In short, I’m trying to figure out whether or not my boyfriend has a claim to Dutch citizenship and, if so, what he would have to do in order to take advantage of such. I THINK he does, but I am a terrible partially-Dutch person and can’t read the language, so I’m having a little difficulty finding information.
Pertinent details:
[ul]
[li]He was born in Canada to one Canadian parent and one parent who held Dutch citizenship at the time of his birth.[/li][li]He has never lived in the Netherlands.[/li][li]He was raised by both parents until age 9, when his Canadian parent gained sole custody. He had contact with his Dutch parent for several years afterward, but that largely stopped when he was around 15.[/li][li]His Dutch parent may or may not have become a Canadian citizen, but did not do so during the time when this would have caused an automatic loss of Dutch citizenship. (that period being pre-1992, I believe)[/li][li]He has never held a Dutch passport.[/li][li]He turns 21 in about a week.[/li][/ul]
This page, particularly this item, makes me think that he probably does. He turned 18 less than 10 years ago, so if he can claim to be a Dutch national, it looks like he’d have until age 28 to work this out.
So I suppose my questions are… (woo, another list!)
[ul]
[li]Does his particular situation (specifically the only-one-Dutch-parent part) give him a claim to Dutch citizenship? If yes, is this true even if his Dutch parent gave up Dutch citizenship some time within the last few years?[/li][li]What documents would he need in order to prove a claim? Can these documents be obtained without the consent of his Dutch parent?[/li][li]Would getting a Dutch passport/proof of Dutch nationality result in any unexpected and nasty consequences? (loss of Canadian citizenship, required military service, sudden fascination with windmills, etc.)[/li][/ul]
Nobody’s intending to use this to mooch off the Dutchies. It’s just it would be rather upsetting to discover 10 or 20 years from now, when he might need Dutch citizenship for whatever reason, that it’s gone. Plus all the cool kids have dual citizenships nowadays.
[off topic]What advantages might he accrue by this change? I thought it was cool enough just to be a canadian. (tho not as cool as a Hollander) [/off topic]
Nationality law is a specialized subject, and I’m not in a position to give you definite information. A few remarks.
The page you have found is official, although not definitive. Article 3(1) Netherlands Nationality Act states that the child born of at least one Dutch parent is automatically Dutch. So you boyfriend would have been Dutch since birth.
However, there have been recent changes in nationality law. These have been covered generally on the page you linked to. As you see, the changes in law complicate things very much.
A further complication is that Dutch law is averse to dual citizenship. I’m not up to date on the current state of affairs, and I don’t know whether there is a difference on dual citizenship between people who are Dutch since birth and people who want to obtain Dutch citizenship. Article 9(1)b NNA refuses Dutch citizenship to people who apply but haven’t tried to lose their old nationality. But as I said, that might not apply to those who become Dutch by birth.
So I cannot do better than refer you to the official source: ask the embassy or consulate. Generally Dutch officials are helpful and polite so there is no reason at all to hesitate to get into contact with them. You will not incur any disadvantages or black marks for simply asking for information. Of course I cannot say how the Canadian authorities would look at it.
For simply asking information, you wil not need proof. But if you want to actually apply for a passport, you would probably need papers such as birth certificate, proof of citizenship of the parent (which might be obtained through the Dutch authorities, given the good state of Dutch citizen registries).
If he is serious about getting a Dutch passport, it looks as if he should not hesitate. Which is generallly a good course of action in matters of law.
BTW, ask him whether he likes mayonnaise with his fries. If not, I get a little dubious about his claims of Dutch birth.
Wonderful. This is a big piece of what I was looking for.
From what I’ve been able to tell, I believe there is a difference. But IANAD. (I Am Not A Dutchie)
Well, since he’s only 21(ish) it looks like we’ve got a few years yet. I want to get my residence sorted out before trying to deal with even more countries’ immigration systems.
He’s Dutch-Quebecois-Algonquin! He likes his fries with mayonnaise, cheese, and gravy made from traditionally-hunted seals!
Well, not really. But like both Qadgop and myself, when presented with a small stream or pond, his natural inclination is to either dam it or drain it, whichever is appropriate. He owns, rides, and zealously maintains multiple bicycles, and I think he knows a couple of jokes about Belgians.
I would still advise you not to wait these few years. Law changes all the time and nationality law is a particular sensitive area. You may well find out that in a few years the requirements have tightened. Also, it might become even more difficult to track the Dutch parent if he needs to.
Getting the application sorted out shouldn’t take you more than a few hours of communication (spread out over the course of a few weeks/months), and once the application has been filed you normally don’t have to worry about future changes anymore. He’s asking to have his citizenship confirmed/reinstated, not applying for residence.
Do the Dutch have a mandatory military service? I have a friend who was born in England, but has Hungarian/English dual citizenship and has been dodging military service for about seven years now. (I think because of age he’s inelegible now.) Just a point to keep in mind.
DUAL CITIZENSHIP: NOT RECOGNIZED. Exceptions: Dutch child born abroad who acquires the citizenship of country of birth. Upon reaching the age of majority, person must chose which nationality to keep. Person, who involuntarily obtains another citizenship may not be asked to renounce Dutch citizenship.
You Will Normally Be Eligible For A British Passport if:
You were born in the United Kingdom before 1 January 1983.
You were born in the United Kingdom after 1 January 1983 and one of your parents was either a British citizen or settled in the United Kingdom. Your father was born in the United Kingdom.
You were born to a United Kingdom born mother after 1 January 1983.
You have been registered or naturalised as a British citizen.
British citizenship can occasionally be claimed through a United Kingdom born grandfather depending on the date and place of birth of the applicant and his/her father. If you and your father were born in New Zealand then you cannot claim through a United Kingdom born grandfather.
