UPDATED 25 Sep 2019
Good news! One step closer. Today (21 Sep) it is announced that a majority (D66, VVD, GL, PvdA and 50plus) will on Monday submit and support the Dutch bill 35130- (R2119). So there is a good chance that the bill will be accepted and that for almost all Dutch people resident in the United Kingdom it is possible to adopt British nationality without losing the Dutch nationality. Please note that the bill must first be accepted by the House of Representatives (Tweede Kamer), and then by the Dutch Senate (Eerste Kamer).
This is a message from 25 Sep 2019, meanwhile the proposal can have changed. On the next page you find the latest information and explanation about this proposal or when it becomes actual law. Pagina 12-brexit-noodwet-voorstel-35130-r2119 (Unfortunately at this time we have not translated the page yet).
BEWARE!
However, and unfortunately, this is only a TEMPORARY exception and only in the case of a no deal “Hard Brexit”. You have to be very careful that you meet the conditions and time limits. And this is only for Dutch people who are permanently resident in the United Kingdom.
You must first have the correct residency status in order to apply for British nationality. For example, as soon as you get the new Settled Status (EU-ILR), you have to wait a year before you can apply for British nationality. However, if the application is submitted within eighteen months after Brexit, then these rights may apply. However, if you submit the application after the said eighteen months, you may still AUTOMATICALLY lose your Dutch nationality. Of course it is also possible that the Hard Brexit date will be much later.
WARNING!
If someone starts taking steps as a result of this, make sure that they are properly informed via the official bodies ( Dutch Embassy, NL municipality, etc.). The risk of AUTOMATIC loss of Dutch nationality continues to exist for many.
The proposal explained. Good to know:
(Note, this is currently just a PROPOSAL.)
The legislation (if approved) will start on the day of a Hard Brexit. So, no Brexit, no law. A later Brexit, a later start date. A Brexit deal, no law. The proposal:
A Dutch person resident in the UK will not loose his/her Dutch nationality (Dutch nationality law Art 15, paragraph 1, introduction and 1a) IF the following conditions apply:
- Only valid for the period 23 June 2016 up to eighteen months after the startdate of the law.
- Only for those who were resident in the United Kingdom from 23 June 2016 who applied to obtain the British nationality. (So not for those who, for example, moved there on 24 June 2016).
- Minors / children share in these rights with their parents on the condition that they also lived in the UK from 23 June 2016. Exception on the date are children born in the UK after 23 June 2016.
- The current exceptions (Dutch nationality law Art. 15 paragraph 2 for adults and Art. 16 paragraph 2 for minors) continue to exist.
Have you already lost your Dutch nationality because of Brexit? Get it back through Option!
Option law is an easy procedure. After all, it is not an application such as naturalization, but your own choice and option via a specific form. However, the authorities will quickly check (for a number of months) whether you can make use of the Option right. Normally this is only for those who live in the Netherlands. Through this law it can therefore also be submitted if living in the UK, IF:
- You automatically lost your Dutch nationality after 23 June 2016 and between the start of this law, AND
- this loss was due to the getting the British nationality, AND
- You were resident in the UK from June 23, 2016, AND
- You are living in the UK until the time of Dutch nationality by Option.
- An exception to the date of 23 June 2016 is minors/children born in the UK after 23 June 2016.
- Minors/children share in the acquisition if they also meet the same conditions and are mentioned on the Option form of the parent (s). Pay attention! Not mentioning the children on the form means that they will not become Dutch and this can often not be corrected later.
Unlike earlier versions this bill makes NO arrangements for British nationals living in the Netherlands. You can read all about it in the (Dutch) documents below. You can approach me with any questions. However, until the law has really changed, there is little I can say.
The proposers of this law are Sjoerd Sjoerdsma (D66), Lammert van Raan (PvdD), Martin van Rooijen (50PLUS), and Farid Azarkan (DENK). Note that elsewhere, the rest of the Dutchies in foreign parts are still waiting for a real modernisation of the Dutch Nationality law.
Kind regards,
Kris von Habsburg
35130_R2119_bijgewerkt_t_m_nr._6_NvW_d.d._8_april_2019 CANCELLED, see update below.
