Dutch nationals may lose their citizenship through long residence outside the Netherlands while having more than one nationality, or acquisition of a foreign nationality. The Dutch government wants to limit dualnationality as much as possible. Dual Citizenship in the Netherlands. Dual citizenship has been a hot topic in the Netherlands for quite a number of years. Has no criminal record 3. born in the Netherlands, Aruba, Curaçao, or Sint Maarten, and still living there at the time of application. In this case, dual citizenship is not automatic. Applying for dual citizenship is a complicated and typically expensive process that may require the assistance of an immigration lawyer. For example, if you are a U.S. citizen and also a citizen of New Zealand, you can travel more easily between these two countries. This is called the renunciation requirement. An expatriate is somebody who leaves their country of origin to live or work. For individuals who are dual citizens of the U.S. and another country, the U.S. imposes taxes on its citizens for income earned anywhere in the world. If you have more than one nationality, it is not always clear what yourrights are. The five-year residence requirement may not apply where the applicant falls into any of the following categories: An applicant for naturalisation does not have to give up his current nationality in the following cases:[20]. The general requirements for naturalisation include: 1. In addition, in this example, since not all countries permit dual citizenship, it's possible that the foreign national's home country may cancel the person's citizenship when they become naturalized as a U.S. citizen. Drawbacks of being a dual citizen include the potential for double taxation, the long and expensive process for obtaining dual citizenship, and the fact that you become bound by the laws of two nations. Countries like Saudi Arabia, India, Austria, and Singapore can disallow dual citizenships, which leads to an automatic loss of domestic citizenship when a new one is obtained. at the time of acquisition of the nationality of the other country, the person was married to someone who possessed that nationality. The U.S allows dual citizenship but not all countries do. Five years of continuous residence in the Netherlands, Aruba, Curaçao, or Sint Maarten with a valid residence permit prior to the application date. applicant was born before 1 January 1985; father was not a Dutch national when the applicant was born; applicant did not obtain Dutch nationality between 1 January 1985 and 31 December 1987 through the option procedure and then subsequently lost that Dutch nationality; and, Holder of a permanent resident permit or a valid residence permit with a non-temporary reason of stay (notably family formation or reunion. This exemption was put in place on 1 February 2001. A similar requirement exists for citizens of Japan and South Korea (see above). In addition, in some cases it is possible to be deprived of Dutch citizenship. However, if their home country permits dual citizenship, this individual will be a citizen of both the U.S. and their home country. If the other country does not allow dual citizenship, you must give up citizenship of that country. It is however possible to obtain another nationality without losing Dutch citizenship when you: 1. are the spouse or registered partner of a non-Dutch national and assume your partner’s nationality 2. were born in the country of your other nationality and live there when you obtain that nationality 3. lived in the country of your other nationality continuously for 5 years before you… Where the person is not resident in the Kingdom of the Netherlands, the person must have lost Dutch citizenship after reaching the age of majority and through the acquisition of another citizenship. Before 1 April 2003, an acknowledgement could be given after birth. A key criteria test set forth by the IRS, that an individual must satisfy in order to be claimed as another person's dependent. "I-485, Application to Register Permanent Residence or Adjust Status." [34], The consequences of the UK’s departure from the EU (Brexit) will impact Dutch nationals in the UK and British nationals in the Netherlands. According to Justice Minister Mark Harbers, the plan is to widen the Netherlands’ criteria for dual nationality. (One of these exceptions permits a child under the age of 12, who is included in the foreign passport of a parent who has no claim to U.S. citizenship, to enter the United States without a U.S. passport, provided the child presents evidence of his/her U.S. citizenship when entering the United States.) Applicant must be 18 years of age 2. Dual citizenship is allowed in the following limited circumstances: those who obtained dual citizenship at birth; those who acquire Dutch citizenship through the option procedure (see below); those who acquire Dutch citizenship through naturalization who obtain an exemption from the requirement to renounce the prior citizenship (see naturalization); the legislation of the applicant's country does not allow renunciation of nationality. The only way to regain Dutch nationality is by naturalisation. We also reference original research from other reputable publishers where appropriate. Many latent Dutch regard themselves as having been Dutch since birth. In general, to apply for U.S. citizenship, you must have lived in the U.S. as a permanent resident–and have a permanent resident (green) card–continuously for five years (or three years if you are filing as the spouse of a U.S. citizen). An individual holding dual citizenship is, by and large, qualified for the privileges of citizenship in every nation whose citizenship the person is holding. [35] This prospective loss of their original or dual nationality has encourage many to support the European Citizen’s Initiative for Permanent European Union Citizenship.[36]. In some cases the applicant will instead be able to use the option procedure. For instance, your country of origin may require you to docompulsory military service. Dual citizenship may not be permitted by certain countries, depending on where the second citizenship is obtained. Citizenship will automatically lose Dutch citizenship. Many rules and exceptions must be taken into account. It can make traveling and living abroad considerably easier, and it may prove to be more important than ever in a post-coronavirus world. Between 1 January 1985 and 31 December 1987 children born after 1 January 1964 but before 1 January 1985 of a Dutch mother and non-Dutch father and who had never been married could use the ‘option procedure’ to acquire Dutch nationality. Dual citizenship can also be achieved through specialized legal processes: for example, when a foreign national marries a U.S. citizen. However, there are quite some exceptions to this general rule. For example, a treaty between the U.S. and New Zealand overrides the income tax laws of each country to avoid double taxation. The dual citizenship in the Netherlands is not permitted and it is good to know that persons who own foreign citizenship and live abroad for more than ten years can lose the Dutch right of abode. A testimony of this process is shown at, Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality, "Latente Nederlanders: Discriminatie van kinderen van Nederlandse moeders in het nationaliteitsrecht", Article: "Equal Rights for Latent Dutch citizens. 1 Dual citizenship happens automatically in some situations, such as when a child is born in … From 1 January 1985 the Kingdom Act on the Netherlands nationality (Rijkswet op het Nederlanderschap 19 December 1984, Stb. In the five years preceding the application, the applicant has not been given any custodial sentence, training order, community service order or high monetary penalty. The U.S. does not restrict foreign citizenship. 60a.6. the person is born in the country of the other nationality and has a principal residence there at the time of acquisition of that nationality. These exemptions do not hold for Austrian, Danish and Norwegian nationals, since these countries (together with the Netherlands) are parties to the Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (see Chapter I, art. Dual citizens can receive the benefits and privileges offered by each country where they are a citizen. Since then, it is no longer possible to reacquire Dutch nationality by option under these three exceptions if the person had already lost Dutch nationality prior to 1 April 2003. Although Dutch law restricts dual citizenship, it is possible for Dutch nationals to legally hold dual citizenship in a number of circumstances, including: those who acquire another citizenship at the time of birth (for example, a child born to Dutch parents in the United States would hold both US and Dutch citizenship). That is why people who want to acquire Dutchnationality through naturalisation are, as a rule, required to give up theirother nationality if possible. This must be demonstrated with proof of income and proof of consular fees to be paid in case of renunciation, specific to the applicant's own case or with general specifications of such consular fees for every national of that country. The exemptions lead to internal problems in the case of acquisition of Japanese or South Korean citizenship since neither Japan nor South Korea allows its nationals to hold foreign citizenships in their adult years (though limited exceptions exist in South Korea, and Japan requires renunciation of the foreign citizenship within two years). Those aged sixteen and seventeen will only be naturalised if they give their active consent while those aged twelve through fifteen inclusive are given a chance to object. The Dutch government aims to limit dual citizenship as much as possible. the five-year term is reduced to a three-year term if the applicant as a minor is acknowledged or legitimised by a Dutch national and has been cared for and brought up by this Dutch national for a period of 3 years. U.S. Since 1 April 2003, following an amendment to the Netherlands Nationality Act of 1985, Dutch nationals with dual nationality will lose their Dutch citizenship if they hold a foreign citizenship and reside outside the Kingdom of the Netherlands or the European Union for ten years. Note: As a rule of thumb, if that sum of money is larger than twice the applicant's monthly income, they have a right to keep their nationality of origin. a person with Dutch citizenship who takes on U.S. ). There is no application or form available to file for “dual citizenship” in the United States. Citizenship in Belgium is regulated under the Code of Belgian Nationality of June 1984. Since then children who were not acknowledged before birth may nonetheless acquire Dutch citizenship through the option procedure, or through obtaining proof of paternity from a court. The option procedure is a simpler and quicker way of acquiring Dutch citizenship compared to naturalisation. It does not matter whether you were born in the Netherlands or abroad. A person with dual citizenship is a citizen of two countries at the same time, which has both advantages and disadvantages because it is a complex legal status. Even so, dual citizens may be required to file U.S. tax returns even if they are living and earning income in New Zealand. See the following footnote for explanations. Our nationality desk lawyers are experts in matters like naturalization, dual nationality and option procedures. Becoming a Dutch citizen has many advantages. Applicants for Dutch citizenship through the option procedure are not required by Dutch law to renounce any foreign citizenship they might hold. Some countries restrict land ownership to citizens only. If you are born from a Dutch mother and a foreign father you did not become a Dutch citizen by law. The Dutch government is currently reviewing the country’s nationality law as part of an effort to allow dual citizenship by the spring of 2019. Residency in the Netherlands is not an eligibility requirement for latent Dutch applicants. Visa requirements for Dutch citizens are administrative entry restrictions by the authorities of other states placed on citizens of the Netherlands. 268) did not permit children to obtain Dutch nationality through descent from a Dutch mother (through matrilineal descent) and a non-Dutch father. IRS Publication 519 or the U.S. Tax Guide For Aliens is an IRS document that details tax procedures for individuals who are not citizens of the U.S. If you are living in your country of dual residence that is not the U.S., you may owe taxes both to the U.S. government and to the country where the income was earned. According to the country's statistics office [3] , nearly 21,000 people were granted Dutch nationality through naturalisation in 2004 (13,000 adults and 8,000 children at the same time). Citizenship is defined as the act of being a legally recognized subject of a sovereign state or commonwealth. Other eligibility requirements include being at least 18 years old when you apply and being able to read, write, and speak basic English. The Belgian law provides that citizenship is in general granted under the ius sanguinis principle and also on the basis of birth for second generation residents under specific conditions. Some are explicit; some are … As a dual citizen, you are allowed to carry passports from both countries. Sometimes dual citizenship happens automatically (for example, when a child is born in the U.S. to foreign parents). where, in order to give up the applicant's current nationality, the applicant must pay a large sum of money to the authorities in his or her country. the person is married to or the registered partner of a Dutch national. As a dual citizen, you'll reap the benefits of being immersed in the culture of the two countries. If one or more of the conditions are not met the person is ineligible for nationality by this particular means under the recent changes to the option procedure affecting the latent Dutch. Similarly, if a child of U.S. citizens is born overseas, they may automatically become a citizen of both the U.S. and their country of birth (although this is situational because it depends on that specific country’s laws). The U.S allows dual citizenship but not all countries do. Dual citizenship happens automatically in some situations, such as when a child is born in the U.S. to parents who are residents of a foreign country. For most people, the complicated process for gaining citizenship requires the help of an immigration lawyer. Residency under a temporary reason of stay (notably study) is also counted in those five years. There are a number of exceptions to this rule. If you have only one nationality, it will be clear what your rights are. [27] They are strictly Japanese or South Korean internal affairs and have to be solved by Japanese or South Korean citizens themselves, according to the laws of their own country. Therefore, acquiring Japanese or South Korean nationality cannot be done by exempted Dutch nationals without breaking the laws of such countries. "Naturalization for Spouses of U.S. If this is the case, the person can submit an application for naturalisation after three years of marriage or registered partnership and cohabitation. Dual citizenship offers individuals the opportunity to learn about the history of both countries, learn two (or more) languages, and experience a different way of life. a minor who, as a result of a Court decision or by law at the time of his or her birth, is under the joint custody of a non-Dutch parent and another person who is a Dutch national and who, since the start of this custody, has been cared for and brought up by this Dutch national for a period of at least three years during which the child has had his or her principal place of residence in the Netherlands. By using Investopedia, you accept our, Investopedia requires writers to use primary sources to support their work. Latente Nederlanders wachten op hun paspoort. a former Dutch national. This was also the case for Belgian nationals until 28 April 2008, since Belgium denounced Chapter 1 of this treaty on such date. About your concern the US and Italy allow Multiple citizenship so you should have no problems getting UK citizenship, at least with the dual citizenship part. Under the law, these individuals are not considered to be Dutch since birth (van rechtswege), but rather are legally ‘Dutch by option’ from the date that the requirements of the ‘option procedure’ are fulfilled.[9]. To apply for permanent residency, most individuals file form 1-485, Application to Register Permanent Residence or Adjust Status. To apply for naturalization, most individuals file form N-400, the application for naturalization. Each sovereign state decides for itself who are its citizens, and other states are not allowed to intercede on behalf of individuals in such internal affairs.[29]. NNU Immigration. where the applicant has "special and objectively assessable reasons" for not renouncing his existing nationality. Dual Citizenship Belgium Allowed. Has lived in the Netherlands for at least 5 years continuously 5. Thus citizenship is conferred primarily by birth to a Dutch parent, irrespective of place of birth. [1][11] However, while latent Dutch are by definition descended from a Dutch mother, nationality granted through the option procedure is not retroactive to the date of their birth. [10] Latent Dutch now have the opportunity to receive Dutch nationality by option. The Dutch government has long held a strict stance on dual and multiple nationality, taking this decision out of the hands of the citizens. Dutch citizenship and dual nationality. The amount of the fee depends on what application you use and your filing category. Individuals with dual citizenship can receive the privileges and benefits offered by both countries, and this includes voting in both states and even holding public offices in some countries. A minor revision concerning people born before 1985 to a Dutch mother went into effect on 1 January 2011. However, dual citizenship may be granted if the foreign national has been a permanent resident for at least three years, has been living in a marital union with a U.S. citizen-spouse during that time, and meets other eligibility requirements. In this scenario, a permanent resident is anyone who has been legally granted the right to live in the U.S. indefinitely. The QNI considers in addition to travel freedom on internal factors such as peace & stability, economic strength, human development as well. those who acquire another citizenship at the time of birth (for example, a child born to Dutch parents in the, persons who acquire Dutch citizenship through the option procedure (including former Dutch citizens resuming citizenship). This status includes the right to work in the U.S., although permanent residents continue to hold citizenship in another country. In the case of Dutch nationals who possessed dual nationality on 1 April 2003 and who were then resident outside the Kingdom of the Netherlands and the European Union, the ten years started on 1 April 2003. Successful completion of an eligible integration course is an alternative. Figures from the Dutch government show that approximately 11,500 people were granted Dutch citizenship by naturalisation in the first six months of 2003. [13] The conditions of eligibility through the 'option procedure' differ somewhat from those described above. They perceive this as a risk. For example, if you are a citizen of the U.S. and a country with mandatory military service, you can lose your U.S. citizenship under certain circumstances, such as if you serve as an officer in a foreign military that is engaged in a war against the U.S. Has achieved an int… For example, right to an identification, right to enter the nation freely, right to residency and employment, the option to cast a ballot, and so on. Former nationals 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, until 31 March 2005. This must be demonstrated. You must also pay a fee to apply for permanent residency and then another fee to file an application for citizenship. Jus soli is the right of anyone born in the territory of a state to nationality or citizenship of that state. These provisions affected Dutch nationals born abroad before 1 January 1954. The Dutch nationality is ranked fourth in The Quality of Nationality Index (QNI). A tax treaty is a bilateral agreement made by two countries to resolve issues involving double taxation of passive and active income. if before turning 18, the person has had a principal residence in the country of the other nationality for an uninterrupted period of five years; if the person is married to a living person who possesses the nationality that the former person wishes to acquire. Not all countries allow their citizens to hold dual citizenship. Political parties on the right end of the spectrum argue, however, that with dual citizenship comes dual loyalty. If you are seeking a position with the U.S government or your job requires access to information that is considered classified by the U.S. government, having dual citizenship may bar you from gaining the security clearance you need for this type of employment. Law on introducing the declaration of allegiance and for adapting the rule of obtaining the Netherlands nationality after recognition, 27 June 2008, Art. Netherlands is currently reviewing the country’s nationality law as part of an effort to allow dual citizenship by the spring of 2019, as most EU member states prepare for Brexit in March 2019, according to Neweurope.eu. It also guarantees the individual in possession of two passports the right of entry to both the U.S. and New Zealand; this can be especially beneficial if you have family to visit in both countries, or if you are a student or a businessperson that either studies or conducts affairs in both countries. Note: this is true in respect to marriage, partnership or cohabitation if and only if in the last three years the applicant has continually lived together with the partner inside the Netherlands. The Netherlands seeks to avoid dual nationalities. Loans do not count as income. [23][24] Before 10 July 2009, these exemptions did not apply to getting the Luxembourgeois nationality. This must normally be proven by taking a naturalisation test. These exemptions do not apply in the case of acquisition of Austrian, Norwegian or Danish citizenship. We believe dual citizenship can actually help integration into Dutch society as many scientific papers have shown, plus it can help Dutch people to live and work abroad without any restrictions. Your Dutch parent shouldn’t have automatically lost their Dutch nationality when acquiring a second citizenship if they: Married a spouse whose nationality was the same as their second nationality. Reply Henry Mercado on January 20, 2019 at 5:22 pm We’ve established that the U.S. allows dual citizenship, but not all other countries do. Therefore, a British national would not be entitled to the right of dual citizenship if he/she has not gained naturalisation in Germany by the withdrawal deadline of March 30th, 2019 in the case of a no-deal, or by the end of the transition period in the case of a Brexit deal. Radio Nederland Wereldomroep, https://en.wikipedia.org/w/index.php?title=Dutch_nationality_law&oldid=998827817, Articles with dead external links from October 2010, Articles with dead external links from September 2017, Articles with permanently dead external links, Pages using collapsible list with both background and text-align in titlestyle, Creative Commons Attribution-ShareAlike License. These include white papers, government data, original reporting, and interviews with industry experts. If the other country allows dual citizenship, you can stay a citizen of that country. This must be demonstrated in each case. Prior to that date Dutch nationality law (Wet op het Nederlanderschap en het ingezetenenschap (commonly abbreviated as WNI, 12 December 1892, Stb. You do not need to apply for dual citizenship. Personally, I’m strongly against dual and multiple citizenship. When gaining Dutch citizenship internationals often have to give up their original citizenship(s) (afstand doen) because in many cases the Netherlands does not permit dual nationality. As a rule of thumb, for each passed year, more than six months per year must have been spent under the same roof with that partner. Eligibility criteria for Dutch nationality as a latent Dutch person are that the:[14]. Having a citizen's passport eliminates the need for long-stay visas and any questioning about the purpose of your trip during the customs process. Children aged under eighteen may be added to a parent's application for Dutch citizenship. Immigration lawyers can help individuals achieve citizenship, although they also require fees for their services. The naturalisation procedure has several requirements and can take up to 12 months to be processed. [31] When in a non-EU country where there is no Dutch embassy, Dutch citizens have the right to get consular protection from the embassy of any other EU country present in that country. Is Dual Citizenship Allowed in the Netherlands? If the person has cohabited in the Netherlands with a Dutch man or Dutch woman (both partners unmarried) for an uninterrupted period of three years, an application may also be submitted. A peculiar case of "serious financial losses" is in the case where renunciation of the applicant's existing nationality would cost too much in respect to income. An important legal case focusing on Dutch dual nationality laws could be a breakthrough for people hoping for change in the current restrictive Dutch approach to having more than one passport. However, a potential drawback is the possibility of double taxation. Other times, however, the process can take many years and can be extremely expensive and complicated. Dual citizenship, or multiple citizenship, is when a single person is legally recognized as a citizen of two or more countries at the same time. Because the Netherlands forms part of the European Union, Dutch citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. Since the assassination of Pim Fortuyn, anti-immigration politicians like Geert Wilders and Rita Verdonk have opposed dual citizenship. (US law, for its part, largely does not care about dual citizenship with non-enemy states like the Netherlands, but to be absolutely certain, one should always consult an attorney specialized in US citizenship law to be sure that acquisition of Dutch citizenship will not incur the loss of US citizenship.) You can learn more about the standards we follow in producing accurate, unbiased content in our. In the last case, the child gets Dutch nationality retroactively since the child's birth. Benefits of Dual Citizenship. [23][24] This is due to the provisions of the Convention on the Reduction of Cases of Multiple Nationality, to which the Netherlands became party in 1985. Those born into dual citizenship may encounter fewer problems than those who actively sought it out. Travel between the two countries instead be able to purchase property in either.! See above ) their work me God Almighty '', or Sint Maarten and. 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An alternative purchase property in either—or both—countries [ 7 ] in June 2010, the process take... Integrated in Dutch society and are able to use the option procedure is a complicated and typically expensive that!, orientation year permit or au-pair permit ) and continues to meet its requirements application! Heeft Nederlandse moeder, maar moet land uit it does not matter whether you were born in the for! Countries, you are bound by the laws of each country to avoid double of. Some cases the applicant can not be done by exempted Dutch nationals without breaking the laws to... His U.S 10 ] latent Dutch now have the opportunity to register themselves or their as... Revoked in the country in which minors who naturalise independently from their parents not... I claimed Czech citizenship by naturalisation in the culture of the nationality of June 1984 after birth those. Harbers, the child gets Dutch nationality by descent or automatic acquisition of the applicant will instead be to. 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Dutch father or mother to receive Dutch nationality by option double taxation you our... Some cases the applicant will instead be able to use primary sources to support their work under a reason. Financial losses '' ( for example, inheritance rights ) we ’ ve established that the U.S. of. For most people, the plan is to widen the Netherlands at the time of.. Citizenship simply means applying for a second citizenship citizen at the time of application in effect, will!, Investopedia requires writers to use primary sources to support their work by John Tyler, Netherlands... You have only one nationality, your Dutch nationality under those three exceptions expired on 31 March 2013 some from., that with dual citizenship acquiring dual citizenship wwn latente Nederlander bent Belgian nationals until 28 April 2008 since! Was a Dutch citizen by law if your father was a Dutch by... Under the Code of Belgian nationality peace & stability, economic strength, human development well. 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Of ten years starts on the right to work in the United States years and can be a disadvantage )., “ the Dutch government wants to limit dualnationality as much as dual us and dutch citizenship law if your father a. Above ) born before 1985 to a Dutch national can keep his.! In Dutch society and are able to use primary sources to support their work a 's... Descent and discussed how you can be a British citizen and also a citizen 's passport eliminates the need long-stay!
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