Dutch citizenship law being updated

People born before 1985 to a Dutch mother and a non-Dutch father may become eligible for Dutch citizenship. The Dutch House of Representatives, de Tweede Kamer, approved a motion today and Justice Minister Ballin will take the measure into consideration.

While children born to a Dutch father and foreign mother have always been eligible for Dutch citizenship, people born before 1985 to a Dutch mother and a foreign father are not. This strange distinction was a legacy from an old law from 1892, which was revised in 1985. Since January 1, 1985 children born to either a Dutch mother or a Dutch father have been eligible for a Dutch passport.

There was a grace-period in the late 1980’s where people in this situation could apply for Dutch citizenship but this did not reach everybody on time. The ministry of Foreign Affairs describes the existing regulations for people in this situation (in Dutch).

The proposal is part of a larger overhaul of the law on Dutch citizenship, including more measures to prevent dual citizenship and additional rules to revoke citizenship of terrorists in certain cases. More information on this proposed change and others on the website of the Dutch House of Representatives.

Update: this law will go in effect on October 1st, 2010. Read more about it.

Comments

That is not completely true. If you live in the Netherlands or in any member state of the European Union, you will not lose your Dutch nationality even if you are a dual citizen. Why? Because it makes no legal sense if you are living in the country in which you hold nationality (namely the Netherlands). It is only when you move to a third country (i.e. not the Netherlands or not a member state of the European Union) or the other country whose nationality you possess can you ever lose your Dutch nationality. In that case, you must always renew your Dutch passport or request a confirmation you hold Dutch nationality BEFORE the date your Dutch passport expires (10 years). To be safe, you should always HAVE RECEIVED your new passport prior to the formal expiration date or prior to the end of the 10-year period. Just because you hand in the paperwork does not necessarily mean the clock stops ticking. It means the clock stops ticking when you receive the new/renewed passport or confirmation of Netherlands nationality. As I said before, you cannot lose your Dutch nationality if you live in the Netherlands or any member state of the European Union (because there is free movement of persons for E.U. nationals). All of this can be verified on the official “Rijksoverheid” websites.

My mother and father were born and raised in Holland (as were their parents, grandparents, etc.) My mom came to the US when she was 7; dad when he was 18. Both are still Dutch citizens and hold green cards (they are not US citizens). I was born to them (married) in 1971 and have lived in the US since then. From what I have read, I was automatically born a Dutch citizen but then lost it 10 years after I turned 18 because I had lived out of Holland for 10 years as an adult. Is that right? What are my options to regain my Dutch citizenship? If I have a baby, will he be a Dutch national automatically if I am?

Contact the Dutch embassy or consulate as soon possible to find out if you are eligible.
Apply for a passport before March 31, 2013. As the 31st is a Sunday, do this before the 29th!
And link to Dutch consulate
http://www.rsonac.org/dutch-nationality/obtaining-dutch-nationality
And how to apply for a Dutch passport
http://www.rsonac.org/passports/first-time-application/adults

You were technically born Dutch in 1971, but not because your mother was a Dutch citizen, but because your father was on the day you were born (before 1985, Dutch mothers could not transmit Dutch nationality to the child unless they were unmarried on the day the child was born). You turned 21 in 1992 (until 1988, the age of majority in NL was 21). You had 10 years after you turned 21 to be issued a Dutch passport or a confirmation of Dutch nationality since you were born in the country whose nationality you possessed. That puts you at 31 years in 2002. You have never issued a Dutch passport or a confirmation of Dutch nationality. You lost your Dutch nationality. Then the 2003 change to the Kingdom Act on the Netherlands Nationality came into effect. Under that change, From 1 January 1985 to 31 March 2003, Dutch subjects born outside the Netherlands who also held the nationality of the country of their birth lost Dutch citizenship if they lived in the country of their birth for 10 years after age 18 (and were still citizens/subjects of their country of birth).

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

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

You have definitively lost your Dutch nationality. The only way for you to get it back is by naturalization. You cannot naturalize if you live in the country whose nationality you possess and you must fulfill all the other requirements for naturalizing Dutch.

I was born in The Netherlands, lived in Amsterdam till age 4 years. Married a US Citizen in the mid 1970’s. Became a US citizen in the early 80’s. Can I obtain a Dutch passport in addition to my US passport now?

Thanks for answering all these questions! I just read some posted answers and realize the following question I posed probably needs to include: When I became a US citizen, I gave up my Dutch citizenship and my Dutch passport.
thanks
I was born in The Netherlands, lived in Amsterdam till age 4 years. Married a US Citizen in the mid 1970’s. Became a US citizen in the early 80’s. Can I obtain a Dutch passport in addition to my US passport now?

Yes, you will need to contact embassy or consulate as soon as possible. Until March 31, 2013 you can get your Dutch passport back, while keeping your American passport (optie regeling). As the 31st is a Sunday, do this before the 29th!
Question 20 http://nederlanderblijven.com/2012/07/12/veelgestelde-vragen-faq-nieuwe-…
And link to Dutch consulate
http://www.rsonac.org/dutch-nationality/option-procedure/former-dutch-na…

No longer. The possibility for you expired on April 1, 2013. The only way for you to get your Dutch nationality back is by naturalization and you would then have to renounce your US citizenship, not because the USA requires it, but because Dutch law does and you are from a country whose nationality allows for renunciation.

My husband was born in The Netherlands, I’m Peruvian, we live in USA, I’ll become an American Citizen this year, if my husband become a American Citizen, will he lose the Dutch Citizenship?
Thank you

If you become an American citizen BEFORE he does, he can probably keep his citizenship since he would be living in the USA and be married to a US citizen. Check with a Dutch nationality lawyer to be sure.

thank you for your answer!

I was born in 1989 to a Dutch father and a Canadian mother. Am I still eligible for Dutch citizenship/passport?

Yes,
http://www.rsonac.org/dutch-nationality/obtaining-dutch-nationality
Apply for a Dutch passport before March 31, 2013. If not, you will not be able to do this anymore
http://www.rsonac.org/dutch-nationality/dual-nationality/living-abroad-w…

Greetings! I have an appointment with the Dutch Consolate this coming thursday.. but I am curious if it will go well.

My mother (born in 1941) was a dutch citizen who immigrated to the United States after WWII circa 1949. She married an American man in 1962. She became an American citizen in 1999, thus loosing her dutch citizenship/passport. Together they had six kids (all born in the US), five born before 1985, while I was born in 1988. We all still reside in the US.

I am married to an American man, and we have a daughter together. I read previously on this thread that I automatically was considered dutch because my mom was a dutch citizen at the time of my birth (1988) and it was after 1985 when citizenship was declared separate from the father. This confuses me because I have never seen on any document that I am a dutch citizen…. I attained my first American Passport in Nov. of 2011 so that I could travel to Canada to attend my uncles funeral.

I am wondering, what are the odds that I will be able to obtain a dutch passport/citizenship? I am looking to move there with my husband and daughter to attend graduate school. If i can prove that at the time of my birth, my mother was still a dutch citizen, do you think I will be able to get a dutch passport? Or am I unable to since i just got my first American passport post 2003 (in 2011).

Any help will be greatly appreciated!
Thank you.

~Leah

1) Your mother will have lost his Dutch nationality when she became American in 1999.. Tell your mother she needs to contact embassy or consulate as soon as possible. Until March 31, 2013 she can get her Dutch passport back, while keeping her American passport (optie regeling).
And link to Dutch consulate
http://www.rsonac.org/dutch-nationality/option-procedure/former-dutch-na…
2) At the time of birth you were Dutch and American, your parents could have applied for 2 passports. Nationality and passport are 2 different things. As you were 11 years old when your mother became American and lost her Dutch nationality, Iam not sure if you lost your Dutch nationality too, as none of your parents were Dutch at that time. in any case, apply for a Dutch passport immidiately, but before March 31, 2103, as otherwise you will lose that opportunity. http://www.rsonac.org/dutch-nationality/dual-nationality/living-abroad-w…
Check with embassy/consulate or immigration lawyer the possibilities.

That is not completely true. Just because you contact the Dutch authorities prior to April 1, 2013 does not mean you will have gotten Dutch nationality back. THE DOCUMENT NEEDS TO HAVE BEEN DELIVERED TO YOU PRIOR TO APRIL 1, 2013 AS EVIDENCED BY THIS OFFICIAL LINK: “Met vragen hierover kunt u terecht bij de dichtstbijzijnde Nederlandse ambassade of consulaat. U dient er rekening mee te houden dat met de verstrekking van het paspoort enige weken gemoeid kunnen zijn. Het indienen van een paspoortaanvraag voor 1 april 2013 betekent niet automatisch dat voor deze datum een paspoort verstrekt wordt.” http://www.rijksoverheid.nl/onderwerpen/nederlandse-nationaliteit/verlie…

You were born in 1988. Your mother naturalized US in 1998. Your father was not a Dutch national. You were born a Dutch citizen and a US citizen (dual citizenship), technically. It does not matter you may never had any official Dutch documentation stating such. You had until April 1, 2013 to either apply for a Dutch passport or a confirmation of Dutch citizenship. You can now only receive Dutch nationality through naturalization. however, your siblings born prior to 1985 are “latent Dutch” and they can apply for Dutch nationality. Why? Because your father was not a Dutch national and your mother was still a Dutch citizen on the day they were born and they had never had Dutch nationality before or had it and subsequently let it expire.

My father was born to two dutch Citizens who emigrated to the United States after WWII. Both were documented resistance fighters and received medals of honor. They met on a ship leaving Rotterdam bound for New York City. (Like a fairy tale) My father was born in Washington DC before my Oma naturalized. He had the choice when he was 18 (21?) to choose Dutch or American citizenship. At the time he found it more beneficial to be an American citizen but now regrets having to choose. My brother John and I would like to obtain dual citizenship to live in The Hague with our extensive family. Is this at all possible? I tried the Dutch Embassy in NYC but they were not keen to help me. My mother is an American citizen.

Thanks!
 Annatruus

If the embassy can’t answer, check with an immigration lawyer the possibilities. We have good experience with Hermie de Voer.
http://www.everaert.nl/en

No. You are not Dutch, nor can you ever become a Dutch national. Your father did not have Dutch nationality on the day your were born, and from what can be implied from your posting, neither did your mother. You have never had Dutch nationality then. You cannot have acquired a nationality that neither of your parents had on the day you were born. It is irrelevant your father had Dutch nationality at any time in his life in this case. If he did not have Dutch nationality on the day you were born (and/or your mother did not), then you can never become Dutch other than via naturalization. You have no option possiibility.

I saw a similar question asked earlier, but I didn’t see an answer for it. My father immigrated to the US with his parents when he was a child and has been a naturalized American citizen since he was about 8. I was born in 1983. Do I qualify for Dutch citizenship? Thank you.

Your father will have lost his Dutch nationality when he became American. Because you did not have a parent with Dutch nationality, you do not qualify to have Dutch nationality too.
As every situation id different, check with embassy/consulate or immigration lawyer the possibilities.
Official link of Dutch consulate
http://www.rsonac.org/dutch-nationality/obtaining-dutch-nationality/obta…

Hi, I was born in the US on 1985 to a Dutch father and American mother. My dad became an American citizen around 2000. Would it be possible to become a Dutch citizen and obtain and Dutch passport for dual citizenship?

1) Your father will have lost his Dutch nationality when he became American in 2000. Tell your father he needs to contact embassy or consulate as soon as possible. Until March 31, 2013 he can get his Dutch passport back, while keeping his American passport (optie regeling).
Question 20 http://nederlanderblijven.com/2012/07/12/veelgestelde-vragen-faq-nieuwe-…
And link to Dutch consulate
http://www.rsonac.org/dutch-nationality/option-procedure/former-dutch-na…
2) Because you did not have a parent with Dutch nationality, you will have lost your Dutch nationality too, when your father became American. Check with embassy/consulate or immigration lawyer the possibilities.

Hi, i am an American citizen living in the netherlands with my husband (He is a Dutch citizen). I am pregnant and was wondering if my baby will soon obtain or be able to claim both citizenships (dutch and US) and also have both Dutch and American passports?

Yes, our children should have dual citizenship. From the Dutch side, as long as one of the parents continue to have a Dutch nationality, your children will continue to keep dual citizenship. As soon as they become 18 years old, they should never let their Dutch passport expire, as they will lose it.
You should also have the option of dual citizenship, you fall under one of the 3 exceptions. Check all of this with embassy or consulate or immigration lawyer, both on the Dutch and American side, before you take any steps, to ensure this applies to your specific situation.
Check out this FAQ http://nederlanderblijven.com/2012/07/12/veelgestelde-vragen-faq-nieuwe

If a kid is born in usa and therefore, he acquires american citizenship and has a Dutch father, would the kid be able to maintain both nationalities? Thanks.

Yes, as long as one of the parents continue to have a Dutch nationality, your children will continue to keep dual citizenship. As soon as they become 18 years old, they should never let their Dutch passport expire, as they will lose it.
Check out this FAQ http://nederlanderblijven.com/2012/07/12/veelgestelde-vragen-faq-nieuwe-…

Your answer is not complete. If the dual citizen child lives in the Netherlands or any member state of the EU, they will not lose their Dutch nationality under any circumstances, even if they fail to renew their Dutch nationality while living there. Why? You cannot lose the nationality of the country in which you hold the nationality and are living there. Plus, the EU gives freedom of movement to all EU citizens to another EU member state. So, even if the individual has dual citizenship, if that individual lives in NL or in any member state of the EU, they do not have to renew their Dutch nationality every 10 years. The 10-year period stops ticking.

I am a Dutch citizen and I have lived in the U.S. since 1997. I have a green card (expiration date: 4/2020). I have been married to an American since 1997. I have a Dutch passport, but would like to also obtain an American passport, since my children who were born in the U.S. also have dual citizenship. Is it possible for me to have dual citizenship, and if so, is there a real possibility that Holland might change its law again in the future and take away your Dutch citizenship when you also have an American passport? Thank you for your response.

Yes, you fall under one of the 3 exceptions and you can have dual citizenship. When you do have 2 passports, never let your Dutch passport expire, as you will lose your Dutch nationality. There is no way to predict the future. This is what the situation is now. Before applying for your American passport, check the rules with Dutch embassy/consulate or immigration lawyer, to ensure you do indeed fall under one of the 3 exceptions. Check out this website and FAQ http://nederlanderblijven.com/2012/07/12/veelgestelde-vragen-faq-nieuwe-…

Hi, I and my husband are dutch citizens and live in the USA. Our minor children were born in the USA so are americans but we asked for them for Dutch citizenship and they immediately received it. Will they lose their Dutch citizenship when they reach 18 years? Also, my husband and I are not american citizens. If I become an American citizen, will my children somehow lose their Dutch citizenship? Finally, is there a way for me to become and American citizenship and till retain my Dutch citizenship?

1) Your children do not have to choose which nationality they will have when they become 18 years old. As soon as they are 18, they should never let their Dutch passport expire, as they have dual nationality. If their Dutch passport expires, they will lose their Dutch nationality.
2) Your children will not lose their Dutch nationality as long as one of their parents remains Dutch.
3) Because you are married to a Dutch national, who does not have an American passport, you will lose your Dutch passport when you become American (zogenaamde hoofdregel). There is no way around this under the current law. However, your husband can then become American without losing his Dutch passport, as he falls under one of the 3 exceptions: he is married to an American and keep his Dutch passport. Check the website and FAQ http://nederlanderblijven.com/2012/07/12/veelgestelde-vragen-faq-nieuwe-…

I am a US citizen, working and living in The Netherlands. Based on my family history I am wondering if I qualify to opt for Dutch Nationality.
My mom (Dutch) and my dad (US) married in 1967.
She became a US citizen in 1972. I was born in 1974.
On my Father’s side…my Grandfather was born in Friesland and immigrated to the US with his whole family when he was 7 (early 1900s). I do not know if they naturalized as US citizens.
My Grandmother’s parents also came from Holland but my grandmother was born in the US.
Can I opt for Dutch citizenship? If so, can I hold onto my US citizenship?

Thank you for your time.

I would suggest that you go to Burgerzaken in your ‘gemeente’, with all the details of who received another nationality at what date. This is very important to define if you could have Dutch nationality or not.
Another alternative is to contact an immigration lawyer. Hermie de Voer of Everaert advocaten is specialized in these issues. Her email address is devoer@everaert.nl She will be able to give you an answer http://www.everaert.nl

No. You cannot opt. Your mother may have been born Dutch, but she did not have Dutch nationality on the day you were born since she naturalized US in 1972 and you were born in 1974. Your mother cannot pass on a nationality she herself does not possess. The history of your grandparents is irrelevant in this case. Dutch nationality looks at which parent had Dutch nationality at what time. In all cases, one of the parents will have had to be in possession of Dutch nationality on the exact day the child was born. Your mother married an American and naturalized US when she was married. In so doing, she automatically lost her Dutch citizenship even if she was unaware or did not intend to. She could have opted to get it back, but that option has now expired: April 1, 2013. The only way for you and her to receive Dutch nationality is by naturalization.

Hello, this is a long shot. My mother was born & raised in Holland than moved to the states. I was born in 1975. Is it possible I could be eligible for Dutch citizenship?

We need more details. Most importantly, in which country do you live now? But also, where were you born, and did your mother become a US citizen? If so, at what date and was she married to a US citizen?

My mother was born in The Netherlands in 1948. Both of her parents were also Dutch but not married. My grandmother then moved to Canada with my mother when my mother was 4. My Grandmother and Mother both became Canadian Citizens.

Is it possible for my Mother to apply for Dutch Nationality or a Dutch passport?

No. No longer. That option for her expired on April 1, 2013.

Hi…I was born in Hilversum in 1955. My mother married an American and came the the US in 1959. My step-father adopted me at that time. He past away in 1964 and my mother became a US citizen after he past in that year. She did not become a citizen because she was married to a US Citizen. I became a citizen in 1972 when I was 16. Do I qualify for NL Citizenship?

My American born 25yo daughter wants to secure Dutch citizenship so that she can get a job in the EU more easily.

My wife and I are both born in the US and are US citizens.
My parents (so the grandparents of my daughter) were born in Indonesia (my father in 1923) and Holland (my mother in 1916). They immigrated to Canada and then the US after WWII.

Is it possible for my daughter to use the fact that her grandparents were Dutch citizens to get Dutch citizenship for herself?

If not, do you know of other ways that my daughter can get paperwork that will make it easier for her to get a job in the EU?

Your daughter cannot get Dutch nationality through the grandparents. That does not exist under Dutch nationality law. She has to have received it from either the father or the mother AT BIRTH if she was born on our after January 1, 1985 (either parent could then tranmsit Dutch nationality). If the child was born prior to January 1, 1985, Dutch nationality was only transmitted via the father When was your daughter born? If both parents were US citizens and the child was born, then there is no way to get Dutch citizenship because the parents cannot transmit a nationality they themselves did not have (namely Dutch nationality in this case) ON THE DAY the child was born.

Hi! My husband (born in Germany) and I (born in the Netherlands from dutch parents) both were naturalized to US Nationals the same day this year. Does this mean that I was married to a US National the day that I became US Citizen and didn’t loose my NL citizenship?

No. You lost your NL citizenship. You and your husband naturalized US on the same date, so you were not technically married to an American at the time you acquired US nationality. You have automatically lost your Dutch nationality The only way for you to get it back is by naturalization and then you would have to relinquish your US citizenship, not because the US requires that, but because the Dutch will.

Hi, I’m dutch citizen,through naturalization, I’m married to an american citizen and I lived in US since 2007. I would like to apply for an american citizenship, do I lose my dutch citizenship automatically? can I have dual citizenship? Thanks

Hello, I noticed in earlier postings that the deadline noted is March, 2013. I can’t find this cut-off date on the website of the Embassy for the Kingdom of the Netherlands. Is this the cutoff for latent Dutch applying for citizenship? I meet all of the criteria listed on the Embassy website. I hope I didn’t miss my chance by a month. Thanks for any info you can provide.

You are confusing “Oud Nederlanders” and “Latent Dutch.” There is no cutoff date at present under law for Latent Dutch to request Dutch nationality by option request. The cutoff date for former Dutch nationals (i.e. “Oud Nederlanders”) to opt for getting their (lost) Dutch nationality back. That option expired definitively on March 31, 2013. Do not confuse Latent Dutch and former Dutch natinals as Latent Dutch are not considered to have been born Dutchmen at all, since prior to January 1, 1985 Dutch nationality was only transmitted through the father, unless the mother was unwed. If you are a Latent Dutch and fulfill all the requirements for the option request, you are only and ever will be Dutch beginning on the day your option request was approved (which is not necessarily the day you handed in your paperwork and signed the forms).

Hi, I was born a Dutch citizen and moved to the US in 2005, my son was born in 2006 in the US,
I later got divorced in 2010
I became a US citizen in 2012.
I know for a fact that I lost the nationality (because of the citizenship acquisition after the divorce) but what about my son?
I didn’t get him a passport at the time I was a Dutch citizen. Is he still eligible to request a Dutch passport?
Considering that I was a Dutch citizen when he was born and automatically obtained the Dutch citizenship through me.

Thank you

You were born a Dutch national. Your son was born on or after January 1, 1985. He was born in 2006 in the US, so he was automatically a U.S. citizen when he was born. I assume your son’s father was not a Dutch national ON THE DAY your son was born. Your son was automatically born a Dutch national since his mother was in possession of Dutch nationality on the day he was born. You have never requested a Dutch passport for your son. You were divorced in 2010. Your son was 4 years old then: born 2006+4years=2010 (when mother divorced). Dutch mother naturalized U.S. in 2012. You automatically lost your Dutch nationality in 2010 as you were no longer married to a U.S. citizen. You naturalized to the same nationality as your son. Your son automatically lost his Dutch nationality when he was 6 years old (2012). Regelgeving verliezen Nederlandse nationaliteit door minderjarigen
Naast verlies door het vervallen van de familieband, kan het Nederlanderschap door minderjarigen ook verloren worden op andere manieren. Dit is geregeld in lid 1 van artikel 16 van de Rijkswet op het Nederlanderschap.
Dit verlies gebeurt dan:
A Door gerechtelijke vaststelling van het vaderschap, erkenning, wettiging of adoptie door een vreemdeling, indien hij diens nationaliteit daardoor verkrijgt, of reeds bezit.
B Door het afleggen van een verklaring van afstand, indien hij de nationaliteit bezit van zijn vader, moeder of adoptiefouder.
C Indien de vader of moeder vrijwillig een andere nationaliteit verkrijgt en de minderjarige in deze verkrijging deelt of deze nationaliteit reeds bezit.
D Indien de vader of moeder het Nederlanderschap verliest ingevolge artikel 15, eerste lid, onder b, c of d, of ingevolge artikel 15A van de Rijkswet op het Nederlanderschap. Hier is sprake van als de ouder het Nederlanderschap verliest:

door het afleggen van een verklaring van afstand (15, lid 1, onder b);

doordat de ouder tien jaar onafgebroken hoofdverblijf buiten het Koninkrijk of de EU heeft gehad (15, lid 1, onder c).

doordat het Nederlanderschap door de Minister van Justitie is ingetrokken omdat de genaturaliseerde ouder niet al het mogelijke heeft gedaan om afstand te doen van zijn andere nationaliteit. Dit geldt kan alleen als voor die genaturaliseerde ouder de afstandsplicht geldt. (15, lid 1, onder d)

of doordat de ouder het Nederlanderschap heeft verloren door vrijwillige verkrijging van de nationaliteit van België, Denemarken, Oostenrijk,

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