How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba Contents 1. The purpose of this publication 2. Brief information on becoming a Dutch national 3. Who is eligible? 4. How does the option procedure work? 5.What do you have to do to become a Dutch national by means of naturalisation? 6. Benefits and consequences 7. FAQs 8. More information 3 4 6 9 11 Checklist 1: Are you eligible? Checklist 2: Which documents do you have to bring with you? 17 19 14 15 16 Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 2 1. The purpose of this publication What do you have to do to acquire Dutch citizenship? This question is central to this publication which is intended for all foreign nationals (non-Dutch people) who want to acquire Dutch citizenship and who live on Bonaire, St. Eustatius and Saba. A separate publication has been published for former Dutch nationals (see www.ind.nl). In this publication you will find information on: • the conditions you have to fulfil to acquire Dutch citizenship; • the documents that are required; • how the application procedure works. Three ways to become a Dutch national There are three ways to become a Dutch national. By law: Through birth or acknowledgement. Any child of a married Dutch father or mother is automatically Dutch from birth, even if the child is born outside the Netherlands, Aruba, Curacao, St. Maarten or the public bodies of Bonaire, St. Eustatius or Saba. The child of an unmarried Dutch mother is also automatically Dutch from birth. However, a child of an unmarried non-Dutch mother and a Dutch father is only Dutch if the father acknowledges the child before the birth, or acknowledges the child after the birth but before the child reaches the age of 7. If the child is only acknowledged (by a Dutch national) when 7 years of age or older, the Dutch father must - within 1 year after acknowledgement - provide DNA-proof that he is the biological father. This DNA-proof has to fulfil strict requirements. If the acknowledging party is unwilling or unable to submit DNA-proof, he can also opt take an option for the child (aged 7 or older) at the office of the Immigration and Naturalisation Service (IND). Read more about this in Chapter 3. Minors can also legally acquire Dutch citizenship through adoption. How to use this publication • If you are looking for a brief overview of the procedure for becoming a Dutch national, you should read Chapter 2: Brief information on becoming a Dutch national. • If you would like to know whether you are eligible for Dutch citizenship, read Chapter 3: Who is eligible? A handy checklist can be found at the back of this publication. • If you would like to know how the option procedure works, you should read Chapter 4: How does the option procedure work? • If you would like to find out about the naturalisation procedure and how long it takes, you should read Chapter 5: What do you have to do to become a Dutch national by means of naturalisation? • If you would like to find out what the benefits of Dutch citizenship are, you should read Chapter 6: Benefits and consequences. • If you have any other questions about Dutch citizenship, you should read Chapter 7: FAQs. Via the option procedure: By making a statement that you want to become a Dutch national. This procedure applies to a number of groups, for example to children of immigrants who were born in the Netherlands, Aruba, Curacao, St. Maarten or the public bodies of Bonaire, St. Eustatius or Saba. By means of naturalisation: This is the third possibility to become a Dutch citizen. This publication deals with the second and third possibilities for acquiring Dutch citizenship. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 3 2. Brief information on becoming a Dutch national If you want to become a Dutch national, you will have dealings with the office of the Immigration and Naturalisation Service on Bonaire, St. Eustatius and Saba (hereinafter the ‘Netherlands Caribbean IND Unit’ and with the Immigration and Naturalisation Service in the Netherlands. Netherlands Caribbean IND Unit If you think that you fulfil the conditions for the option procedure or for naturalisation, you can go to the office of the Netherlands Caribbean IND Unit. An employee of the Netherlands Caribbean IND Unit will check together with you the facts involved in your request application, together with you, to see whether you fulfil the conditions, and will help you submit an application for naturalisation or option. If you fulfil the option conditions, the Minister of Justice of the Kingdom (read: the Netherlands Caribbean IND Unit) can take the appropriate decision. In the case of naturalisation, the Netherlands Caribbean IND Unit will send the naturalisation documents to the IND in the Netherlands. You should bear in mind that, in the event of naturalisation, the Netherlands Caribbean IND Unit will not be able to tell you with complete certainty whether you are allowed to become a Dutch national. Immigration and Naturalisation Service In the case of an application for naturalisation, the IND in the Netherlands will ultimately decide whether or not you can become a Dutch national. The IND may carry out additional research to see whether you fulfil all the conditions. Conditions The first thing you have to do is check whether you fulfil the conditions. The conditions can be found in Chapter 3 of this publication. The conditions that apply for the option procedure differ from those that apply for the naturalisation procedure. If you fulfil the option conditions, you can make an option statement to the Netherlands Caribbean IND Unit. If you fulfil the naturalisation conditions, you can submit an application for naturalisation to the Netherlands Caribbean IND Unit. Documents When you submit an application, the Netherlands Caribbean IND Unit will also ask you for a number of documents. These will include your passport, residence permit, birth certificate, marriage certificate, etc. These documents must in principle be original and legalised. You may have to take a naturalisation test to show that you are sufficiently integrated. The Netherlands Caribbean IND Unit will also check to see whether you have a criminal record. Costs Both the option procedure and the naturalisation procedure cost money. When submitting your application, you must also immediately pay these costs. You will not find any information in this publication about the costs or about a possible exemption to pay charges. If you want to know what the costs are in advance, please visit www.ind.nl or call 0900 1234561 (€ 0.10 p.m. plus the costs for using your mobile telephone). From Bonaire, St. Eustatius or Saba call +31 20 889 30 45 (this number cannot be reached from the Netherlands). You can also contact the office of the Netherlands Caribbean IND Unit. Your money will not be refunded if your application has been rejected or if you decide to withdraw your application later on. The charges are a contribution to the costs of the investigation. Assessment In the case of the option procedure, the application will be dealt with by the Netherlands Caribbean IND Unit. The Netherlands Caribbean IND Unit decides on behalf of the Minister of Justice of the Kingdom whether you may acquire Dutch citizenship. In the case of naturalisation, the Netherlands Caribbean IND Unit will compile a dossier and send this to the IND in the Netherlands. The IND in the Netherlands assesses your application for naturalisation. If your application is granted, a proposal for the granting of Dutch citizenship will be submitted to Her Majesty the Queen for signature. The Queen ultimately bestows Dutch citizenship. If your application for naturalisation is granted, the Lieutenant Governor will invite you to a naturalisation ceremony. During the ceremony, the significance of Dutch nationality and your solidarity with Dutch society and the society of Bonaire, St. Eustatius or Saba will be highlighted. You are obliged to attend the naturalisation ceremony and to make the declaration of solidarity. You will only properly acquire Dutch nationality if you attend the naturalisation ceremony, make the declaration of solidarity and receive the notice. If you do not fulfil the conditions for naturalisation, the IND will send you a letter stating why you are not eligible for Dutch citizenship. You can lodge an objection to this decision if you wish. The procedure is described in the letter. Amount of time If you initiate an option procedure, you should allow approximately 3 months from the moment the Netherlands Caribbean IND Unit receives your declaration. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 4 The naturalisation procedure will take (a maximum of ) 1 year. Renouncing your nationality If you become a Dutch national by means of naturalisation, you must in principle renounce your current nationality, or nationalities, and then submit proof of having done so. Some exceptions do apply, as described in Chapter 3 of this publication. In the case of the option procedure, the law of the country of your current nationality determines whether you lose this nationality. You do not then have to personally renounce it. There is one exception to this. Read more about this exception in Chapter 4. The two procedures are outlined below. Option: who does what? What you do What the Netherlands Caribbean IND Unit does 1 Gather information 2 Check wether you fulfil the conditions 3 Submit the documents to the Netherlands Caribbean IND Unit 4 Make an option statement and complete any other forms that might be necessary 5 Pay the costs 6 Do research 7 Confirm of refuse to confirm the acquiring of Dutch nationality Invite you to attend a naturalisation ceremony 8 9 What the Lieutenant Governor does Attend the naturalisation ceremony and make a declaration of solidarity (if naturalisation is confirmed) or lodge an objection (in the event of refusal to confirm) Naturalisation: who does what? What you do 1 Gather information 2 Check wether you fulfil the conditions 3 Take the naturalisation test (if necessary) 4 Submit documents to the Netherlands Caribbean IND Unit and complete the application for naturalisation and other forms 5 Pay the costs What the IND does What the Lieutenant Governor does Complete forms (together with you) Do research 6 7 What the Netherlands Caribbean IND Unit does Supplement the documents (if necessary) Send a dossier to the IND 8 9 Assess the dossier 10 Submit the application for naturalisation, if granted, to the Queen, or reject the application Invite you to attend a naturalisation ceremony 11 12 Attend the naturalisation ceremony and make a declaration of solidarity (if naturalisation is granted) or lodge an objection (in the event of rejection) 13 Renounce your nationality (possibly) Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 5 3. Who is eligible? If you want to become a Dutch national, first check whether you fulfil the conditions that apply to the option procedure. This is in fact the easiest way to acquire Dutch citizenship. The conditions are detailed below. After that, we examine in more detail the conditions which apply if you want to submit an application for naturalisation. Becoming a Dutch national by means of the option procedure In a number of cases you can become a Dutch national by making an option statement. This is a quick way of acquiring Dutch nationality. In order to be eligible for the option procedure you must, in almost all cases, have a valid residence permit. You also have to be prepared to make a declaration of solidarity during the naturalisation ceremony. You can use this procedure if you fulfil one of the following conditions: • You have attained your majority (in other words you are aged 18 or above. If you are younger than 18, you can still have attained your majority if you are or have been married), you were born in the Netherlands, Aruba, Curacao or St. Maarten as the child of immigrants and you have lived continuously since your birth in the Netherlands, Aruba, Curacao or St. Maarten, and you have a valid residence permit. Note! The ‘Netherlands’ means the European part of the Netherlands and the public bodies of Bonaire, St. Eustatius and Saba • You were born in the Netherlands, Aruba, Curacao or St. Maarten, you have lived legally in these places for an uninterrupted period of at least 3 consecutive years and you have had no nationality since birth (you are stateless). You have to prove that you are stateless. ‘Legally’ means: having a valid residence permit. • You have attained your majority and you have lived legally in the Netherlands, Aruba, Curacao or St. Maarten since the age of 4. • You have attained your majority, are a former Dutch national and have lived in the Netherlands, Aruba, Curacao or St. Maarten for at least 1 year on the basis of a residence permit for an indefinite period of time or a residence permit for a non-temporary purpose of stay (see separate publication for former Dutch nationals). • You have been married to a Dutch national for at least 3 years and have lived legally in the Netherlands, Aruba, Curacao or St. Maarten for an uninterrupted period of at least 15 years. • You are 65 years of age or older and have lived legally in the Netherlands, Aruba, Curacao or St. Maarten for an uninterrupted period of 15 years. • You married a non-Dutch man before 1 January 1985 and lost Dutch nationality as a result. You can reacquire Dutch citizenship via the option procedure within 1 year after dissolution of that marriage. In this case, the conditions of legal residence in the Netherlands do not apply. • You were born before 1 January 1985 of a mother who was a Dutch national when you were born, while your father was not Dutch. • You were adopted before 1 January 1985 in the Netherlands, the Netherlands Antilles or Aruba by a court decision by a woman who was a Dutch national on the date that the court decision became effective. You were a minor on the date of the decision in the first instance. • You were born as a child of a person who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • You were acknowledged before you had reached the age of 7 years by a person who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • You were recognised as a minor of 7 years of age or older, but before you became of age, by your biological father who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • By court determination of paternity, you are the child of a man who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • You were adopted in the Netherlands, Aruba, Curacao, or St. Maarten by court decision and you are the child of a man or woman who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. You were a minor on the date of the decision in the first instance. • Finally, there is a separate regulation for children who were recognised or legitimised by a Dutch national after 1 April 2003 but before 1 March 2009. For more information about these option possibilities you can contact the office of the Netherlands Caribbean IND Unit. In all of the above cases, you are not permitted to be married to more than one man or one woman at the same time. Also, over the past 4 years you have not received a prison sentence, training order, community service order or large fine for a serious offence (under Dutch law). You may Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 6 also not have any criminal proceedings for a serious offence pending against you. Under certain conditions minors are also eligible for option after they have been cared for and raised by a Dutch parent for three years. For more information please contact the Netherlands Caribbean IND Unit. More information on the option procedure is available in Chapter 4. Becoming a Dutch national by means of naturalisation You can submit an application for naturalisation if you fulfil all the conditions below: • You have attained your majority (in other words you are aged 18 or above. If you are younger than 18, you can still have attained your majority if you are or have been married). • You have lived legally in the Netherlands, Aruba, Curacao or St. Maarten for an uninterrupted period of 5 years. ‘Legally’ means: having a valid residence permit. There are a number of exceptions to this rule: -You are married to, or are the registered partner of, a Dutch man or woman. In that case you can submit an application for naturalisation after 3 years marriage or registered partnership (possibly abroad) and an uninterrupted period of cohabitation. You can also submit an application for naturalisation if you have cohabited legally for 3 years with a Dutch man or woman (with both partners being unmarried). Cohabiters must have lived together in the Kingdom. Married couples are allowed to have lived together abroad. Note! The couple must still be cohabiting on a permanent basis during the period in which your application for naturalisation is processed until the decision on the application. -You are a former Dutch national and had Dutch nationality but then lost it. In that case you do not have to have lived for a particular period of time in the Netherlands, Aruba, Curacao or St. Maarten. In some cases you can use the option procedure. A separate publication is available for you (see www.ind.nl). • You have a residence permit for an indefinite period of time or a residence permit for a non-temporary purpose of stay, such as family reunification or salaried employment. If you have a residence permit based on a temporary purpose of stay - for example for a course of study or for medical treatment - you cannot be naturalised. • You are sufficiently integrated and can speak, read, write and understand Dutch or Papiamento (Bonaire) or English (St. Eustatius and Saba). As of 1 January 2011, you • • • will be tested on your knowledge of the Dutch language and Papiamento (Bonaire) or the English language. Information about this can be obtained from the IND office on the island where you live. You must demonstrate this by taking the naturalisation test. If you have certain diplomas or certificates, you may not have to take the naturalisation test. The same applies to people who are unable to take the naturalisation test due to a serious physical or mental handicap. More information on the naturalisation test can be found at www.inburgeren.nl. ‘Being integrated’ also means that you may not be married to more than one man or woman at the same time. In the last 4 years you have not received a prison sentence, training order, community service order or large fine for a serious offence (under Dutch law). You may also not have any criminal proceedings for a serious offence pending against you. The term ‘substantial penalty’ means an amount of 762.35 ANG or more. Your application will also be rejected if, during the past four years, you have had fines of 381.17 ANG or more imposed or have paid such fines, with a total applying of 1143.52 ANG or more. You are prepared to make the declaration of solidarity during the naturalisation ceremony. By doing so you state that the laws of the Kingdom of the Netherlands (the Netherlands, Aruba, Curacao and St. Maarten) also apply to you. If you do not make the declaration of solidarity, you cannot become a Dutch national. You are prepared to renounce your current nationality. If you do not renounce your current nationality after you have become a Dutch national, your Dutch citizenship may be retracted. People with certain nationalities may be allowed to retain their current nationality/nationalities. It is also possible that you automatically lose your current nationality when you become a Dutch national. You can check this at the Netherlands Caribbean IND Unit. Sometimes you will not have to renounce your current nationality. You must then prove, at the moment that you submit your application for naturalisation, that you do not have to renounce your nationality. You do not have to renounce your current nationality in, among others, the following cases: -The legislation of the country of your current nationality does not permit loss of your nationality (surf to www.ind.nl to see the regulations governing renunciation apply per country). -You are married to or you are the registered partner of a Dutch national. - You are a minor. - You have a residence permit for asylum. -You were born in the Netherlands, Aruba, Curacao or St. Maarten and you are living in one of these places at the moment that you submit your application for naturalisation. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 7 -You have to pay a substantial sum to the authorities of the country of your current nationality in order to be able to renounce your current nationality. You have to be able to substantiate this when submitting your application for naturalisation. -Renouncing your current nationality would mean that you would lose certain rights, as a result of which you would suffer serious financial damage. One example is right of inheritance. You have to be able to substantiate this when submitting your application for naturalisation. -You have to do your military service (or buy it off ) before you can renounce your current nationality. You have to be able to substantiate this when submitting your application for naturalisation. You should therefore check beforehand what the consequences are of renouncing your current nationality and whether costs are involved. You should contact the authorities of the country of your current nationality. In the case of both procedures the terms ‘legally’ and ‘uninterrupted period’ means that you have always had a valid residence permit since your admission to the Kingdom (the Netherlands, Aruba, Curacao and St. Maarten). This means that you always applied for an extension before your permit expired. You also have to have a valid residence permit during the option and naturalisation procedure. More information on the naturalisation procedure is available in Chapter 5. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 8 4. How does the option procedure work? The option procedure is a quick way of acquiring Dutch nationality. If you are eligible for this procedure, you simply make a statement that you want to become a Dutch national. If you fulfil the conditions, the Lieutenant Governor will invite you to a naturalisation ceremony. During the naturalisation ceremony, the significance of Dutch nationality and your solidarity with Dutch society and the society of Bonaire, St. Eustatius or Saba are highlighted. You are obliged to attend the naturalisation ceremony and to make the declaration of solidarity. You will only properly acquire Dutch nationality if you attend the naturalisation ceremony, make the declaration of solidarity and receive the notice. Who is the procedure for? Various groups of foreign nationals and former Dutch nationals can use the option procedure. You can read about the requirements you have to fulfil in Chapter 3. If you live in the Netherlands, Aruba, Curacao or St. Maarten, your children can also become Dutch nationals if they fulfil a number of conditions (for example being in possession of a valid residence permit). However, you do have to refer to your children’s details in the option statement. Procedure If you want to use the option procedure and you fulfil the conditions, you have to make an option statement the Netherlands Caribbean IND Unit. You also have to fill in and sign a declaration form in which you declare that you are prepared to make a declaration of solidarity during the naturalisation ceremony. The Netherlands Caribbean IND Unit checks to see whether you have a criminal record. You also have to prove that you have always had a valid residence permit. Confirmation or refusal to confirm If you fulfil all the option conditions, the Netherlands Caribbean IND Unit will confirm in writing that you have acquired Dutch nationality. The Lieutenant Governor will then invite you to attend a naturalisation ceremony. If you do not fulfil the conditions, you will receive a letter explaining why you cannot become a Dutch national. You can lodge an objection to this decision if you wish. The procedure is described in the letter. The ceremony Becoming a Dutch national is a special event. That is why the Lieutenant Governor organises special meetings during which the significance of Dutch nationality and your solidarity with Dutch society and the society of Bonaire, St. Eustatius or Saba is highlighted. This naturalisation ceremony is open to everyone who has become a Dutch national by option or naturalisation. You are obliged to attend the ceremony. You will only properly acquire Dutch nationality if you attend the naturalisation ceremony and make the declaration of solidarity. If you fail to attend the naturalisation ceremony, you will be sent a new invitation to attend a subsequent ceremony. Within 1 year after the decision you must attend the naturalisation ceremony and, after making the declaration of solidarity, take receipt of the option confirmation, otherwise you will not acquire Dutch nationality. If 1 year has passed, you will have to restart the option procedure in order to become a Dutch national. You are only exempt from attending in very exceptional circumstances. If you think that exceptional circumstances apply in your case, you can contact the Lieutenant Governor. Minor optants who are 16 or 17 at the time at which the option statement is made, are also obliged to attend the ceremony. Minor optants who are under the age of 16 are not summoned to attend the naturalisation ceremony, but may attend if they wish to do so. Their parent or legal representative will be summoned to attend and is also obliged to do so. These minor optants will only properly acquire Dutch nationality if their parent or legal representative attends the naturalisation ceremony and makes the declaration of solidarity. Amount of time The option procedure lasts approximately 3 months. Costs The option procedure costs money. You do not have to pay any money for minor children who are included in your application. You will not find any information in this publication about the costs or about a possible exemption to pay charges. If you want to know what the costs are in advance, please visit www.ind.nl or call 0900 1234561 (€ 0.10 p.m. plus the costs for using your mobile telephone). From Bonaire, St. Eustatius or Saba call +31 20 889 30 45 (this number cannot be reached from the Netherlands). You can also contact the Netherlands Caribbean IND Unit. Your money will not be refunded if your option statement application has not been confirmed or if you decide to withdraw your option statement later on. The charges are a contribution to the costs of the investigation. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 9 Loss of nationality If you are an adult optant and you have lived in the Netherlands legally without interruptions from the age of 4 years, you must in principle renounce your original nationality. This means that, after attending the naturalisation ceremony, you must still renounce your original nationality. You must prove that you have renounced your current nationality. If you fail to do so, the Dutch nationality may be withdrawn. You do not have to renounce your original nationality if you fall under one of the exceptions (see Chapter 3). The obligation to renounce your original nationality does not apply to the other option categories referred to in Chapter 3. Please note that in some countries, the laws of those countries provide that you will lose your current nationality/nationalities because you become a Dutch national. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 10 5. What do you have to do to become a Dutch national by means of naturalisation? Gather information First check whether you are eligible for Dutch citizenship. The conditions are referred to in this publication. A handy checklist is included at the back. Also check whether you have to renounce your current nationality if you become a Dutch national. If things are still unclear, consult www.ind. nl or call telephone number 0900 1234561 (€ 0.10 p.m. plus the costs for using your mobile phone). From Bonaire, St. Eustatius or Saba you should call +31 20 889 30 45 (this number cannot be called from within the Netherlands). You can also contact the Netherlands Caribbean IND Unit. Collect documents If you think you fulfil the conditions for naturalisation, you can contact the Netherlands Caribbean IND Unit. A member of staff at that office will ask you to bring along a number of documents, depending on your personal situation. Among others, the following documents can be requested: • A valid passport (yours, your partner’s and your children’s). • A valid residence permit (yours, your partner’s and your children’s). • An original birth certificate (if born abroad; can be obtained from your country of birth). • An original marriage certificate or a certificate of registered partnership (if you want to become a Dutch national based on marriage or registered partnership with a Dutch national and if the marriage was concluded abroad). • Proof that you have cohabited with a Dutch national for 3 years or longer if you want to apply for Dutch citizenship on these grounds. • A naturalisation test certificate, civic integration diploma or comparable diploma. Fill in the application for naturalisation as a Dutch national Fill in the Application for naturalisation as a Dutch national together with a member of staff at the Netherlands Caribbean IND Unit. If your partner also wants to be naturalised, s/he must also be present when the application for naturalisation is submitted. If you have children who live in Bonaire, St. Eustatius or Saba and who have a valid residence permit, you can also apply for Dutch citizenship on their behalf. Their names and dates of birth must then be filled in on the form. Incidentally, children aged between 16 and 17 must themselves state that they agree to the application for (co-)naturalisation. They must sign the document and must be present, therefore, when the application for naturalisation is submitted. Translation and authentication of foreign documents The Netherlands Caribbean IND Unit must be able to read and establish the authenticity of foreign documents (birth certificate, marriage certificate and the like). Consequently, the following rules apply: • If the document is drawn up in any language other than Dutch, English, German or French, you must arrange for a Translation preferably in Dutch. This translation must be done by a translator who has been sworn in by a Dutch court. If you do not have the document translated in Dutch by a translator who has been sworn in by a Dutch court, but abroad, the translation must also have been legalised. • The Netherlands Caribbean IND Unit may ask you to arrange for the documents to be legalised in their country of origin. In that case, a check will have to be made as to whether the document has been issued by the proper authority or authorities. The translation and legalisation of documents can take several months, and the related costs will be for your account. For further information about the translation and legalisation of documents please contact the Netherlands Caribbean IND Unit or the Ministry of Foreign Affairs (please refer to Chapter 7 for the telephone number). Fill in a form Besides filling in and signing the application for naturalisation as a Dutch national, you also have to fill in a form stating that you are prepared to make a declaration of solidarity during the naturalisation ceremony. By making the declaration of solidarity, you state that you know that the laws of the Kingdom of the Netherlands (the Netherlands, Aruba, Curacao and St. Maarten) also apply to you. You make the declaration of solidarity in person and in Dutch. If you do not make the declaration of solidarity, you cannot become a Dutch national. Sign the declaration of willingness If you become a Dutch national, you must in principle renounce your current nationality. You have to sign a declaration to this effect when you submit your application for naturalisation. In this declaration you indicate that you are going to renounce your current nationality. You can also indicate that you think that you do not have to renounce your nationality. The applicable exceptions are referred to in Chapter 3. After you have signed the declaration you will be obliged to renounce your current nationality once you have become a Dutch national. You will then no longer be able to invoke an exception. It is therefore important that you Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 11 investigate how exactly to renounce your nationality, whether it costs money and what the consequences are. Before signing the declaration of willingness you should contact the authorities of the country of your current nationality. Confirm or change your name You may have to confirm or change your name. You can also ask for this to be done. Your name may have to be confirmed or changed in the following instances: • You do not have a surname or first name (but only a name or a number of names on the basis of which no distinction can be made between surname and first name(s). • Your name is difficult to pronounce for Dutch people. • Your name is difficult to write in Dutch. If you have acquired your husband’s name through marriage, you can have your surname changed to your maiden name. Interview with children under 18 If your children are aged 12 or older, the member of staff at the Netherlands Caribbean IND Unit will ask them what they think about Dutch citizenship. Children aged between 12 and 16 do not have to become Dutch citizens if, in addition to the child itself, one of the parents objects to Dutch citizenship. If only the child or the other parent object, the government will decide. Children aged 16 and over can decide themselves whether they want to become a Dutch national or not. Minors may retain their current nationality if one or both parent(s) become Dutch national(s) unless the legislation of the country of their nationality determines otherwise. Pay procedure costs The naturalisation procedure costs money. The amount payable depends on the nature of your residence permit and the question whether it concerns a single or a joint application. You must also pay for minor children included in your application for naturalisation. The amount must be paid when you submit the application. You will not find any information in this publication about the costs or about a possible exemption to pay charges. If you want to know what the costs are in advance, please visit www.ind.nl or call 0900 1234561 (€ 0.10 p.m. plus the costs for using your mobile telephone). From Bonaire, St. Eustatius or Saba call +31 20 889 30 45 (this number cannot be reached from the Netherlands). You can also contact the office of the Netherlands Caribbean IND Unit. Your money will not be refunded if your application has been rejected. The charges are considered be a contribution to the costs of the investigation. Assessment of your application for naturalisation Once the official at the Netherlands Caribbean IND Unit has collected all the necessary information, he will carry out an investigation. He will check whether your identity has been sufficiently confirmed and whether you have a criminal record. Thereafter the employee will send your file to the IND in the Netherlands. The IND assesses your application for naturalisation. If your application is granted, a proposal for the granting of Dutch citizenship will be submitted to Her Majesty the Queen. The Queen ultimately bestows Dutch citizenship. Response to your application for naturalisation In the end you may receive two responses to your application for naturalisation: 1. Your application for naturalisation is granted and the Lieutenant Governor invites you to a naturalisation ceremony. You will acquire Dutch nationality if you are issued with a naturalisation decision at the naturalisation ceremony after you have made the declaration of solidarity. 2.Your application for naturalisation is rejected. You will receive a letter explaining why you cannot become a Dutch national. You can lodge an objection to this decision if you wish. The procedure is described in the letter. If you have also applied for Dutch citizenship for your children, this may, in certain circumstances, be refused separately from your application for naturalisation. The ceremony Becoming a Dutch national is a special event. That is why the Lieutenant Governor organises special meetings during which the significance of Dutch nationality and your solidarity with Dutch society and the society of Bonaire, St. Eustatius or Saba is highlighted. This naturalisation ceremony is open to everyone who has become a Dutch national by option or naturalisation. You are obliged to attend the ceremony. You only become a Dutch national if you attend the naturalisation ceremony, make the declaration of solidarity in person and in Dutch and are issued with the decision regarding your application for naturalisation. If you fail to attend the naturalisation ceremony, you will be sent a new invitation to attend a subsequent ceremony. You must appear in person at the naturalisation ceremony within 1 year after signing the naturalisation decision, otherwise you will not acquire Dutch nationality. If 1 year has passed, you will have to restart the naturalisation procedure in order to become a Dutch national. You will also be unable to become a Dutch national if you do not make the declaration of solidarity (in Dutch) at the naturalisation ceremony. You are only exempt from attending a naturalisation ceremony in very exceptional circumstances. If you think that exceptional circumstances apply in your case, you can contact the Lieutenant Governor. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 12 Minor optants who were older than 16 or 17 at the time at which the application for (co-)naturalisation is submitted are also obliged to attend the ceremony if it concerns an independent application for naturalisation. Minor (co-) naturalisation applicants who are under the age of 16 are not summoned to attend the naturalisation ceremony, but may attend if they wish to do so. Their parent or legal representative will be summoned to attend and is also obliged to do so. These minor optants will only properly acquire Dutch nationality if their parent or legal representative attends the naturalisation ceremony and makes the declaration of solidarity. Minor (co-)naturalisation applicants who were 16 or 17 at the time at which the application for (co-)naturalisation is submitted are also obliged to attend the ceremony. Minors who are aged 16 or 17 and who submit an application for naturalisation independently are also obliged to make the declaration of solidarity. Renouncing your current nationality If you have attended the naturalisation ceremony and have acquired Dutch nationality, you still have to renounce your current nationality. You have to prove that you have renounced your current nationality. Failure to do so may result in your Dutch nationality being retracted. Some exceptions apply (see Chapter 3). In addition, the legislation of the country of your current nationality also stipulates whether you must, or can, renounce your current nationality. Duration of the procedure The assessment and approval of your application for naturalisation will take (a maximum of ) 1 year. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 13 6. Benefits and consequences You are about to become a Dutch national. That is quite a step. That is why it is good to be aware of the consequences of Dutch citizenship. Certain things will change if your application for naturalisation is granted or your option statement confirmed. The most important consequences are listed below: • As a Dutch national your details will be entered into the Municipal Administration. That sounds like a formality but it is, in fact, very important. The personal details in the Municipal Administration (Gba) are used as a basis for all kinds of documents, for example a Dutch passport. • You will be able to apply for a Dutch passport. A Dutch passport means, in any event, that you are free to travel to any country in the European Union. Alternatively you can opt for a Dutch identity card. • You will be able to vote in elections. • Your minor children will also become Dutch nationals. This only applies if you have included your children in your application for naturalisation. Moreover, if your children are aged 12 or older, they must also want to become Dutch nationals, of their own accord. • You will no longer be a foreign national. Your details will be removed from the Aliens Administration System. You must hand in your residence permit. The same applies to any alien’s or refugee passport. • You have to renounce your current nationality. In principle you have to renounce your current nationality once you become a Dutch national. This does not apply to people covered by one of the exceptions referred to in Chapter 3. If you do not renounce your current nationality despite this being obligatory, your Dutch nationality may be retracted. Note! If it transpires that you have committed fraud while acquiring Dutch nationality, your Dutch citizenship will be retracted. This can even be done up to 12 years after you have acquired Dutch nationality, even if that means you become stateless. You may lose your Dutch citizenship automatically if you voluntarily join the armed forces of a state involved in hostilities against the Netherlands or against an alliance to which the Netherlands is party. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 14 7. FAQs The following are a number of questions (and answers) which the IND often has to deal with. Even more questions can be found on the website: www.ind.nl. Where can I find additional information on legalising documents? For information on the legalisation of documents (birth certificates, marriage certificates) you can call the legalisation department of the Ministry of Foreign Affairs between 9.00 am and 12.30 pm on +31 70 348 4844. Alternatively you can surf to: www.minbuza.nl. When can I apply for a Dutch passport? You can apply for a Dutch passport after you have attended the naturalisation ceremony, have made the declaration of solidarity and have taken receipt of the option confirmation or the notice that Dutch citizenship has been granted. You should bear in mind that the Registrar of births, marriages and deaths will need some time to adjust your details. What happens to my children when I become a Dutch national? In principle your (underage) children will then also be Dutch nationals, but this only applies if you have included your children’s details in your option statement or application for naturalisation. If your children are aged 12 or older, they must also declare themselves that they want to become Dutch nationals. Your children also have to have a valid residence permit. How long does the naturalisation procedure take? There are three parts to the naturalisation procedure. One involves de the Netherlands Caribbean IND Unit, one the IND in the Netherlands and one the Lieutenant Governor’s office (the naturalisation ceremony). The total procedure will take a maximum of 1 year. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 15 8. More information Do you still have questions after reading this publication? Please visit www.ind.nl or contact the Netherlands Caribbean IND Unit. You can contact the IND in the following ways. Legalisation department of the Ministry of Foreign Affairs between 9 am and 12.30 pm on: +31 70 348 4844, or visit the website www.minbuza.nl. Living, working or studying in the Netherlands Telephone The IND can be contacted on 0900 1234561 (€ 0.10 p.m. plus any additional costs charged by your operator if you are calling from a mobile phone), weekdays between 09.00 and 17.00. When calling from Bonaire, St. Eustatius or Saba you can use +31 20 889 3045 (this number cannot be used if you are telephoning from within the Netherlands). If you have a question about a current application, please have the following information ready: • Your surname and first name (and, if applicable your maiden name) • Your place and date of birth • Your nationality Letter or email General questions Immigratie- en Naturalisatiedienst Afdeling Voorlichting Postbus 3211 2280 GE Rijswijk Email: [email protected] In this publication, you will only find information provided by the IND. If you come to the Netherlands to live, work or study, you will also have to make arrangements with other organisations of the Government of the Netherlands. The website www.newtoholland.nl provides information about the arrangements to be made, the government agencies you may have to deal with, and at which moment. Personal Data Protection Act The Personal Data Protection Act (Wbp) places an obligation on the IND to inform you that the IND is the organisation which processes the data in your application. The IND does this to determine whether you are eligible for a Regular Provisional Residence Permit or a residence permit. The Minister of Justice is responsible for this. If you have any questions regarding the data processing procedure you can submit them in writing to the IND, Postbus 1200, 2280 CE Rijswijk. This is the department you must contact if you would like a summary of your personal data held on file. Following a request for such a summary you can ask to have your personal data changed, removed or blocked. Visit You can also go to one of the IND desks. You do not have to make an appointment for this purpose. Visit www.ind.nl for information about the nearest IND desk. Complaints If you have a complaint about the way in which the IND treated you, we advise you to visit www.ind.nl > Customer Service Information > Contact > Complaints and notice of default. You will find a complaints form here. Please complete this form, print it and send it by post to: Immigratie- en Naturalisatiedienst Postbus 5805 2280 HV Rijswijk Do you prefer to write a letter yourself? You can also send this letter to the above-mentioned postal address. For complaints you can also call 070 779 54 40. Any questions about authentication? For information regarding the authentication of documents (birth certificate, marriage certificate) please call the Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 16 Checklist 1: Are you eligible? For option You can become a Dutch national by making an option statement if you fulfil one of the following conditions: • You have attained your majority (in other words you are aged 18 or above. If you are younger than 18, you can still have attained your majority if you are or have been married), you were born in the Netherlands, Aruba, Curacao or St. Maarten as the child of immigrants and you have lived continuously since your birth in the Netherlands, Aruba, Curacao or St. Maarten, and you have a valid residence permit. • You were born in the Netherlands, Aruba, Curacao or St. Maarten, you have lived legally in these places for an uninterrupted period of at least 3 consecutive years and you have had no nationality since birth (you are stateless). You have to prove that you are stateless. ‘Legally’ means: having a valid residence permit. • You have attained your majority and you have lived legally in the Netherlands, Aruba, Curacao or St. Maarten since the age of 4. • You have attained your majority, are a former Dutch national and have lived in the Netherlands, Aruba, Curacao or St. Maarten for at least 1 year on the basis of a residence permit for an indefinite period of time or a residence permit for a non-temporary purpose of stay (see separate publication for former Dutch nationals). • You have been married to a Dutch national for at least 3 years and have lived legally in the Netherlands, Aruba, Curacao or St. Maarten for an uninterrupted period of at least 15 years. • You are 65 years of age or older and have lived legally in the Netherlands, Aruba, Curacao or St. Maarten for an uninterrupted period of 15 years. • You married a non-Dutch man before 1 January 1985 and lost Dutch nationality as a result. You can reacquire Dutch citizenship via the option procedure within 1 year after dissolution of that marriage. In this case, the conditions of legal residence in the Netherlands do not apply. • You were born before 1 January 1985 of a mother who was a Dutch national when you were born, while your father was not Dutch. • You were adopted before 1 January 1985 in the Netherlands, the Netherlands Antilles or Aruba by a court decision by a woman who was a Dutch national on the date that the court decision became effective. You were a minor on the date of the decision in the first instance. • You were born as a child of a person who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • You were acknowledged before you had reached the age of 7 years by a person who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • You were recognised as a minor of 7 years of age or older, but before you became of age, by your biological father who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • By court determination of paternity, you are the child of man who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. • You were adopted in the Netherlands, Aruba, Curacao or St. Maarten by court decision and you are the child of a man or woman who acquired Dutch citizenship by option pursuant to Section 6(1i) or Section 6(1j), or who died prior to the acquisition. You were a minor on the date of the decision in the first instance. • Finally, there is a separate regulation for children who were recognised or legitimised by a Dutch national after 1 April 2003 but before 1 March 2009. For more information about these option possibilities you can contact the office of the Netherlands Caribbean IND Unit. In all of the above cases, you are not permitted to be married to more than one man or one woman at the same time. Also, over the past 4 years you have not received a prison sentence, training order, community service order or large fine for a serious offence (under Dutch law). You may also not have any criminal proceedings for a serious offence pending against you. You must also be willing to renounce your current nationality. This rule only applies to option statements pursuant to Section 6(1) opening words and under (e) of the Netherlands Nationality Act (Rijkswet op het Nederlanderschap, Rwn) (from the age of 4 years admittance and main residence in the Kingdom). This category must sign a declaration of willingness (model 1.14-1a). For naturalisation You can submit an application for naturalisation if you fulfil all the conditions below: • You have attained your majority (in other words you are aged 18 or above. If you are younger than 18, you can still have attained your majority if you are or have been married). • You have lived legally (with a residence permit) in the Netherlands, Aruba, Curacao or St. Maarten for 5 years or longer. Note! Other conditions apply to people who are married to, are the registered partner of, or cohabit with, a Dutch national. • You have a residence permit for an indefinite period of time or a residence permit for a non-temporary purpose of stay. Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 17 • You can speak, read, write and understand Dutch or Papiamento (Bonaire) or English (St. Eustatius and Saba) and you can prove such with a civic integration diploma at A2 level or some other document. As of 1 January 2011, you will be tested on your knowledge of the Dutch language and Papiamento (Bonaire) or the English language. • You are not married to more than one man or woman at the same time. • Over the past 4 years you have not received a prison sentence, training order, community service order or large fine for a serious offence (under Dutch law). You may also not have any criminal proceedings for a serious offence pending against you. • You are prepared to make the declaration of solidarity during the naturalisation ceremony. • You are prepared to renounce your current nationality (this rule is subject to a number of exceptions). Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 18 Checklist 2: Which documents do you have to bring with you? To be filled in by a member of staff at the Netherlands Caribbean IND Unit The following documents are required to assess your application for naturalisation: • valid passport - your own - your partner’s - your children’s • valid residence permit - your own - your partner’s - your children’s • original birth certificate (if born abroad) - your own - your partner’s - your children’s (if included in your application) • original marriage certificate or a certificate of registered partnership (if you want to become a Dutch national based on marriage or registered partnership with a Dutch national and if the marriage was concluded abroad) • proof that you have cohabited with a Dutch national for three years or longer if you want to apply for Dutch citizenship on these grounds • naturalisation test certificate, civic integration diploma or comparable diploma • other documents The following documents must also be translated and legalised (see Chapter 5 for more information). Document Translation Legalisation Your original birth certificate Your partner’s original birth certificate Your children’s original birth certificate (if included in your application) Original marriage certificate Other documents Space for appointment Please bring the documents referred to above to an appointment on: Date: Time: Place: You have an appointment with: Costs of the request: Immigration and Naturalisation Service | How can you become a Dutch national? The procedure on Bonaire, St. Eustatius and Saba 19 This publication is an expenditure of: Immigration and Naturalisation Service www.ind.nl No rights can be derived from the contents of the publication. The text of this publication may be used if the source is mentioned. Oktober 2010 | Publication-no. 8040
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