Change public order policy naturalisation

A naturalisation or option request may be rejected if someone poses a danger to public order. Following a judgment by the Administrative Law Division of the Council of State on August 30, 2023, the State Secretary of Justice and Security has amended the public order policy for option and naturalisation.

Previously, a request for Dutch citizenship could be rejected, if a community service or a penal order, transaction or fine of €810 was imposed or enforced for a conviction for a felony within five years immediately preceding the request. For the assessment of the danger to public order, it did not matter how many hours of community service were imposed. This is now going to change: as of March 1, 2024, a Dutch citizenship will be refused, if immediately prior to the naturalisation or option request or the decision thereon, the person involved has received:

• A community service penalty of 36 hours or more for a felony, or multiple community service penalties of 18 hours or more, totaling 54 hours or more;
• A penal order, transaction or fine of €900 or more, or if in the five-year period immediately preceding the request or the decision thereon several penal orders, transactions or fines of €450 or more have been issued, imposed or paid, with a total of €1,350 or more;
• If a probationary period is attached to a conditional community service sentence, which is lower than the minimum of 36 or 54 hours, this does not constitute a ground for rejection of a naturalization or an option request. This was already the case with a conditional penal order, transaction or fine lower than the minimum.

Do you have a criminal record and wonder if you are eligible for Dutch citizenship? For more information about the conditions for naturalisation or option, contact please us.