Naturalization – becoming a Dutch citizen?
You have been living and working in the Netherlands for a number of years and have created a solid foundation that you do not want to part with. You want to exchange your original nationality for the Dutch nationality. Below we will describe the various conditions that you must meet in order to be eligible for Dutch nationality.
There are three ways to become a Dutch citizen:
Becoming a Dutch citizen by operation of law:
You become a Dutch person by operation of law by birth or recognition. For example, a child of a Dutch mother is automatically also a Dutch person. If the father is Dutch, but is not married to the mother of the child, he must first acknowledge the child. In any case, this must be done before the child is 7 years old. If the child is older than 7 years, the father must prove with DNA evidence that he is the biological father.
Become a Dutch citizen by option:
In some cases, you can become a Dutch person by making a written option statement. You actually declare yourself a Dutch citizen. The option statement must be confirmed by the mayor. If there is a suspicion that you pose a danger to public order, confirmation will be refused. Few foreign nationals are eligible to acquire Dutch nationality by option. This mainly concerns foreign nationals who have been living in the Netherlands, the Netherlands Antilles or Aruba for a very long time (often from birth) or who have been living together with a family member who has Dutch nationality for a long time.
Making an option statement is a quick and easy (and relatively cheap) way to obtain Dutch nationality. In that case, you do not have to meet additional conditions that apply to the acquisition of Dutch nationality by Naturalization, such as passing the integration exam or the obligation to renounce the old nationality.
Becoming a Dutch citizen by naturalization:
In most cases, the foreign national who wants to become a Dutch citizen will have to submit a naturalization application to the municipality. The municipality forwards the request to the Immigration and Naturalization Service (IND). The IND will assess whether you are eligible for naturalization. The following conditions apply to naturalization, among others:
– You must be of age (older than 18);
– There may be no objections to the stay for an indefinite period;
– You must have resided lawfully in the Netherlands for at least five years immediately prior to the application for naturalization;
– You must have passed the integration exam;
– You may not pose a danger to public order;
– You must renounce your current nationality.
It is often difficult to judge for yourself whether you are eligible for option or naturalization. AGA Lawyers can give advice on the different ways to become a Dutch citizen. You can make an appointment for this without obligation.
The conditions each require further explanation and various exceptions are possible to most conditions. Various documents must be submitted. The lack of documents may be a reason not to confirm an option statement or to reject a naturalization application. Making an option statement or submitting a naturalization application costs money (fees). You will not get that money back if the option statement is not confirmed or the naturalization application is rejected.
Dutch nationality rejected
An appeal can be lodged against a decision in which an option statement is not confirmed or a naturalization application is rejected within six weeks. AGA Lawyers can help with submitting a notice of objection.
Objection declared unfounded
If the objection is declared unfounded, an appeal can be submitted to the court within six weeks. If the appeal is also declared unfounded by the court, an appeal can still be dossierd with the Administrative Jurisdiction Division of the Council of State. AGA Lawyers can help you submit a (notice of appeal).
Integration The Dutch integration system has become incredibly complex over the years, as each successive government wants to show that it is stricter for immigrants to the Netherlands. In most cases, the integration exam is a condition for obtaining an independent residence status or Dutch nationality. And immigrants with certain residence statuses (in particular family residence) are obliged to pass the integration exam within three years, under penalty of a fine every two years.
The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within administrative law. In the event of an administrative law conflict, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.
Contact AGA Lawyers
The administrative law lawyers of AGA Lawyers can do a lot for you, such as guiding you during the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.
TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL: info@agajuristen.nl or contact form on the right side of our website.
More information
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