IND uses driving ban to reject naturalization requests

A naturalization application will be rejected if there are serious grounds for suspecting that the person poses a threat to public order, public morals or the security of the Netherlands (Article 9(1)(a) of the Dutch Citizenship Act – RWN). Such serious grounds may exist, for example, if a person has been convicted of a criminal offence in the five years immediately preceding the submission of the application.

On 16 October 2024, the Administrative Jurisdiction Division of the Council of State ruled that a driving ban is not a penalty that can be used to reject a naturalization request under Article 9(1)(a) RWN. The reason being that the RWN Manual refers only to penalties within the meaning of Article 9(1)(b) of the Criminal Code when discussing additional penalties. The penalty of a driving ban is provided for in the Road Traffic Act. If the legislator also wishes to be able to impose an additional penalty such as a driving ban in cases of naturalization, they must amend the model and the RWN Manual.

Since the Division’s ruling, the IND has retained cases involving an additional penalty other than those referred to in Article 9(1)(b) of the Criminal Code. However, starting 13 May 2026, the IND rejects naturalization requests when the person has a two-month driving ban. The IND states that this two-month period is in line with the Guidelines on criminal proceedings for driving under the influence of alcohol and/or drugs and driving whilst disqualified. The RWN Manual has yet to be updated. Nevertheless, the IND has already begun implementing this policy.

Do you have any questions about naturalization and public order? Please do not hesitate to contact us. Our citizenship experts will be happy to discuss your situation with you.