IND’s stance: applying for a South African or Canadian passport may result in the loss of Dutch citizenship

Previously, we discussed the possible consequences of the revision of the Canadian Citizenship Act and the ruling of the South African Constitutional Court. We recently learned of the IND’s stance regarding the consequences of these amended nationality rules in South Africa and Canada for Dutch nationals with South African and Canadian roots. This stance is not what one would expect based on Dutch laws, regulations, and case law. For this reason, it remains to be seen how this will play out in practice.

Laws, regulations, and case law

Dutch nationals who voluntarily acquire or regain another nationality generally lose their Dutch nationality by operation of law pursuant to Article 15(1)(a) of the Dutch Nationality Act. The decisive factor here is that a voluntary act is performed through which the person concerned acquires a nationality that they do not currently hold.

IND’s stance on South Africa

In May 2025, the Constitutional Court of South Africa declared Section 6(1)(a) of the South African Citizenship Act unconstitutional. As a result, individuals who lost their South African nationality after October 6, 1995, through the voluntary acquisition of another nationality, are deemed never to have lost that nationality. Therefore, they have retained it retroactively. Through an online portal, you can have your South African nationality status reviewed and receive confirmation whether you are a South African citizen.

The IND views the request to have your South African citizenship confirmed as a voluntary act intended to obtain South African citizenship. The IND also states that such a request may conflict with the special waiver that South Africans signed when becoming Dutch citizens. In this waiver, they declared that they will not take any steps to retain South African citizenship.

IND’s stance on Canada

Recent changes to Canadian nationality laws may result in individuals regaining Canadian nationality or being retroactively considered Canadian from birth. The IND considers an application for a Canadian citizenship certificate to be a voluntary act intended to acquire Canadian citizenship. For this reason, according to the IND, submitting such an application may result in the loss of Dutch citizenship.

Our stance

The South African and Canadian nationality are acquired under the laws of those countries. There is no question of a voluntary act to acquire another nationality. Having your nationality assessed and confirmed, and applying for a citizenship certificate, is not a prerequisite for obtaining South African and Canadian citizenship. On the contrary, it confirms that you already hold that nationality and that you are eligible to apply for a South African or Canadian passport. In no way can this be qualified as “acquiring another nationality”. Nor is this an acquisition procedure such as naturalization or the option procedure to acquire another nationality.

In both cases, there is indeed a so-called “voluntary act”.  However, this act is aimed at having the nationality confirmed. The result may be the confirmation that the person does possess the South African or Canadian nationality. However, the opposite may be confirmed as well. There is no other nationality being acquired. Therefore, there is no voluntary act aimed to obtain another nationality.

The IND’s position is difficult to understand, hard to explain, and may also conflict with the principle of legal certainty, one of the most important principles of Dutch citizenship law. In legal practice and for our clients, this means that the District Court of The Hague will ultimately have to decide whether someone is still a Dutch national—and thus an EU citizen—if the authorities of South Africa or Canada have established that you are a South African or Canadian citizen.

Feel free to contact us if you have any questions regarding your Dutch citizenship position in light of the above. Our Dutch citizenship experts will gladly discuss your situation and your options.