Old Netherlanders (Oud-Nederlander) is the official term for former Dutch nationals, young and old. It has happened to many, unfortunately often unconsciously, Dutch nationals who automatically lost their Dutch nationality through voluntary acquisition of another nationality or through long-term residence abroad. A bright spot is that, since 01 April 2022, these former Dutch citizens can submit a new Option at a Dutch embassy or consulate in order to regain Dutch nationality.
You would say that is cause for celebration, were it not for the fact that regaining Dutch citizenship is not as simple as one might think. This new and additional option procedure is only possible for those who can prove that at the time of the loss this would have had disproportionate consequences for their European Union citizenship (EU citizen rights).
This option procedure is determined by the so-called proportionality test and is accompanied by the submission of a lot of evidence and documents. For people who lost Dutch citizenship many years ago, it is extra difficult or sometimes even impossible to be able to provide this proof.
The proportionality test already existed before 01 April 2022 and was then applied through a passport or Dutch nationality certificate application. This stemmed from the Tjebbes court ruling. But the government now states that this is no longer possible with a passport application. It still will have to be legally tested whether this is not in conflict with the legal rulings in this regard. In addition, as of 01 April there are other new requirements added to the process.
Why make it easy when it can be difficult!
Instead of keeping the process simple and proportionate, it seems like it just gets more cumbersome. The whole process was already slow and inefficient. For example, previously after sending all the papers to the Ministry of Foreign Affairs (BZ) you would be lucky if the file ended up somewhere on a desk of the IND (The Immigration and Naturalization Service) after 4 months or even a year. After which the IND gave their advice to BZ.
Now, after more than a year of preparation, the proportionality test via the option procedure has been incorporated into the Dutch nationality law. We would expect the whole process to be improved. Recent examples indicate that BZ is still not yet prepared well internally. The fact that the new process is not yet well known is also apparent from the fact that the BZ website states that it is not possible to start an option procedure in every country.
If your country is not listed, the website says you should contact the ministry instead of the embassy. This can sometimes result in incorrect advice. Not only that, the embassies are also only too happy to refer to each other, from pillar to post. This makes it almost impossible to make an appointment to submit your option paperwork. When you call, you naturally trust the advice that is given to you. But how correct is that advice really?
Incorrect information
For example, people are incorrectly told that they can only do the proportionality test with a passport application. That is the old procedure from before 01 April and a forgivable mistake. But also that if you still have a valid Dutch passport and you don’t say anything, the government wouldn’t know anything. However well-intentioned, this can only cause problems for the person concerned.
The worst example is advice to quickly give up the other nationality and later renew the Dutch passport. That would effectively render the person stateless. That is even dangerous advice, and this comes from our Consular employees at BZ, unbelievable!
A connection with the Netherlands is unimportant
Strangely enough, the fact that many of these former Dutch nationals still have a strong bond with the Netherlands and that parents and/or (grand)children still live there is irrelevant for the proportionality test. This test is only about your (lost) EU rights.
When the State Secretary for Justice and Security, Ankie Broekers-Knol, implement the Tjebbes ruling and the proportionality test into the law, this was limited to only the EU ruling. She did not want to consider the many other cases of people who expressed their connection with the Netherlands. Those people equally lost their nationality disproportionately. Even the Dutch Council of State and the permanent Commission for Justice and Security advised Mrs. Broekers-Knol not to exclude other former Dutch nationals. Unfortunately, the change in law came through as it is now.
After that, the current government stated in the 2021 coalition agreement;
“The Netherlands Nationality Act leads to undesirable problems in some situations. We are reviewing the automaticity whereby Dutch people with multiple nationalities outside the EU territory (after ten years) lose their Dutch citizenship and make it easier for them to retain Dutch citizenship alongside their other nationality or, for those who lost it after 1 April 2003, to regain the nationality.”
Unfortunately, since then it has been quiet. We have not yet seen a proposal to amend the law.
Legal battle to regain Dutch nationality
We and the Stichting GOED (an interest groups such as Nederlanders in den Vreemde, and SNBN for Dutch people abroad) finds it shocking that former Dutch people still have to struggle to regain their Dutch nationality. Which not only leaves an emotional mark, but also puts people at high costs. Only some manage to be ‘official’ Dutch again.
An example is Danno who lives in the US, he lost his Dutch citizenship in 2016. He found this out when he wanted to renew his passport. European Union citizenship is important to Danno, because he wanted to, and wants to, work and live in the EU as a mountain ranger. He has been trying to regain his Dutch nationality since 2017. The legal costs meanwhile amount to more than 10,000 euros (because of the lawsuits conducted elsewhere)
He himself calls it the ‘passport-taking terror’ and wonders what the Dutch government is so afraid of. He is not a danger to the Netherlands or the European Union, but simply wants to ensure the rights that should be due to him by virtue of his birth. He has been stripped of his status as an EU citizen and with it, among other things, the right to travel and reside freely in the EU.
We, and all interest groups, regularly receive similar stories from other former Dutch nationals. And of course not only with regard to the EU, but also with people who still have ties with the Netherlands.
Former Dutch nationals want nothing more than to simply be Dutch again
We therefore plead for a general pardon for all those former Dutch nationals (oud-Nederlanders) who would love to be Dutch again. Without having to fight a legal battle for this. And not only per the so-called 10-Year Clock 3rd version (01 April 2003) but per, the already problematic 10-Year Clock 2nd version, so as of 01 January 1985. And also for those who have since lost their nationality through a foreign naturalization. So for loss by RWN Art 15 paragraph a and c (currently 1a and 1c) since 01 January 1985 we request for former Dutch nationals a pardon and restitution of their nationality.
Authors: Antonietta Sgherzi and Kris von Habsburg
