Until October 1, 1998, Dutch passports were issued only to children who were adopted in the Netherlands, the Dutch Antilles or Aruba ^[1]. The possibilities were extended when The Hague Adoption Convention of 1993 came into force ^[2].

From October 1, 1998, minor children who were adopted outside of the Netherlands in accordance with this Convention would be themselves, legally Dutch if at least one of the adoptive parents is Dutch. This applies only to 'strong' adoptions. ^[3]

There are 3 ways to obtain Dutch nationality: through naturalization, through an option procedure or through birth from a Dutch father or mother.

The Dutch Citizenship Act is complicated; whether and how you may acquire Dutch nationality is different in each individual case. Many rules and exceptions must be taken into account. Our nationality desk lawyers are experts in matters like naturalization, dual nationality and option procedures. They can advise you, assist with the application for Dutch citizenship or represent you during an objection appeal or confirmation procedure.

To diplomats, employees at a consulate or at an international organization (summarized as the privileged) other rules apply.  

Are you a Brit living in the Netherlands or are you a spouse or (registered) partner of a Dutch citizen and would you like to know if and how you can acquire Dutch nationality without losing your British nationality? In this article you will find information about naturalisation, Brexit and dual nationality.

Recently our firm has finalized several different cases successfully concerning dual citizenship.

On June 30, 2020, the Dutch Senate agreed with a legislative proposal to introduce temporary amendments to the Dutch Nationality Act in order to expand the possibilities of Dutch citizens in the UK to obtain dual (Dutch/UK) nationality.

The new coalition agreement contains a paragraph on dual nationality and retention of Dutch citizenship.

Dual nationality gets a fair bit of media attention lately. In recent news several Moroccan-Dutch citizens asked political support for their right to renounce their Moroccan nationality. At the same time a majority of the House of Representatives proposed a Brexit-emergency law that will allow Dutch citizens in the UK to keep their Dutch nationality in case they obtain the British nationality. How does that work?

Minors, who possess dual nationality and live outside the EU for a substantial amount of time, may lose their Dutch nationality automatically when their parents fail to renew their Dutch passports on time.

Loss of Dutch citizenship can happen automatically, sometimes even without you knowing it. Dutch citizenship can also be revoked. 

Regaining Dutch citizenship is a laborious process and not always possible. It is wise to contact one of our lawyers for tailored advice.

Automatic loss of Dutch citizenship can happen if you:

The judgment of the European Court of Justice in the case Tjebbes and Others/ Minister for Foreign Affairs concerning automatic loss of Dutch citizenship has been published.

As a result of our partnership with IN Amsterdam (formerly known as the Amsterdam expat center), we recently published an article about obtaining dual nationality on the I Amsterdam Living portal. A subsection of the official Amsterdam municipality website, this English-language portal offers all kinds of practical information for expats.

Nationality law expert Hermie de Voer spoke to Eelco Keij of SNBN (Dutch Outside The Netherlands Foundation) in the first podcast of a new series. 

In this podcast, live since 9 January 2019, our partner and Dutch citizenship expert Hermie de Voer explains different ways to obtain Dutch nationality and dual citizenship. As a little nugget to conclude, there's a Brexit related case!

On 20 May 2020, the Administrative Jurisdiction Division of the Council of State determined that the consequences of the automatic loss of Dutch citizenship due to the acquisition of another nationality must also be reviewed on a case-by-case basis.

Door Elles Besselsen

On 20 May 2020, the Administrative Jurisdiction Division of the Council of State ruled that, even in the case of automatic loss of Dutch citizenship by acquisition of another nationality, it must be examined whether the consequences in the individual case are not disproportionate. The current Dutch Citizenship Act (Rijkswet op het Nederlanderschap, RWN) does not require such a proportionality test.

A Dutch national who voluntarily acquires another nationality automatically loses their Dutch citizenship. There are only three exceptions to this rule. Dutch citizenship will not be lost, if:

1. the Dutch national was born in the country of the other nationality and has their main residence there at the time of acquiring the other nationality;
2. the Dutch national had their main residence in the country of the other nationality before reaching the age of 18 for an uninterrupted period of at least five years; or
3. the Dutch national is married to a person of the other nationality.

In an earlier case, the Council of State ruled that Dutch citizens with dual nationality who lost their Dutch citizenship after having resided abroad for ten years could regain their Dutch citizenship with retroactive effect, if the consequences of the loss were disproportionate from an EU-law perspective. This concerns concrete and foreseeable consequences at the moment of loss.

This now also applies to those who have automatically lost their Dutch citizenship by acquiring another non-EU nationality.

The proportionality test in practice

The proportionality test can take place in the case of a passport application or in the case of a request to establish Dutch citizenship by a Dutch court. The proportionality of the loss of Dutch citizenship will not be examined, if the person concerned has another EU nationality. After all, in such a case there has not been a loss of EU citizenship and the associated EU rights.
The IND will assess whether the loss of Dutch citizenship has disproportionate consequences in relation to the exercise of the rights that EU citizenship brings with it, such as free movement and residence in another EU Member State, the possibility to work or study in the EU, the enjoyment of diplomatic and consular protection, and the exercise of family life and the protection of the best interests of the child.
The person concerned must substantiate the disproportionate consequences of the loss of their Dutch citizenship with as many documents as possible. The following evidentiary documents are particularly relevant:

• job offer or contract proposal;
• employment contracts;
• salary slips;
• registration in a Chamber of Commerce;
• tax returns;
• proof of enrolment in or admission to a school or university;
• proofs of ownership of real estate (deed);
• receipts for travel tickets and other travel documents
• visa’s and entry and exit stamps in passports;
• written statements by family members and acquaintances;
• extract from a civil registry;
• birth certificate;
• marriage certificate and civil union certificate; and
• proof of family relationship(s) and legal residence of the family member in an EU Member State.

If it is concluded that the loss of EU citizenship has disproportionate consequences, the applicant will regain Dutch citizenship with retroactive effect. If this is not concluded, the loss of Dutch citizenship is maintained. An objection can be lodged against this decision.

Have you lost Dutch citizenship due to long-term residence abroad or by acquiring another nationality and are you of the opinion that the loss has disproportionate consequences for you? If so, please contact Elles Besselsen for advice.