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Am I eligible for Dutch citizenship?

Joshua Pex
Joshua Pex

As the results of the last elections began to stream in, this article appeared on Ynet — according to the newspaper’s polls, the frequency of the search terms “foreign passport” and “green card” soared across different search engines. Indeed, we have also recently received numerous inquiries regarding the million-dollar-question, excuse us, the million-euro-question – “Am I eligible for a Dutch passport/Dutch citizenship?”

This article by our law firm, which specializes in obtaining Dutch passports, features a brief explanation, based on examples of clients who contacted us, on how to figure out whether you or your children are eligible for a Dutch passport/citizenship.

Eligibility for a Dutch passport based on Dutch parents

Generally, by law in various countries, it is customary to divide citizenship eligibility into two categories:

Jus sanguinis (right of blood)” — meaning if the parents were or are citizens, then their children should also be eligible for citizenship of a given country, and “Jus soli (right of soil)” — meaning if a child was born on the soil of the country in question, he/she is entitled to its citizenship. A well-known example of eligibility for citizenship by jus soli is of course the United States of America – anyone born on its territory is automatically entitled to the coveted U.S. passport.

The right to a Dutch passport is a jus sanguinis, but it is a conditional right which comes with an expiration date.

eligible for Dutch passport

Cases we have encountered: First example – you are not eligible for a Dutch passport and citizenship

The many questions we receive these days are very similar:

“My parents were Dutch, I am 50, 60, 70 years old, I was born in Israel and have lived there ever since. I have never applied for a Dutch passport. Today, my children and I want Dutch citizenship. Are we eligible?”

The short answer is “no”.

Yes, those who asked were in fact Dutch at birth. In most cases, their parents did not bother to apply for passports for them when they were minors, and thus their right to citizenship expired. Within 13 years of expiration, this right can be “revived”, but not after 30, 40, or 50 years.

Second example – the child is eligible for a Dutch passport and citizenship

The mother of a 15-year-old boy contacted us about obtaining a Dutch passport and citizenship for her son. The boy’s Dutch father is not married or in a registered partnership with his mother. The mother is Israeli and lives with her son in Israel.

In this case, her son is eligible for Dutch citizenship, but must go through the process of applying and proving paternity. We were very happy to stand by the family and the child, and indeed we were able to obtain the desired Dutch citizenship and of course a passport for the child.

Dutch law regarding eligibility for Dutch citizenship and a passport

Dutch law stipulates several conditions which grant immediate eligibility for Dutch citizenship:

Applicants are eligible for a Dutch passport based on Dutch parents

  1. If both parents are (or were) Dutch.
  2. If the father is (or was) Dutch and is married or was married in the past (or in a registered partnership) with the mother.
  3. If the mother is Dutch.

If the father is Dutch and the mother is not, and the father recognizes the child as his own, then the child is entitled to citizenship, but must go through a process of the father recognizing his child and proving his paternity.

Loss of Dutch citizenship:

Even if you are technically entitled to Dutch citizenship, or have previously held Dutch citizenship, according to Dutch law, anyone living outside the borders of the Kingdom of the Netherlands who has not renewed his/her citizenship for 13 years is no longer eligible for Dutch citizenship. The same is true for any of the person’s children who are minors (that is, a minor is eligible for citizenship according to the conditions described above).

Children who did not take out Dutch citizenship by the age of 18 are still eligible to receive it for 13 years from their eighteenth birthday, that is, until the age of 31. If you held a Dutch passport and did not renew it, and you currently live in Israel and are an Israeli citizen, then your eligibility for a Dutch passport expires 13 years after your previous passport’s expiration date.

Still not clear? Does your case differ from those mentioned above? We will be happy to assist you on any questions regarding Dutch citizenship and the application process.

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