certified in Amsterdam, however, J.P Jurrius (my grandfather) who also had his certificate certified in 1985 in Velp had already passed away in 1962. Their daughter, Cornelia Jurrius, was born in South Africa on the 9th of May 1931, she married in South Africa in 1953 and had two children, I am one of the children born on the 10th of October 1957. Would I still be eligible for latent Dutch Nationality as my grandparents were still Dutch Nationals at the time of their death? I have all of their Dutch documents and if you could possible steer me in the correct direction it would be much appreciated?
Kind regards
Catherine
Hello Catherine.
Please read my detailed response to you in the preceding question you had posed.
Only until you are able to answer those specific questions with absolute certainty can a final determination be made regarding whether you are eligible for the Latent Dutch option at this time given the fact: 1) you were born prior to 1 January 1985; and 2) your father was a Dutch national on your date of birth; and 3) you never acquired Dutch nationality by any other option procedure in the past (and subsequently lost Dutch nationality).
However, criterion 4 is missing from the facts you have already shared: it is not possible to assume your mother was a Dutch national on your date of birth. More specific information regarding your maternal great-grandparents and your maternal grandparents is required.
You are currently not a Dutch national, nor have you ever been a Dutch national from the facts you have presented. You are thus ineligible for the issuance of a Dutch passport at this time.
Best regards.