Dual Nationality: Acquiring Another Nationality While Retaining Dutch Nationality

_{By Leonie Haenen}

If you are a Dutch citizen and wish to acquire another nationality, it is important to pay close attention to the consequences for your Dutch nationality. The main rule in Dutch nationality law is that a Dutch citizen who voluntarily acquires a foreign nationality automatically loses their Dutch nationality. This means that from the day you acquire another nationality, you are no longer a Dutch citizen, even if your Dutch passport is still valid.

There are three exceptions to this rule, laid down in Article 15, paragraph 2 of the Dutch Citizenship Act 2003 (RWN 2003):

1. You acquire the nationality of the country in which you were born and where you have your main residence at the time of acquiring the new nationality;
2. You acquire the nationality of the country where you lived continuously for more than five years before the age of 18; or
3. You acquire the nationality of your spouse or registered partner.

If at least one of the above situations applies to you, you can obtain another nationality and retain your Dutch nationality. Currently, there is no official procedure to confirm that you have retained or will retain Dutch nationality. Therefore, it is very important to assess if you fall under an exception before voluntarily acquiring another nationality as a Dutch citizen.

Example

Ana was born and raised in Albania. At the age of 20, she moved to the Netherlands to study. After her studies, she found a job in the Netherlands and decided to stay. Once she met the requirements, Ana submitted a naturalization request. After obtaining Dutch nationality, she renounced her Albanian nationality. She now only holds the Dutch nationality.

Years later, Ana moves back to Albania to spend more time with her family. She obtains a residence permit and lives in Albania as a Dutch citizen. Ana would like to regain the Albanian nationality but wants to be sure she will not lose her Dutch nationality if she does so.

Ana falls under both the first and second exception of Article 15, paragraph 2 of the RWN 2003: she was born in Albania and currently has her main residence there. She also lived in Albania continuously from birth until age 20 — that is, more than five years before turning 18. She can prove this with objective documents: an Albanian birth certificate, her elementary school report cards, and evidence of address registration at an Albanian address from birth until the age of 20.

After successfully regaining the Albanian nationality, Ana wants to make sure that she still holds the Dutch nationality. She knows there is no official procedure to confirm this. Until recently, it was possible to request a “Dutch nationality certificate” from the Dutch embassy as confirmation that the Dutch nationality was retained. However, as of July 1, 2024, this certificate is no longer issued if it is solely meant to confirm the Dutch nationality in writing.

Therefore, Ana can only file a petition with the District Court of The Hague to have her Dutch nationality formally established, or she must wait until she renews her Dutch passport at the Dutch embassy in Tirana in a few years.

At the time of her next passport renewal at the Dutch embassy, the Dutch authorities will ask if she holds another nationality. They will then check whether she falls under one of the exceptions in Article 15, paragraph 2 of the RWN 2003. Once this is confirmed, she will be granted her new Dutch passport. This means Ana would either have to initiate legal proceedings at the District Court of The Hague or wait several years for a formal confirmation that she is still Dutch, because this is when her Dutch passport comes up for renewal.

It is very important that you carefully check whether you fall under one of the exceptions and whether you have sufficient objective evidence to prove this, before acquiring another nationality as a Dutch citizen. Are you a Dutch citizen and planning to take on another nationality? Please contact us before taking any steps.