[8] Recovering/Resuming Dutch Nationality

Grant (Naturalisation)
If the option procedure isn’t for you, former Dutch nationals can be re-naturalised. Compared to most applicants for naturalisation, former Dutch nationals are not required to have lived in the Kingdom of the Netherlands for 5 years, and they can request to be naturalised while living abroad (as long as they are living in a country where they are not nationals). More information about this is available on the main page about acquiring Dutch nationality by way of grant (naturalisation). In any case, it is important to note that former Dutch nationals applying for naturalisation abroad are not exempt from the requirement of having no objections to indefinite stay in the Kingdom of the Netherlands. In this case, embassy/consulate staff will check if the applicant, in theory, would be able to obtain a residence permit for a non-temporary purpose. Therefore, naturalisation can still be a difficult pathway for some former Dutch nationals.

So, might the option procedure be for me?

On page 5 “Nationality by Option” you will find a few exceptions that do not require you to be in the Netherlands to follow the option procedure. In most cases, going to live in the Netherlands is necessary. A special residence permit is offered to former Dutch nationals, however a distinction is made between:

• Former Dutch who are born and raised in the Netherlands, and
• Former Dutch who are born abroad, but who have demonstrable special ties with the Netherlands

What if I can’t get that residence permit?
There are other residence permits that will allow you to return to the Netherlands and make use of the option procedure. The most important aspect is that you secure one that is for a non-temporary purpose. Common examples are paid work in the Netherlands, working as a researcher, and family reunification with certain family members.

However, if you have the nationality of an EU member state (or EFTA/Swiss nationality), you can obtain a residence permit under Union rules, which is considered to be for a non-temporary purpose.

We will discuss the “special return permit” in more details below.

Return for former Dutch born and raised in the European part of the Netherlands (incl. Bonaire, Sint-Eustatius en Saba).

You are former Dutch national and were born and raised in the European part of the Netherlands (raised, in this case, means you have completed at least half of primary education in the Netherlands, including Bonaire, Sint Eustatius or Saba) and you lost Dutch nationality after you left the Netherlands. Does this situation apply to you? If so, you are likely eligible. This residence permit is only issued in the European part of the Netherlands. You must meet all conditions.

Conditions for the visa/residence permit ‘Readmission for former Dutch nationals born and raised in the European part of the Netherlands‘:

• You were born and raised in the European part of the Netherlands.
• You have completed at least half of primary education in the Netherlands (including Bonaire, Sint Eustatius or Saba) and you have lost Dutch nationality after leaving the Netherlands.
• You do not pose a threat to public order or national security.
• Depending on your nationality, you must have a provisional residence permit (mvv) before you come to the Netherlands. You may apply for the visa/residence permit in the country of which you are a national. A number of nationalities and groups do not require an mvv.
• You are willing to undergo a TB (tuberculosis) test (there are exceptions to this).

The requirements for former Dutch who are not ‘born and raised’ in the European part of the Netherlands:

To start, you must belong to one of the following categories:

• You were born abroad as a Dutch citizen and you later lost your Dutch nationality.
• Your Dutch nationality has been revoked because you have not done everything possible to renounce your original nationality after naturalization.
• You have renounced your Dutch nationality because you did not do or did not want to do everything possible to renounce your original nationality after you became a Dutch citizen.
• You have lived in the Netherlands as a minor.
• You have returned to your country of origin on the basis of the remigration law. You now want to make use of Article 8, Remigration Act, to return to the Netherlands.
• You have submitted a request to the court to determine whether you have Dutch nationality (request under the Dutch Nationality Act, Article 17).

You must then meet all of the following conditions:

• You live in a country other than the country of which you are a national (so you may not apply for the permit in the country of which you are a national).
• You do not pose a threat to public order or national security.
• You are of legal age (i.e. 18 years or older).
• You have special ties with the Netherlands (through education, upbringing, social position or work).
  • For example: You completed half of your primary education in the European or Caribbean Netherlands or in Aruba, Curaçao or Sint Maarten or worked as a civil servant in the Dutch service.
• If necessary, you have a provisional residence permit (mvv).
• You are willing to undergo a TB (tuberculosis) test (there are exceptions to this).

Former Dutch who have a EU/EFTA/Swiss nationality:

If you have the nationality of an EU/EEA member state or Switzerland, you do not need a residence permit or work permit (TWV) to live and work in the Netherlands. You do not have to report yourself to the IND and you do not need an entry visa. However, you must comply with the EU guidelines regarding the Free Movement of Persons and you may not rely on general resources, such as social assistance benefits. The IND can then terminate your lawful residence. This does not apply if you have already been granted permanent right of residence after five years.

Once you are back in the Netherlands

After one year of legal (registered) residence in the Netherlands, you can start the Option Procedure, see page 5 Nationality by Option. In most cases, this is the fastest way to regain your nationality as a former Dutch national.

Transitional Arrangement – Article 26

RWN Article 26 was for adults who had lost their Dutch nationality by adopting another nationality and in certain cases could regain this nationality through an option while living outside the Netherlands. However, this was a temporary option between 2003 and 2013 and is therefore no longer possible from abroad.

The Judge

Unfortunately, according to Dutch law it is normally not possible for a Dutch judge to return Dutch nationality to you, unless you have lost it due to Article 14 (crime). However, the judge can determine whether errors have been made. For example, you may have lost your nationality due to an error by the government. But this is only a question of guilt and according to Dutch law the judge cannot simply correct this (yes, indeed, for some reason). The judge can therefore only determine whether you have Dutch nationality or not (Article 17-20) and the nationality legislation determines this.

The judge may therefore also determine that the government has made an error in concluding that you are not a Dutch citizen. In this case, as rare as it may be, you are still Dutch and the judge can/will confirm this.

Therefore, “never say never”!

The EU Proportionality Assessment (aka “The Tjebbes Judgement”)

In 2019, the Court of Justice of the EU determined that Dutch Nationality Law was not compatible with Union Law due to the fact that in many cases of loss of Dutch nationality, there was at no time the possibility to examine the consequences of the loss of citizenship of the Union, if this occurred at the same time as the loss of Dutch nationality. This option right is open to all former Dutch nationals who can prove that the loss of their Dutch nationality also caused the loss of their Union citizenship, and that this loss had disproportionate consequences for them at the time of the loss from the point of view of EU law. This is not the best route for many former Dutch nationals due to the nature of the assessment (according to the IND, this option has a success rate of a mere 4%). That being said, if you’d like more information about this option, we have a whole page dedicated to it. You can also consult the documents below:

Court of Justice of the EU Press Release 26/19 (PDF in Dutch)
Court of Justice of the EU, Judgment of the Court (Grand Chamber) of 12 March 2019 Tjebbes and Others (multilingual)

DISCLAIMER
All information and advice must be verified by the reader himself before taking any action. Every advice on this website is to help you find the right answers and take you in the right direction. The information and advice here may contain inadvertent errors. The situation can vary from person to person. In addition, the law, as described here, may have just changed or may change in the (near) future.

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