The Canadian Netherlands Business and Professional Association (CNBPA): NEWS -  January 2012

There are concerns amongst Dutch citizens in Canada about dual citizenship as the Dutch government is proposing to change the rules on dual Dutch citizenship. Many people that emigrated from The Netherlands to Canada (either in the years after World War II or more recently) and their children are uncertain about the rules that govern dual citizenship these days. They wonder whether they are still Dutch and if they are still allowed to hold both Dutch and Canadian citizenships. There is much information available on various websites, but the overload of information often leads to more confusion. Given the controversy around the subject, we would like to remind you of a few key issues to keep in mind.

Individuals with a Dutch and Canadian parent as well as individuals born in Canada with at least one Dutch parent are automatically entitled to both nationalities, as long as, at least one parent remains Dutch until the individual turns 18 years of age. In general, Dutch citizenship is automatic for someone with a Dutch parent, no matter in which part of the world the child was born (The principle is Jus Sanguinis = right to nationality based on parentage. Dutch = bloedrecht). However, in Canada, just like the USA, the legal principle is Jus Solis (= law of soil, or principle of territoriality. Dutch = grondrecht). As always, exceptions and conditions may apply.

Although each individual's case may differ and restrictions often apply, the main Dutch law regarding dual citizenship (since 1892, still in effect) rules that: when you, as an adult, take on another nationality: you lose your Dutch citizenship
However, since April 1, 2003, if you become a Canadian citizen as an adult, you will not lose your Dutch citizenship if (in this country):
1) You were born in Canada
2) You are/were married to a Canadian citizen at the time of your naturalization
3) You (can prove that) you lived and/or were educated in Canada for five consecutive years as a minor (under 18 years of age).

At present, if you became a Canadian citizen as an adult BEFORE April 1, 2003 (and thereby lost your Dutch citizenship), and one of the above exceptions is applicable to you and can be proven with documentation, you can file an option to regain citizenship, before April 1, 2013 by contacting a diplomatic mission. See also:

As the legislation governing this whole topic is extraordinarily complex, with restrictions and exceptions to nearly every article of the law, it is virtually impossible to present generic guidelines regarding the (im)possibility of (re)gaining or keeping Dutch citizenship. On top of this, the applicability of various regulations depends on a large number of individual factors, for instance when you were born in Canada, when you became a citizen of Canada and which national law was in effect at that time. Each application for Dutch citizenship therefore must be judged on its own merits. If you are a (former) Dutch citizen residing abroad, it is highly recommended that you contact the Dutch Embassy or a Consulate-General with specific questions concerning your (or your family's) situation when it comes to dual citizenship.

If you already are a dual citizen, and if you, as an adult, reside for an uninterrupted period of 10 years outside The Netherlands (inclusive BES islands), Aruba, Curacao, St. Maarten and outside the EU, you lose your Dutch citizenship. You can prevent loss, however, if you renew your passport / obtain a declaration of Dutch citizenship before the ten-year period is completed. Once you renew, a new period of ten years will commence (note: the current grace period expires 1 April 2013). Therefore, if dual citizens wish to retain their Dutch citizenship: check the expiry date of your last Dutch passport and don't allow this to expire by more than 5 years. Always ensure that your request for extension is submitted in time. For information on Dutch naturalization, and regaining Dutch citizenship by taking up residence in The Netherlands, visit the IND or Dutch missions' link.

For further information on all current nationality issues, visit
http://www.dutchmissions.com  (Diplomatic Mission in Canada)
http://www.ind.nl  (Immigration, naturalization)
http://english.ind.nl/Brochures_en_Formulieren/index.aspx  (Brochure "Former Dutch nationals")
http://www.minbuza.nl  (Ministerie van Buitenlandse Zaken Den Haag)
http://www.minbuza.nl/producten-en-diensten/burgerzaken/nederlandse-nationaliteit   (Dutch)
http://www.minbuza.nl/en/services/consular-services/dutch-nationality  (English)
http://www.rijksoverheid.nl/onderwerpen/nederlandse-nationaliteit/documenten-en-publicaties/richtlijnen/2008/07/16/uitzonderingen-en-toelichting-op-het-verliezen-van-de-nederlandse-nationaliteit.html > (Toelichting dubbele nationaliteit verlies)
http://www.minbuza.nl/producten-en-diensten/burgerzaken/nederlandse-nationaliteit/herkrijgen-nederlanderschap.html > (Toelichting opties: geboren in Canada)
http://wetten.overheid.nl/BWBW33099  To view legislation > (Dutch only): Handleiding Rijkswet op het Nederlanderschap: RWN 2003
http://www.rijksoverheid.nl/onderwerpen/nederlandse-nationaliteit > (Dutch)

Inquiries: https://www.rijksoverheid.nl/contact/contactformulier

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First sent January 19, 2012