This can deter some people from pursuing dual citizenship. [23][24] Before 10 July 2009, these exemptions did not apply to getting the Luxembourgeois nationality. 1.H.2. However, income tax treaties between the U.S. and other countries serve to effectively reduce or eliminate an individual's tax liability in order to avoid double taxation. born in the Netherlands, Aruba, Curaçao, or Sint Maarten, and still living there at the time of application. This possibility was not widely known and many in this situation missed the temporary opportunity to register themselves or their children as Dutch nationals. Has lived in the Netherlands for at least 5 years continuously 5. Some are explicit; some are … not a study permit, orientation year permit or au-pair permit) and continues to meet its requirements. the five-year term is reduced to a two-year term if the applicant has legally lived in the Netherlands, Aruba, Curaçao, or Sint Maarten for a period of ten years, the last two of which uninterruptedly. "Which Countries Allow Dual Citizenship with the USA?" at the time of acquisition of the nationality of the other country, the person was married to someone who possessed that nationality. Dutch citizenship by naturalization may be withdrawn if procured by fraud or if the naturalized Dutch national does not renounce a foreign citizenship as per the requirements for naturalization (if one did not have the right to be exempted from such requirement or if one did not claim one's right to such exemption before signing a paper wherein one agrees to renounce the original nationality). [10] Latent Dutch now have the opportunity to receive Dutch nationality by option. Dual citizens can receive the benefits and privileges offered by each country where they are a citizen. For example, they have access to two social services systems, can vote in either country, and may be able to run for office in either country (if the law permits). a former Dutch national. [3][4] The legislative change was discussed by parliament in 2006,[2][5] but then stalled when the government fell and the bill was withdrawn. In general, to apply for U.S. citizenship, you must have lived in the U.S. as a permanent resident–and have a permanent resident (green) card–continuously for five years (or three years if you are filing as the spouse of a U.S. citizen). Citizens." These exemptions do not hold for Austrian, Danish and Norwegian nationals, since these countries (together with the Netherlands) are parties to the Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (see Chapter I, art. [27] They are strictly Japanese or South Korean internal affairs and have to be solved by Japanese or South Korean citizens themselves, according to the laws of their own country. Dual citizenship has been a hot topic in the Netherlands for quite a number of years. 1  Dual citizenship happens automatically in some situations, such as when a child is born in … ). The Dutch Citizenship Act is complicated; whether and how you may acquire Dutch nationality is different in each individual case. Netherlands nationality was only passed through patrilineal (father) descent. Has achieved an int… Political parties on the right end of the spectrum argue, however, that with dual citizenship comes dual loyalty. The option procedure is a simpler and quicker way of acquiring Dutch citizenship compared to naturalisation. Those born into dual citizenship may encounter fewer problems than those who actively sought it out. Generally speaking, you are a national of whatever country you were born in: people born in France are French nationals, those born in Kenya are Kenyan citizens, etc. However, the laws pertaining to their other citizenship may disagree. if before turning 18, the person has had a principal residence in the country of the other nationality for an uninterrupted period of five years; if the person is married to a living person who possesses the nationality that the former person wishes to acquire. The exemptions lead to internal problems in the case of acquisition of Japanese or South Korean citizenship since neither Japan nor South Korea allows its nationals to hold foreign citizenships in their adult years (though limited exceptions exist in South Korea, and Japan requires renunciation of the foreign citizenship within two years). Law on introducing the declaration of allegiance and for adapting the rule of obtaining the Netherlands nationality after recognition, 27 June 2008, Art. [13] The conditions of eligibility through the 'option procedure' differ somewhat from those described above. Other times, however, the process can take many years and can be extremely expensive and complicated. If you are living in your country of dual residence that is not the U.S., you may owe taxes both to the U.S. government and to the country where the income was earned. In addition, passports of people suspected of making plans to travel to a conflict zone and join a terrorist organisation like ISIL may be declared invalid.[30]. Since the assassination of Pim Fortuyn, anti-immigration politicians like Geert Wilders and Rita Verdonk have opposed dual citizenship. A child born to an unmarried Dutch father and a non-Dutch mother must be acknowledged by the Dutch father before birth, in order for the child to be a Dutch national at birth. On 29 August 2014, Dutch ministers, in their effort to discourage young Dutch Muslims from joining terrorist organisations involved in a war with the Netherlands or one of its allies, planned to increase the options of withdrawing Dutch citizenship from dual nationals. Dual Citizenship Belgium Allowed. A person born on or after 1 January 1985 to a Dutch father or mother (afstamming) is automatically a Dutch national at birth (van rechtswege). The Dutch government aims to limit dual citizenship as much as possible. For individuals who are dual citizens of the U.S. and another country, the U.S. imposes taxes on its citizens for income earned anywhere in the world. Prior to that date Dutch nationality law (Wet op het Nederlanderschap en het ingezetenenschap (commonly abbreviated as WNI, 12 December 1892, Stb. Therefore, acquiring Japanese or South Korean nationality cannot be done by exempted Dutch nationals without breaking the laws of such countries. Dual citizenship is allowed in the following limited circumstances: those who obtained dual citizenship at birth; those who acquire Dutch citizenship through the option procedure (see below); those who acquire Dutch citizenship through naturalization who obtain an exemption from the requirement to renounce the prior citizenship (see naturalization); "[17] According to Art. This fee is set by the U.S. Department of Homeland Security. As a dual citizen, you are bound by the laws of both countries. By using Investopedia, you accept our, Investopedia requires writers to use primary sources to support their work. Saskia heeft Nederlandse moeder, maar moet land uit. Since then, it is no longer possible to reacquire Dutch nationality by option under these three exceptions if the person had already lost Dutch nationality prior to 1 April 2003. Accessed Oct. 15, 2019. In general, those acquiring citizenship of these countries at independence have lost their Dutch citizenship, but a request for determination of citizenship status can be addressed to the Dutch authorities. They perceive this as a risk. [35] This prospective loss of their original or dual nationality has encourage many to support the European Citizen’s Initiative for Permanent European Union Citizenship.[36]. According to Justice Minister Mark Harbers, the plan is to widen the Netherlands’ criteria for dual nationality. where, in order to give up the current nationality, the applicant would have to fulfil military service obligations or pay for such military service instead of fulfilling it. Dutch nationality law is essence based on the principle of Jus Sanguinis (‘right of blood’), which means that citizenship is determined by the nationality or ethnicity of one or both parents. This exemption was put in place on 1 February 2001. The only way to regain Dutch nationality is by naturalisation. If this is the case, the person can submit an application for naturalisation after three years of marriage or registered partnership and cohabitation. This status includes the right to work in the U.S., although permanent residents continue to hold citizenship in another country. 2 While Ireland, Israel and Canada do. However, if their home country permits dual citizenship, this individual will be a citizen of both the U.S. and their home country. applicant was born before 1 January 1985; father was not a Dutch national when the applicant was born; applicant did not obtain Dutch nationality between 1 January 1985 and 31 December 1987 through the option procedure and then subsequently lost that Dutch nationality; and, Holder of a permanent resident permit or a valid residence permit with a non-temporary reason of stay (notably family formation or reunion. Because the Netherlands forms part of the European Union, Dutch citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. Obtaining dual citizenship simply means applying for a second citizenship. Having a citizen's passport eliminates the need for long-stay visas and any questioning about the purpose of your trip during the customs process. In effect, it is a form of simplified naturalisation. The offers that appear in this table are from partnerships from which Investopedia receives compensation. (US law, for its part, largely does not care about dual citizenship with non-enemy states like the Netherlands, but to be absolutely certain, one should always consult an attorney specialized in US citizenship law to be sure that acquisition of Dutch citizenship will not incur the loss of US citizenship.) This must be demonstrated. Jus soli is the right of anyone born in the territory of a state to nationality or citizenship of that state. [6], In December 2008, a new proposal was presented to the House of Representatives,[6] and in January 2010 Legislative bill 31.831 (R1873) passed a majority vote amending the Kingdom Act on the Netherlands nationality to allow the so-called 'latent Dutch' to opt to receive Dutch nationality, regardless of their current age and marital status, and without requirement to renounce their original nationality. Not all countries allow their citizens to hold dual citizenship. An individual holding dual citizenship is, by and large, qualified for the privileges of citizenship in every nation whose citizenship the person is holding. It does not matter whether you were born in the Netherlands or abroad. 23.3. of the Kingdom Act on the Netherlands Nationality,[18] some categories of people are excepted from declaring their allegiance, through a general administrative measure. In 2005, several Dutch lawyers[2] agreed to take on the case and formalised the group into “Stichting Ne(e)derlanderschap Ja!”. Unless the parents are foreign diplomats, the child generally becomes a citizen of the U.S. (in addition to the country-of-residence of their parents). Is 100% certain of their identity 4. A similar requirement exists for citizens of Japan and South Korea (see above). If you have more than one nationality, it is not always clear what yourrights are. You do not need to apply for dual citizenship. Citizenship and Immigration Services. Sufficiently integrated in Dutch society and are able to read, write, speak and understand Dutch. The U.S allows dual citizenship but not all countries do. Dual citizenship happens automatically in some situations, such as when a child is born in the U.S. to parents who are residents of a foreign country. The Netherlands is a member of the European Union; therefore, as a Dutch Citizen, you will have the right to reside in any E.U. [23][24] In a similar way, this was also the case for Luxembourgish nationals until 10 July 2009.[23][24]. Some countries restrict land ownership to citizens only. Dual citizenship … Process for Gaining Dual Citizenship in the United States, What Is Foreign Earned Income Exclusion Definition. There are however, a number of exceptions to this rule, where dual citizenship is … [23][24] This is due to the provisions of the Convention on the Reduction of Cases of Multiple Nationality, to which the Netherlands became party in 1985. However, dual citizenship may be granted if the foreign national has been a permanent resident for at least three years, has been living in a marital union with a U.S. citizen-spouse during that time, and meets other eligibility requirements. In this scenario, a permanent resident is anyone who has been legally granted the right to live in the U.S. indefinitely. (One of these exceptions permits a child under the age of 12, who is included in the foreign passport of a parent who has no claim to U.S. citizenship, to enter the United States without a U.S. passport, provided the child presents evidence of his/her U.S. citizenship when entering the United States.) Benefits of Dual Citizenship. Before independence, Dutch citizenship was held by many persons in Suriname and Indonesia. Another benefit of dual citizenship is the ability to own property in either country. If the other country allows dual citizenship, you can stay a citizen of that country. USCIS. Therefore, when you obtain another nationality, your Dutch nationality automatically lapses. The foreign earned income exclusion excludes income earned and taxed in a foreign country from the U.S taxable income of American expats. Effective 1967 the US allowed dual citizenship with any other country allowing dual or multiple citizenships. [28], Dutch nationals are not allowed to renounce their nationality if they become stateless[28] so this renunciation has to occur while they have dual nationality, which is illegal in Japan and South Korea. Some government officials are also fond of dual citizenship and see it as a way to promote the country's image as a prime destination for tourists. Dutch citizenship may also be revoked in the case of service in a foreign army at war with the Netherlands. an adult who has been legally resident in the Netherlands, Aruba, Curaçao or Sint Maarten since he or she was four years old. persons who become naturalised Dutch nationals if they obtain an exemption from the requirement to renounce their foreign citizenship, such as those who are married to Dutch nationals. Lived a minimum of 5 years continously in the country of their second nationality before turining 18 years old, and renewed their Dutch passport before it expired every 10 years. From 1 January 1985 the Kingdom Act on the Netherlands nationality (Rijkswet op het Nederlanderschap 19 December 1984, Stb. To apply for permanent residency, most individuals file form 1-485, Application to Register Permanent Residence or Adjust Status. To apply for naturalization, most individuals file form N-400, the application for naturalization. The Dutch law has contained for many years provisions that removed Dutch citizenship from certain Dutch persons who held another nationality at birth and remained resident outside the Netherlands in adulthood. If the person has cohabited in the Netherlands with a Dutch man or Dutch woman (both partners unmarried) for an uninterrupted period of three years, an application may also be submitted. Dual citizenship may not be permitted by certain countries, depending on where the second citizenship is obtained. Children aged under eighteen may be added to a parent's application for Dutch citizenship. Dutch nationals may lose their citizenship through long residence outside the Netherlands while having more than one nationality, or acquisition of a foreign nationality. [32][33] Dutch citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty. They are not problems of the Dutch state, and all that the Dutch laws say in this respect is that such Dutch nationals with dual nationality are allowed to renounce to their Dutch nationality. The Kingdom Act on the Netherlands nationality was significantly amended with effect from 1 April 2003. If you were not born in the U.S. and you want to become a U.S. citizen, there are many requirements for gaining dual citizenship. The general requirements for naturalisation include: 1. There is an extra clause, namely that the couple has to remain living under the same roof for as long as the request for naturalization is being researched. Hoe bepaal je of je een latente Nederlander bent? Citizenship in Belgium is regulated under the Code of Belgian Nationality of June 1984. A tax treaty is a bilateral agreement made by two countries to resolve issues involving double taxation of passive and active income. Since then children who were not acknowledged before birth may nonetheless acquire Dutch citizenship through the option procedure, or through obtaining proof of paternity from a court. Residency under a temporary reason of stay (notably study) is also counted in those five years. If you have only one nationality, it will beclear what your rights are. Applying for dual citizenship is a complicated and typically expensive process that may require the assistance of an immigration lawyer. For example, a treaty between the U.S. and New Zealand overrides the income tax laws of each country to avoid double taxation. One benefit of dual citizenship that is often cited is the ability of an individual to possess two passports. [15], A child found on Dutch territory (including ships and airplanes with Dutch nationality), whose parents are unknown, is considered Dutch by birth if within five years since being found it does not become apparent that the child had another citizenship by birth.[16]. Other eligibility requirements include being at least 18 years old when you apply and being able to read, write, and speak basic English. In 2015, The Danish Government passed a law that allows for permanent residents in Denmark to apply for dual citizenship. It is however possible to obtain another nationality without losing Dutch citizenship when you: 1. are the spouse or registered partner of a non-Dutch national and assume your partner’s nationality 2. were born in the country of your other nationality and live there when you obtain that nationality 3. lived in the country of your other nationality continuously for 5 years before you… At present, naturalised Dutch citizens must renounce the nationality of their country of origin, unless they are married to a Dutch national. When gaining Dutch citizenship internationals often have to give up their original citizenship(s) (afstand doen) because in many cases the Netherlands does not permit dual nationality. This will be extended to the people who train in terrorist camps or work in them as instructors. According to Art. These exemptions do not apply in the case of acquisition of Austrian, Norwegian or Danish citizenship. A minor revision concerning people born before 1985 to a Dutch mother went into effect on 1 January 2011. If you travel frequently between the two countries, this might be especially useful since property ownership might offer a more economical way to live in two places. Which Countries Allow Dual Citizenship with the USA? About your concern the US and Italy allow Multiple citizenship so you should have no problems getting UK citizenship, at least with the dual citizenship part. An application for Dutch citizenship by naturalisation must meet all the conditions below: Since 1 March 2009, anyone who requests naturalization must take an oath promising adherence to the values of the Dutch state: "I swear (declare) that I respect the constitutional order of the Kingdom of the Netherlands, its freedoms and its rights, and I swear (promise) to faithfully fulfil the obligations due to my nationality. See the following footnote for explanations. IRS Publication 519 or the U.S. Tax Guide For Aliens is an IRS document that details tax procedures for individuals who are not citizens of the U.S. This means you can be a British citizen and also a citizen of other countries. If you have only one nationality, it will be clear what your rights are. a person holding US citizenship, marrying a Dutch national can keep his U.S. [1][11] However, while latent Dutch are by definition descended from a Dutch mother, nationality granted through the option procedure is not retroactive to the date of their birth. Reply Henry Mercado on January 20, 2019 at 5:22 pm an adult who used to be a Dutch national and who has been legally resident in the Netherlands, Aruba, Curaçao or Sint Maarten for at least one year and whose residence is without any restriction as to length. [31] When in a non-EU country where there is no Dutch embassy, Dutch citizens have the right to get consular protection from the embassy of any other EU country present in that country. There is no application or form available to file for “dual citizenship” in the United States. 268) did not permit children to obtain Dutch nationality through descent from a Dutch mother (through matrilineal descent) and a non-Dutch father. Those aged sixteen and seventeen will only be naturalised if they give their active consent while those aged twelve through fifteen inclusive are given a chance to object. the legislation of the applicant's country does not allow renunciation of nationality. Note: this is true in respect to marriage, partnership or cohabitation if and only if in the last three years the applicant has continually lived together with the partner inside the Netherlands. Successful completion of an eligible integration course is an alternative. However, there are quite some exceptions to this general rule. where the applicant cannot be expected to contact the authorities in the country of which they are a national. A new period of ten years starts on the day that the person is issued with a passport or proof of Dutch nationality. An expatriate is somebody who leaves their country of origin to live or work. A key criteria test set forth by the IRS, that an individual must satisfy in order to be claimed as another person's dependent. If you are born from a Dutch mother and a foreign father you did not become a Dutch citizen by law. We believe dual citizenship can actually help integration into Dutch society as many scientific papers have shown, plus it can help Dutch people to live and work abroad without any restrictions. The situation is different if you have a connection to Germany by birth. NNU Immigration. Other exceptions also exist such as the one in which minors who naturalise independently from their parents will not lose their Dutch citizenship. In this case, dual citizenship is not automatic. Becoming a Dutch citizen has many advantages. of the Decree regarding the Obtention and Loss of the Netherlands Nationality,[19] persons with a physical or psychical handicap who are unable to state their allegiance are exempted from doing so. Dual citizens enjoy certain benefits, such as the ability to live and work freely in two countries, own property in both countries, and travel between the countries with relative ease. In the five years preceding the application, the applicant has not been given any custodial sentence, training order, community service order or high monetary penalty. Dutch nationals who naturalise in another country who are exempted from the loss of nationality rule, such as those married to a national of that country. [2]. An important legal case focusing on Dutch dual nationality laws could be a breakthrough for people hoping for change in the current restrictive Dutch approach to having more than one passport. As the government website explains, “The Dutch government wants to limit dual nationality as much as possible. This is called the renunciation requirement. Dutch nationality law is based primarily on the principle of jus sanguinis and is governed by the Kingdom Act on the Netherlands nationality (Dutch: Rijkswet op het Nederlanderschap), which was signed by the monarch on 19 December 1984 and officially promulgated on 27 December 1984. In this article, I showed you how I claimed Czech citizenship by descent and discussed how you can claim dual citizenship by descent. a minor who, as a result of a Court decision or by law at the time of his or her birth, is under the joint custody of a non-Dutch parent and another person who is a Dutch national and who, since the start of this custody, has been cared for and brought up by this Dutch national for a period of at least three years during which the child has had his or her principal place of residence in the Netherlands. This index differs from the Henley Passport Index, which focuses on external factors including travel freedom. an adult who was born in the Netherlands, Aruba, Curaçao or Sint Maarten and who has lived in any of these places continuously since birth. This is 4,000 fewer than in 2003 and half the number in 2002. Thus citizenship is conferred primarily by birth to a Dutch parent, irrespective of place of birth. This page was last edited on 7 January 2021, at 06:15. All five conditions must be met. where renunciation of the applicant's existing nationality would cause "serious financial losses" (for example, inheritance rights). A child born out of a parent with Dutch Citizenship and a parent with U.S. (Or US and Dutch) citizenship will have both Dutch and US citizenship. Since 1 April 2003, following an amendment to the Netherlands Nationality Act of 1985, Dutch nationals with dual nationality will lose their Dutch citizenship if they hold a foreign citizenship and reside outside the Kingdom of the Netherlands or the European Union for ten years. We’ve established that the U.S. allows dual citizenship, but not all other countries do. Those who were issued a Dutch passport or proof of Dutch citizenship on or after 1 January 1990 are deemed never to have lost Dutch citizenship. The Netherlands seeks to avoid dual nationalities. 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