the person is married to or the registered partner of a Dutch national. born in the country whose nationality was acquired and living there at the time of acquisition of the nationality of that country, or, before turning eighteen, lived in the country whose nationality was acquired for an uninterrupted period of at least five years, or. those who acquire another citizenship at the time of birth (for example, a child born to Dutch parents in the, persons who acquire Dutch citizenship through the option procedure (including former Dutch citizens resuming citizenship). A key criteria test set forth by the IRS, that an individual must satisfy in order to be claimed as another person's dependent. Whether you’re after dual citizenship or sole German citizenship, you’ll need to meet various criteria, including having lived in Germany for 8 years or more. When a child is born abroad, however, the rules can be somewhat more complex: a child born to US citizens on holiday in a foreign country will be considered an American citizen,for example, in addition to possibly being considered a ci… Your Dutch parent shouldn’t have automatically lost their Dutch nationality when acquiring a second citizenship if they: Married a spouse whose nationality was the same as their second nationality. a person adopted after majority in the Netherlands, Aruba, Curaçao, or Sint Maarten by parents at least one of whom has Dutch nationality. Article: Hoe Bepaal je je wwn latente Nederlander Bent? "I-485, Application to Register Permanent Residence or Adjust Status." [32][33] Dutch citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty. Therefore, acquiring Japanese or South Korean nationality cannot be done by exempted Dutch nationals without breaking the laws of such countries. NNU Immigration. Step-by-step Guide - Dual Citizenship. Lived a minimum of 5 years continously in the country of their second nationality before turining 18 years old, and renewed their Dutch passport before it expired every 10 years. The exemptions lead to internal problems in the case of acquisition of Japanese or South Korean citizenship since neither Japan nor South Korea allows its nationals to hold foreign citizenships in their adult years (though limited exceptions exist in South Korea, and Japan requires renunciation of the foreign citizenship within two years). 6. Before independence, Dutch citizenship was held by many persons in Suriname and Indonesia. an adult who used to be a Dutch national and who has been legally resident in the Netherlands, Aruba, Curaçao or Sint Maarten for at least one year and whose residence is without any restriction as to length. In general, U.S. policy recognizes that dual citizens might be legally obligated to fulfill military obligations abroad, and many can do so without jeopardizing their U.S. citizen status, but it is important to research each situation carefully. Dual citizenship has been a hot topic in the Netherlands for quite a number of years. Dutch nationals may lose their citizenship through long residence outside the Netherlands while having more than one nationality, or acquisition of a foreign nationality. Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S… [23], From 1 April 2003, loss of Dutch citizenship upon naturalisation in another country is still automatic unless at least one of the following exemptions applies:[23], If a person already lost Dutch nationality under these three exceptions prior to 1 April 2003, the final date to regain Dutch nationality under these three exceptions was 1 April 2013. The U.S allows dual citizenship but not all countries do. Dual citizenship happens automatically in some situations, such as when a child is born in the U.S. to parents who are residents of a foreign country. Dual citizenship. In this case, dual citizenship is not automatic. If the other country allows dual citizenship, you can stay a citizen of that country. China, Japan, the Netherlands and Nepal do not allow dual citizenship. The amendment lets Dutch nationals who hold foreign citizenship and reside abroad keep their citizenship by either having a principal residence in the Netherlands or another EU member state for at least a year or applying for a Dutch passport or proof of Dutch nationality before 1 April 2013, the end of the ten years. According to the country's statistics office [3] , nearly 21,000 people were granted Dutch nationality through naturalisation in 2004 (13,000 adults and 8,000 children at the same time). Becoming a Dutch citizen has many advantages. From 1 January 1985 the Kingdom Act on the Netherlands nationality (Rijkswet op het Nederlanderschap 19 December 1984, Stb. You can acquire the Dutch citizenship through the option procedure. If you are living in your country of dual residence that is not the U.S., you may owe taxes both to the U.S. government and to the country where the income was earned. The option procedure is a simpler and quicker way of acquiring Dutch citizenship compared to naturalisation. Before 28 April 2008, those exemptions did not apply to obtaining Belgian nationality. This must be demonstrated. One benefit of dual citizenship that is often cited is the ability of an individual to possess two passports. Before 1 January 1985, Dutch nationals lost their nationality in cases where they were born outside the Kingdom of the Netherlands, lived for an uninterrupted period of ten years outside the Kingdom after reaching the age of majority (then twenty-one) and did not submit notification that they wished to retain their Dutch nationality before the period of ten years. the five-year term is reduced to a three-year term if the applicant as a minor is acknowledged or legitimised by a Dutch national and has been cared for and brought up by this Dutch national for a period of 3 years. Unless the parents are foreign diplomats, the child generally becomes a citizen of the U.S. (in addition to the country-of-residence of their parents). Has achieved an int… Five years of continuous residence in the Netherlands, Aruba, Curaçao, or Sint Maarten with a valid residence permit prior to the application date. Some countries restrict land ownership to citizens only. "Which Countries Allow Dual Citizenship with the USA?" persons who become naturalised Dutch nationals if they obtain an exemption from the requirement to renounce their foreign citizenship, such as those who are married to Dutch nationals. Dutch nationals who naturalise in another country who are exempted from the loss of nationality rule, such as those married to a national of that country. Eligibility criteria for Dutch nationality as a latent Dutch person are that the:[14]. [3][4] The legislative change was discussed by parliament in 2006,[2][5] but then stalled when the government fell and the bill was withdrawn. Since the assassination of Pim Fortuyn, anti-immigration politicians like Geert Wilders and Rita Verdonk have opposed dual citizenship. This fee is set by the U.S. Department of Homeland Security. Children aged under eighteen may be added to a parent's application for Dutch citizenship. [35] This prospective loss of their original or dual nationality has encourage many to support the European Citizen’s Initiative for Permanent European Union Citizenship.[36]. However, income tax treaties between the U.S. and other countries serve to effectively reduce or eliminate an individual's tax liability in order to avoid double taxation. Because the Netherlands forms part of the European Union, Dutch citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. an adult who was born in the Netherlands, Aruba, Curaçao or Sint Maarten and who has lived in any of these places continuously since birth. where, in order to give up the current nationality, the applicant would have to fulfil military service obligations or pay for such military service instead of fulfilling it. Is Dual Citizenship Allowed in the Netherlands? There is no application or form available to file for “dual citizenship” in the United States. In general, those acquiring citizenship of these countries at independence have lost their Dutch citizenship, but a request for determination of citizenship status can be addressed to the Dutch authorities. The Dutch nationality is ranked fourth in The Quality of Nationality Index (QNI). Accessed January 25, 2021. (A foreign national is any person who is not a naturalized citizen of the country in which they are living.) The Dutch government wants to limit dualnationality as much as possible. Acquiring Dual Citizenship Acquiring dual citizenship all depends on the countries you are dealing with. For example, they have access to two social services systems, can vote in either country, and may be able to run for office in either country (if the law permits). You must also pay a fee to apply for permanent residency and then another fee to file an application for citizenship. A person born on or after 1 January 1985 to a Dutch father or mother (afstamming) is automatically a Dutch national at birth (van rechtswege). Note: As a rule of thumb, if that sum of money is larger than twice the applicant's monthly income, they have a right to keep their nationality of origin. The U.S allows dual citizenship but not all countries do. Having a citizen's passport eliminates the need for long-stay visas and any questioning about the purpose of your trip during the customs process. For example, right to an identification, right to enter the nation freely, right to residency and employment, the option to cast a ballot, and so on. As the government website explains, “The Dutch government wants to limit dual nationality as much as possible. Before 1 April 2003, an acknowledgement could be given after birth. a person holding US citizenship, marrying a Dutch national can keep his U.S. [31] When in a non-EU country where there is no Dutch embassy, Dutch citizens have the right to get consular protection from the embassy of any other EU country present in that country. Dual citizenship (also known as dual nationality) is allowed in the UK. Those born into dual citizenship may encounter fewer problems than those who actively sought it out. This must be demonstrated with proof of income and proof of consular fees to be paid in case of renunciation, specific to the applicant's own case or with general specifications of such consular fees for every national of that country. An important legal case focusing on Dutch dual nationality laws could be a breakthrough for people hoping for change in the current restrictive Dutch approach to having more than one passport. Despite the existence of four countries in the Kingdom of the Netherlands, only one category of citizen is distinguished in Dutch nationality law (Nederlandse burgers). According to Justice Minister Mark Harbers, the plan is to widen the Netherlands’ criteria for dual nationality. For example, a treaty between the U.S. and New Zealand overrides the income tax laws of each country to avoid double taxation. [34], The consequences of the UK’s departure from the EU (Brexit) will impact Dutch nationals in the UK and British nationals in the Netherlands. Children born in the Netherlands to two foreign parents do not acquire Dutch citizenship at birth, unless special criteria are met. This must normally be proven by taking a naturalisation test. Dutch nationality law is based primarily on the principle of jus sanguinis and is governed by the Kingdom Act on the Netherlands nationality (Dutch: Rijkswet op het Nederlanderschap), which was signed by the monarch on 19 December 1984 and officially promulgated on 27 December 1984. When you apply for NZ citizenship. 268) did not permit children to obtain Dutch nationality through descent from a Dutch mother (through matrilineal descent) and a non-Dutch father. Individuals with dual citizenship can receive the privileges and benefits offered by both countries, and this includes voting in both states and even holding public offices in some countries. Radio Nederland Wereldomroep, https://en.wikipedia.org/w/index.php?title=Dutch_nationality_law&oldid=998827817, Articles with dead external links from October 2010, Articles with dead external links from September 2017, Articles with permanently dead external links, Pages using collapsible list with both background and text-align in titlestyle, Creative Commons Attribution-ShareAlike License. In the five years preceding the application, the applicant has not been given any custodial sentence, training order, community service order or high monetary penalty. [23][24] Before 10 July 2009, these exemptions did not apply to getting the Luxembourgeois nationality. You can learn more about the standards we follow in producing accurate, unbiased content in our. Benefits of Dual Citizenship. [1], In 2004, a number of these children of Dutch mothers and non-Dutch fathers (so-called "latent Dutch" or "latente Nederlanders") began to organise themselves in the hope of persuading the Dutch government that Article 27 of Rijkswet op het Nederlanderschap condones the discrimination against women enshrined in the earlier Dutch Nationality Law (before its 1985 revision), and it should therefore be revoked. Those aged sixteen and seventeen will only be naturalised if they give their active consent while those aged twelve through fifteen inclusive are given a chance to object. Loans do not count as income. Dual Citizenship Belgium Allowed. This will be extended to the people who train in terrorist camps or work in them as instructors. To apply for permanent residency, most individuals file form 1-485, Application to Register Permanent Residence or Adjust Status. To apply for naturalization, most individuals file form N-400, the application for naturalization. where renunciation of the applicant's existing nationality would cause "serious financial losses" (for example, inheritance rights). Dual citizenship offers individuals the opportunity to learn about the history of both countries, learn two (or more) languages, and experience a different way of life. Is 100% certain of their identity 4. Where the person is not resident in the Kingdom of the Netherlands, the person must have lost Dutch citizenship after reaching the age of majority and through the acquisition of another citizenship. It also guarantees the individual in possession of two passports the right of entry to both the U.S. and New Zealand; this can be especially beneficial if you have family to visit in both countries, or if you are a student or a businessperson that either studies or conducts affairs in both countries. A resident alien is a foreign born, non-U.S. citizen who is currently residing in the United States. Not all countries allow their citizens to hold dual citizenship. a minor who, as a result of a Court decision or by law at the time of his or her birth, is under the joint custody of a non-Dutch parent and another person who is a Dutch national and who, since the start of this custody, has been cared for and brought up by this Dutch national for a period of at least three years during which the child has had his or her principal place of residence in the Netherlands. They are also allowed to work in either country without needing a work permit or visa and can attend school in either country at the tuition rate offered to citizens (versus the international tuition rate). Therefore, a British national would not be entitled to the right of dual citizenship if he/she has not gained naturalisation in Germany by the withdrawal deadline of March 30th, 2019 in the case of a no-deal, or by the end of the transition period in the case of a Brexit deal. This exemption was put in place on 1 February 2001. Jus soli is the right of anyone born in the territory of a state to nationality or citizenship of that state. [10] Latent Dutch now have the opportunity to receive Dutch nationality by option. The Dutch Citizenship Act is complicated; whether and how you may acquire Dutch nationality is different in each individual case. Personally, I’m strongly against dual and multiple citizenship. These exemptions do not hold for Austrian, Danish and Norwegian nationals, since these countries (together with the Netherlands) are parties to the Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (see Chapter I, art. Countries like Saudi Arabia, India, Austria, and Singapore can disallow dual citizenships, which leads to an automatic loss of domestic citizenship when a new one is obtained. [13] The conditions of eligibility through the 'option procedure' differ somewhat from those described above. This status includes the right to work in the U.S., although permanent residents continue to hold citizenship in another country. Applying for dual citizenship is a complicated and typically expensive process that may require the assistance of an immigration lawyer. This must be demonstrated in each case. This is called the renunciation requirement. where, in order to give up the applicant's current nationality, the applicant must pay a large sum of money to the authorities in his or her country. Note: this is true in respect to marriage, partnership or cohabitation if and only if in the last three years the applicant has continually lived together with the partner inside the Netherlands. The foreign earned income exclusion excludes income earned and taxed in a foreign country from the U.S taxable income of American expats. Dual citizenship is allowed in the following limited circumstances: those who obtained dual citizenship at birth; those who acquire Dutch citizenship through the option procedure (see below); those who acquire Dutch citizenship through naturalization who obtain an exemption from the requirement to renounce the prior citizenship (see naturalization); "Naturalization for Spouses of U.S. Accessed Oct. 15, 2019. [23][24] In a similar way, this was also the case for Luxembourgish nationals until 10 July 2009.[23][24]. where the applicant cannot be expected to contact the authorities in the country of which they are a national. However, a potential drawback is the possibility of double taxation. Dual citizenship … Netherlands nationality was only passed through patrilineal (father) descent. Those who were issued a Dutch passport or proof of Dutch citizenship on or after 1 January 1990 are deemed never to have lost Dutch citizenship. An expatriate is somebody who leaves their country of origin to live or work. the five-year term is reduced to a two-year term if the applicant has legally lived in the Netherlands, Aruba, Curaçao, or Sint Maarten for a period of ten years, the last two of which uninterruptedly. In the last case, the child gets Dutch nationality retroactively since the child's birth. This is 4,000 fewer than in 2003 and half the number in 2002. Prior to that date Dutch nationality law (Wet op het Nederlanderschap en het ingezetenenschap (commonly abbreviated as WNI, 12 December 1892, Stb. These exemptions do not apply in the case of acquisition of Austrian, Norwegian or Danish citizenship. The general requirements for naturalisation include: 1. An application for Dutch citizenship by naturalisation must meet all the conditions below: Since 1 March 2009, anyone who requests naturalization must take an oath promising adherence to the values of the Dutch state: "I swear (declare) that I respect the constitutional order of the Kingdom of the Netherlands, its freedoms and its rights, and I swear (promise) to faithfully fulfil the obligations due to my nationality. For example, if you are a U.S. citizen and also a citizen of New Zealand, you can travel more easily between these two countries. If the person has cohabited in the Netherlands with a Dutch man or Dutch woman (both partners unmarried) for an uninterrupted period of three years, an application may also be submitted. All five conditions must be met. The dual citizenship in the Netherlands is not permitted and it is good to know that persons who own foreign citizenship and live abroad for more than ten years can lose the Dutch right of abode. if before turning 18, the person has had a principal residence in the country of the other nationality for an uninterrupted period of five years; if the person is married to a living person who possesses the nationality that the former person wishes to acquire. 628) permits children of either a Dutch father or mother to receive Dutch nationality by descent. Which Countries Allow Dual Citizenship with the USA? Some are explicit; some are … Depending on your career path, dual citizenship can be a disadvantage. Reply Henry Mercado on January 20, 2019 at 5:22 pm Citizenship will automatically lose Dutch citizenship. [2]. It does not matter whether you were born in the Netherlands or abroad. Sufficiently integrated in Dutch society and are able to read, write, speak and understand Dutch. 1, paragraph 1). Citizenship and Immigration Services. Citizens." If you have more than one nationality, it is not always clear what yourrights are. The QNI considers in addition to travel freedom on internal factors such as peace & stability, economic strength, human development as well. a minor who is acknowledged by a Dutch national who has been cared for and brought up by this Dutch national for an uninterrupted period of at least three years. not a study permit, orientation year permit or au-pair permit) and continues to meet its requirements. This can deter some people from pursuing dual citizenship. [7] In June 2010, the Dutch Upper House approved the legislation. If this is the case, the person can submit an application for naturalisation after three years of marriage or registered partnership and cohabitation. Law on introducing the declaration of allegiance and for adapting the rule of obtaining the Netherlands nationality after recognition, 27 June 2008, Art. As a dual citizen, you are allowed to carry passports from both countries. Latente Nederlanders wachten op hun paspoort. They are not problems of the Dutch state, and all that the Dutch laws say in this respect is that such Dutch nationals with dual nationality are allowed to renounce to their Dutch nationality. Saskia heeft Nederlandse moeder, maar moet land uit. The naturalisation procedure has several requirements and can take up to 12 months to be processed. Because dual citizenship is complex and the rules and laws regarding citizenship vary between different countries, it may be in your best interest to consult with qualified experts–including accountants and lawyers–about certain purchases or decisions related to employment and your finances. Applicant must be 18 years of age 2. Having dual citizenship is an incredibly powerful tool. applicant was born before 1 January 1985; father was not a Dutch national when the applicant was born; applicant did not obtain Dutch nationality between 1 January 1985 and 31 December 1987 through the option procedure and then subsequently lost that Dutch nationality; and, Holder of a permanent resident permit or a valid residence permit with a non-temporary reason of stay (notably family formation or reunion. There are a number of exceptions to this rule. IRS Publication 519 or the U.S. Tax Guide For Aliens is an IRS document that details tax procedures for individuals who are not citizens of the U.S. Staatscourant, published 30 June 2010, Sections 6.1.i through 6.1.o, Besluit verkrijging en verlies Nederlanderschap, "Search on States and International Organisations", http://eudo-citizenship.eu/NationalDB/docs/NL%20Netherlands%20Nationality%20Act%20as%20of%201%20January%201985%20(refworld,%20English).pdf, "Dutch government outlines plans to tackle jihadis, radicalisation - DutchNews.nl", Treaty on the Functioning of the European Union, Rights abroad: Right to consular protection, "Treaty on the Function of the European Union (consolidated version)", https://www.dutchnews.nl/news/2018/04/brexit-and-dual-nationality-centre-stage-as-campaigners-meet-dutch-mps/, Dutch Nationality, Embassy of the Netherlands, Ottawa, Obtaining Dutch Nationality, Dutch Immigration and Nationality Directorate, The steep and thorny way to Naturalisation Day, Who Gets to Be Dutch? Applicants for Dutch citizenship through the option procedure are not required by Dutch law to renounce any foreign citizenship they might hold. A child born out of a parent with Dutch Citizenship and a parent with U.S. (Or US and Dutch) citizenship will have both Dutch and US citizenship. However, if their home country permits dual citizenship, this individual will be a citizen of both the U.S. and their home country. (US law, for its part, largely does not care about dual citizenship with non-enemy states like the Netherlands, but to be absolutely certain, one should always consult an attorney specialized in US citizenship law to be sure that acquisition of Dutch citizenship will not incur the loss of US citizenship.) By John Tyler, Radio Netherlands Worldwide, Hoe bepaal je of je een latente Nederlander bent? where the original nationality is automatically lost upon naturalisation as a Dutch national. [27] They are strictly Japanese or South Korean internal affairs and have to be solved by Japanese or South Korean citizens themselves, according to the laws of their own country. By descent or automatic acquisition of Dutch nationality, Exemptions to the requirement to renounce foreign citizenship. It can make traveling and living abroad considerably easier, and it may prove to be more important than ever in a post-coronavirus world. A peculiar case of "serious financial losses" is in the case where renunciation of the applicant's existing nationality would cost too much in respect to income. U.S. [26] That was particularly helpful prior to 1985, when the age of majority was 21. In 2005, several Dutch lawyers[2] agreed to take on the case and formalised the group into “Stichting Ne(e)derlanderschap Ja!”. Accessed Oct. 15, 2019. Dual Citizenship in the Netherlands. 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