The Netherlands

Dutch nationality work is the largest part of our practice. The routes we are asked about most often are set out below, each with what it involves and how to begin. If you are not sure which of them applies to you, that is the usual starting point rather than a gap in your preparation — tell us your situation and we will tell you which door you are standing at.

On this page

• Naturalisation
• Retrospective return of Dutch nationality — the Tjebbes route
• Former Dutch national returning to the Netherlands

On the following pages you can read how we can help you with regard to your (former) Dutch nationality and/or passport. Not everything is on the website, so always good to ask.

Applying for a Dutch passport!?
That can’t be that hard, can it? You would think so. And in most situations it is easy, even though a bit bureaucratic. But sometimes there are people who have led an adventurous or international life and are surprised by questions about evidence that is difficult or impossible to obtain. Maybe it is difficult to prove that you are still Dutch? Yes, spending time abroad can present various challenges. Sometimes this can be resolved with additional evidence, sometimes with legal reasoning. Be careful, sometimes the officials ask you questions whose answers may result in them (incorrectly) concluding you are no longer Dutch, with all the practical challenges coming from that. Having dual nationality is most often the cause of challenges, but sometimes the person is only Dutch but can’t evidence this.

For those who apply for their first Dutch passport later in life, teenager or adult, there may be additional (evidence) challenges.

For those born before 1985 or whose Dutch father was not married to the mother, there may be other or additional challenges where your Dutch nationality could be questioned.

With all of the above we can assist you through this process. Either preventative, helping preparing a passport application, or by addressing issues (difficult questions or rejections). Watch out for deadlines. The officials normally want an answer to questions within 14 days, and if it is a rejection you have 6 weeks to object. And of course, we can help prepare your objection. If we conclude that the officials were right (in our experience often they are not) and you are no longer Dutch then we can discuss other solutions.

Prevent loss of Dutch nationality, or regain Dutch nationality.
You may not want to lose your nationality when taking on another nationality. How can you prevent this? Can you legally manipulate your situation in such a way that you remain a Dutch citizen, or quickly regain your nationality?

Please note, you can lose your Dutch nationality in several ways. The most common are in two ways:

• A) When acquiring another nationality, unless you meet one of the exceptions.
• B) Later still by the so-called 10-/13-Year Clock, despite an earlier/initial exception.

Each person has a unique situation. Because people were born on different dates, moved, married, got a different nationality, lived somewhere else, had a different employer, etc., this can all work out differently. It is possible that one sibling has lost nationality and the other has not. This may also provide other opportunities for regaining the Dutch nationality. There are several possibilities that can differ from person to person. It is therefore important to thoroughly discuss your situation and background in order to find answers and solutions.

Surprised by the Dutch embassy or government, passport taken away?
p.s. As said, at times the government is wrong and someone is still Dutch. But if the Clock is ticking, an earlier wrong conclusion can still become true. Even though this is outside your own doing and the fault of officials, the law is still in effect and thus we have to review how to repair. Where we can evidence that the officials were wrong, they can assist in a route to repair. But they are not often willing to accept their faults and responsibilities so (written) evidence is key.

Want to become Dutch? Naturalisation or Option?
What an excellent idea. There are so many ways but this is normally grouped into Naturalisation and Option. Option alone currently has 20 sub-groups and people often incorrectly think it is all the same. Also for naturalisation there are a few different routes. Using the word option would be confusing here, so we prefer to talk about routes. For example, a foreigner can apply for naturalisation in or outside the Netherlands. Naturalisation outside the Netherlands is heavily restricted. The most common one is after 3 years of marriage and cohabitation with a Dutch national. For some it can get complex. We can help you and make sure you have the correct application and documentation (evidence) in this very bureaucratic and sometimes complex process. And we can of course plan your route (A and/or B and C) in advance. We can see what practically works best for you.

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Naturalisation

We will interview you to check if you qualify or can use special exemptions (to keep your current nationality/citizenship) and will work with you and advise you on how to apply for Dutch naturalisation. In most cases naturalisation can only be done after a period of residency in the Netherlands. However, for those married to a Dutch person, or those who are former Dutch nationals, it may also possible when resident abroad.

Please note that the Netherlands IND has reasonable public information and support on naturalisation. In most cases legal advise or support is not really needed and you can do this yourself. We are here to support those who want to naturalise but maybe have a less than usual situation, or those who just need that little bit of extra help. Or of course those who just want peace of mind and like to outsource the thinking and organising to a lawyer.

Dutch Naturalisation while resident outside of the Netherlands.

• This is only possible if you are not resident in the country of your current nationality/nationalities.
• Possible for those who have been married (or have a recognised Registered Partnership) and have been cohabiting for the last 3 years.
• Possible for those who have been Dutch before (although for those there are probably better routes than naturalisation).

Dutch Naturalisation when resident in the Netherlands.

• This is the most common naturalisation route which has slight different requirements depending on your situation/background. We won’t go into the multitude of possibilities here and will discuss this with you.
• Proving and documenting your nationality
• Passport, identity card or certificate

The Dutch nationality law expects and requires you to renounce your current nationality/nationalities upon naturalisation. However, there are some exceptions to this requirement. So if you want to keep your current nationality this may be possible for some.

We estimate that for straightforward cases this will take us just 4 to 6 hours and for more challenging and complex cases this may take 7 to 12 hours. We start an initial consult and assessment where we will give you a better idea on what to expect. You can then make an informed decision if you want to go ahead with us, or not. Contact us here:

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Retrospective return of Dutch nationality — the Tjebbes route

Kris as Dutch nationality expert will interview you and will work with you and advise you on how to collect evidence with respect to your loss of Dutch nationality and your ties with the European Union at the time of loss. We will advise you on how to apply for the current proportionality test. Rectification following the Tjebbes verdict and the current “Proportionality Test” by the Dutch authorities will mean you get the Dutch nationality back retrospectively, as if you never lost it. You do not need to be in the Netherlands to apply for the test. This test is done through the Ministry of Foreign Affairs and doesn’t involve (expensive) court procedures, unless your test failed. This is one of the cheapest and practical easiest methods to get your nationality back.

This possibility can already be used but will be formally codified into law as of 01 April 2022. If you do not fully comply with the below criteria then there are alternative routes which we can discuss.

Main Criteria:

1. You lost your Dutch nationality due to the so called 10-Year Clock, Dutch nationality law (RWN) Art 15 paragraph 1c (or previous RWN Art 15 paragraph c),
   OR
   Because you voluntarily acquired another nationality without belonging to an exception by which you could have stayed Dutch. Dutch nationality law (RWN) Art 15 paragraph 1a.
2. You lost your Dutch nationality after 01 Nov 1993 (EU Treaty of Maastricht).
3. You do not have the nationality of another EU country.
4. At  or around the time of loss of your Dutch nationality you were making use of your EU treaty rights (Freedom of Movement), OR were really planning to do so and can evidence this.

It is the last requirement number 4 why it can be good to have legal advice/assistance. Without the right and proper evidence of point 4 the application may fail. It is our experience that when we start discussing this with a client we may find some unexpected surprises which can have a positive outcome. Also, sometimes people do think they comply but the application fails due a lack of proper evidence, or their misunderstanding and indeed not complying. It is not your (family) bonds to the Netherlands you need to proof, but you having used your European Union rights.

For straightforward cases this will take us just 2 to 4 hours and for more challenging and complex cases this may take 5 to 10 hours. Very few will be up to 20 hours. We start with the initial consult and assessment where we will give you a better idea on what to expect. You can contact Kris here:

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Former Dutch national returning to the Netherlands

Kris as Dutch nationality specialist will interview you and will work with you and advise you on how to collect evidence with respect to your earlier Dutch nationality and loss of nationality. This will allow you to get a visa to return to the Netherlands. Unless our investigation opens other possibilities, we help you prepare to make use of the one and only article in Dutch law allowing any and all former Dutch nationals to regain their nationality. Irrespective if they were only 1 day Dutch, they have a right to regain their nationality. Well,.. terrorists 😡 or those who for example lied at their naturalisation are excluded.

The benefit of this route is that you are allowed to keep your other nationality/nationalities. Once resident for a year the process to regain your Dutch nationality takes about three months, make it all together 18 months for good measure. While resident in the Netherlands you are allowed to travel freely but to maintain residency you should be the majority of the year in the country. If you are concerned about that please get in touch to discuss.

Criteria: One year of permanent residency in the European part of the Netherlands, Aruba, Curaçao, Sint Maarten or the public entities Bonaire, Sint Eustatius and Saba.

This means that because of immigration requirements, for some living a year in the Netherlands is easy while for others it can be difficult.

Former Dutch nationals who were born and raised in the Netherlands have the possibility to get a return visa. Evidence is key. Former Dutch nationals who were born or raised outside the Netherlands can only in limited circumstances get the return visa.

If you have an EU/EEA nationality, immigration is much easier if you can exercise your rights of free movement. There are also more options if you have a partner or family member with the nationality of an EU country. We can advise you on this.

If you have the Australian, New Zealand, Canadian, Japanese, Monaco, Vatican City, US, or South Korean nationality then you don’t need an advance visa to travel into the country and can apply for residency when in the Netherlands. However, getting into the country is only half the job, as getting residency can depend on where you were born, raised and if you can financially support yourself etc.

If you have another nationality then you need to apply from abroad and immigration requirements can be more strict.

However, where there is a will there is a way and we can support you in overcoming Dutch immigration challenges. Remember, there may be other ways to get your Dutch nationality back.

We estimate that for straightforward cases this will take us just 2 to 3 hours and for more challenging and complex cases this may take 4 to 10 hours. A few have taken up to 20 hours. Contact us below to ask for a consult to discuss your situation and ask each other questions.

Where requested we can, amongst others, assist with finding accommodation, prepare and assist with relocation formalities, etc. Relocation services are of course cheaper than lawyer services and assistance.

You can contact Kris here:

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Proving and documenting your nationality

Habsburg & Kuijk Legal Services’ founder, Kris, is a well known Dutch nationality expert who will interview you. He will work with you and advise you on how to collect evidence with respect to your (former) Dutch nationality, or that of your (grand) parents, children, etc. With this evidence we investigate the legal status of concerned individuals. When we conclude the investigation we can issue you our Dutch nationality statement.

Our Dutch nationality statement will explain your (family member’s) nationality status, rights and and on which legal basis our conclusions are made. As such our Dutch nationality statement can be used to legally reason and evidence your nationality status to the Dutch authorities. This is a legal finding issued by us and not the government. This is not the same as a government Dutch Nationality Certificate. Consequently this, together with the supporting evidence, can be used as part of:

• Application for a Dutch passport, ID card or official Dutch Nationality Certificate.
• Object to the rejection of a Dutch passport application if the government is wrong. Maybe their real mistake, or because the rejection was based on incomplete information, (both happen a lot).
• Application to regain Dutch nationality via one of the Option possibilities (yes, there are several).
• Application for restoration of Dutch nationality on the basis of the Tjebbes decision / proportionality test. From 01 Apr 2022 this became one more extra Option possibility in law.
• Application for Dutch naturalization (as a former Dutch citizen).
• Proof of nationality for study/work in the Netherlands. Usually the statement itself is insufficient because a valid passport or ID card is required for this.
• Proof of nationality with a view to returning/living/registering in the Netherlands.
• Proof of nationality status (NL or not) with regard to other countries their authorities requests, including foreign naturalizations, or with regard to pension, etc.

The nationality statement is created for each individual family member you ask us to clarify. To get to a result the investigation may require such statements to include details on (grand)parents.

In general we expect the Dutch nationality statement to take anything from 1 to 3 hours. In complex situations or for multiple individuals this may require more time. The more family members or if there are issues collecting the evidence the more time it may take. You can set a time limit/budget or we can discuss that during the first consultation.

Need further help? If the goal is to regain Dutch nationality, we can proactively support you in this. It is also possible that you were never Dutch from birth because of discrimination based on your mother’s gender prior to 1985. Or you have voluntarily (consciously) given up your Dutch nationality, but you now want it back. Or you were not aware of the legislation and became the unintended victim of one of the so-called Clocks. Whatever your background and reason, we can work with you to plan all aspects to get you (back) your Dutch nationality.

For those who are about to adopt a different nationality without being an exception, we can check whether there is something you can do to ensure that you remain a Dutch citizen or to regain the nationality a little more easily later on. Anyway, get in touch, contact form below, but first some testimonials.

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Passport, identity card or certificate of Dutch nationality

We will help you prepare the Dutch passport (or ID card or Nationality Certificate) application form and advise you on which documents and evidence to collect and submit with the passport application. Where requested we can also help making passport application appointments on your behalf.

We can not offer same day or urgent delivery for this service. Ensure you are on time and contact us well in advance of any expiry date, deadline or passport application appointment. Please be aware that the person is required to attend the passport application appointment in person, including children. For high complex and challenging situations where a person has difficulty proving his/her nationality, or also has another nationality, this may not be the right service for you and we advise you to consider our Dutch Nationality Investigation and Statement service.

In general we expect this work to take us about one to three hours. Where we find medium to highly complex situations, or for multiple individuals, we may require more time. We ask for a deposit of one hour, or more where the work calls for it. The first hour is always charged in full. After that first hour your time is counted per minute, rounded down. All our rates are published in full on our fees page. Contact us here: