My reflections as a nationality lawyer.

The DUTCH government has resigned 03 June 2025 and is in caretaker status. This will be the case until a new government has formed after the upcoming elections. That doesn’t mean laws can’t meanwhile be pushed through and passed. There are risks! As such, the proposal to change the Dutch nationality law to only allow regular immigrants to apply for NATURALISATION AFTER 10 YEARS is going towards its next step. Over the next few days or weeks we expect the publication of an online consultation where everyone can give their opinion about this change of law.

I suggest that individuals sign up with representative organisations who will react to the consultation on their behalf, unless you can’t find any. Let them mention the amount of responses. Let the reasons against this change not only be emotional, but also show the science why not to do this. Why does this change not benefit the country? With the elections there is a big opportunity to try to halt this change in law. If enough people will vote for GroenLinks-PvdA then this change may be halted. But the timing is close and it could be pushed through. So, tell your friends and family who can vote, to vote for the one party that can make a difference and has the right attitude.

DUTCH ELECTIONS and DUTCH NATIONALS ABROAD.
Elections are held 29 October. These elections also affect Dutch nationals who live in other countries. From decreased consular services, the ongoing unlawful delays in passport issuing, closing of embassies, to the loss and lack of repair possibilities of Dutch nationality, AOW/pension rights, and many more subjects including care of those who you (temporarily) left behind in the Netherlands. So, go and VOTE. Again, the one political party that can make a difference here, and has the right intentions, is GroenLinks-PvdA. Let us ask for a nationality law that protects us from automatic loss. Since the 2015/16 report of the Nationale ombudsman not much has changed. People still lose their Dutch nationality without realising it, without being warned, and still too often due to the misinformation by officials.

The law is too complex, let’s simplify it and make it more in line with recommended proportionality principles we are supposed to have. Maybe even go the route as countries like Argentina or South Africa where the CONSTITUTION protects against automatic loss of nationality. To do that, you need to vote for the right (correct) parties. In this case GroenLinks-PvdA. Parties like D66 also mean well, but in the past have not followed up, likely because they are not big enough. So, vote strategically for GroenLinks if you care about this. Loss of nationality also means a very reduced access to your country of origin and family. Too late to vote, ask your family/friends to vote wisely.

DUTCH IN THE USA
More and more Dutch nationals in the USA see the Trump ideology and are worried about their rights. They want to secure this through US Nationality/Citizenship but do not want to automatically lose their Dutch nationality. While there are exceptions in Dutch law, this only covers a select few. While there are legal creative pathways to dual nationality/citizenship this is for many not easy. The next US president would do well to secure US citizenship rights in the constitution, because Trump apparently wants to strip some citizens with a migrant history of their citizenship. The Netherlands could recognise the injustice and risks of the situation and allow for dual nationality/citizenship (for all, or for the US and UK).

MYANMAR.
The dictatorship apparently listened to Trump’s ideas and has not just started trade barriers making life only affordable for the regime, it also has started stripping opposition members (supporting) the NUG Myanmar (National Unity Government of Myanmar) in exile of their passports and nationality/citizenships. The dictatorship is legally stripping it’s citizens of their nationality but as an act of war.

Again, the NUG would do well to rewrite it’s nationality law and protect nationality in the constitution. I am happy to assist with that due time. Anyway, a showcase what dictators can legally do with their undesirables if the law is not strengthened. A lesson for the rest of the world.

The DUTCH IN THE UK
The UK now has a political party which basically suggests to the voters the willingness and intentions to deport (all) immigrants. The current labour government has been appeasing the right voters almost as much as the previous conservatives. Again, vote wisely next time. For the Dutch government it is a consideration that Dutch nationals in the UK are also left in a disproportionate position. Previously, with respect to Brexit, a law to protect their Dutch nationality when becoming British, was sabotaged by the Dutch government. The law had no effect. Now, years after Brexit people are again afraid and looking to become British to secure their rights.

SOUTH AFRICA THE BEACON OF LIGHT
South Africa is a country with lots of issues, some terrible ones. However, here it is suddenly a beacon of light. The constitutional court of South Africa decided in May this year that the automatic loss provision in its law (very similar to the Dutch one) was unconstitutional. South Africans in The Netherlands!! are delighted but still struggling with the Dutch law which only allows dual nationality by practically only 1 exception (the other ones mostly rejected). Granted, it took decades for South Africa to recognise that it’s nationality law was unconstitutional. But at least it had a constitution that protected against automatic loss.

OPINION
The Netherlands with its Argentinian-Dutch Queen Maxima does not have constitutional protections. In Argentine itself the state can not revoke anyone of its nationality. Of course, citizens/nationals have responsibilities to a country, but the other way around as well. The country should protect all its citizens/nationals. Revoking someone’s nationality out of discriminatory, dictatorship, or outdated feudal/tribal reasons is just wrong. And deep inside most politicians know this. However, when economies are troubling, the world is close to war, then tribal instincts kick in. Me, me me, us, us, us… not you!

Is that the kind of society we want? Where we kick our own out because of their bonds and relationships across borders? Separate them from their mother country, from their family? Migration is no longer as in the 50’s a permanent departure, the world is mobile, people are international. Protect the people from loss of nationality. Of course, those people can instigate such a change by being vocal, convince others, and vote!

Personal views written by Kris von Habsburg
Specialist Dutch Nationality Lawyer (jurist)