The Dutch nationality law is going to change. “Yipeee!” I hear…. But hold your horses. These are only small changes. When? On April fools day, 01 April 2022. What? For dual nationals effectively only one thing will change. The current 10-Year Clock version 3 will morph into a new 13-Year Clock version 1. The only change in that is that now you won’t be at risk of losing your Dutch nationality after 10 years, but after an unlucky 13 years. (Clock versions info here). At least this ensures that if your passport is expired for one day, you won’t immediately lose your nationality. As happened to some during Covid-19 closures and delays. That was the government’s thinking behind this change. Fair enough.

Is that all? Effectively yes. Well, there is more afoot. There is another proposal to change the law for those who are in the Netherlands and stateless. When this may become law is at the time of writing not known but it is expected to be this year, either before 01 April or after. For those who are stateless in the Netherlands, check with your lawyer what that means for you.

The 01 April change also includes a codification of something that is already possible. Namely, the possibility to retrospectively get your Dutch nationality back if you can evidence that the loss at the time impacted on your using your EU rights (EU Freedom of Movement), or had real plans of using them. This is assessed and used through a so called proportionality test and is/was already possible following the Tjebbes court verdict in 2019. In fact, if you are considering this route then I would suggest before the 01 April codification is a good time, maybe even slightly better. Our current clients using this route already (having applied already) should as far as we are aware not be affected by this codification into law. This will become another Option, Article 6 paragraph 1p or 1q (depending on another possible earlier change).

We had hoped that the politicians would have listened to us, interest groups, non-profit orgs, as well as the Dutch permanent Commission for Justice and Security, and Dutch Council of State, and made this possible for anyone who lost their Dutch nationality, irrespective of their EU rights. However, the proposal was very limited and is now becoming law. Don’t get me wrong, it is a small step in the right direction.

Is that it? Not really. Dual nationals can still become victim of automatic loss. If not through the secondary method of the 10/13-Year Clock then through the primary method when they are getting another nationality. Also here many lose their nationality without realising this. Note, there are a few limited possible exceptions. This also means that the pressure stays on the government to create systems/laws which inform and safeguard those at risk (possible at minimal investment), and ultimately allow dual nationality as the rest of Europe and modern states already do. With the court verdicts, advise of the Council of State and political pressure by some political parties we already see that the government is (perhaps begrudgingly) giving somewhat in. In the recent government coalition agreement it was announced that the law may change again and the 10/13-Year Clock may be abolished. However, it is too early to count on this mere announcement of intention. So, Dutch dual nationals (or those aspiring) and their family and friends should stay vocal to ensure politicians will follow up and actually deliver.

Interesting times…. will this be a slow start of really modernising Dutch nationality law, allowing dual nationality? Or will we keep making these forced small changes creating even more complexity and confusion?

Kris von Habsburg
Specialist Dutch Nationality Lawyer (jurist)
Habsburg Legal Services Ltd