How can you become a Dutch national? The procedure on Bonaire

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
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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.
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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.
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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)
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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
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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.
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-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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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• 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).
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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:
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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