Dutch Passport: Kroes Advocaten’s response to the extension of the naturalisation term to 10 years

We previously wrote about the new bill to amend the Dutch Nationality Act (Rijkswet op het Nederlanderschap, RWN) to extend the time limits for applying for Dutch nationality. This bill was submitted for consultation at the end of last year, and our firm, along with 3,226 others, submitted a response. We express our serious objections to the proposed amendments. In particular, we consider the extension of the naturalisation period from 5 to 10 years to be drastic and undesirable. This measure significantly increases the risk of residence gaps and may result in migrants only becoming eligible for Dutch citizenship again after a very long time, in some cases nearly twenty years or more.

Furthermore, we are critical of the deletion of Article 8(2) of the RWN, which means that former Dutch nationals and spouses of Dutch nationals can no longer naturalise from abroad. This restricts the international mobility of Dutch families and runs counter to the Dutch government’s policy, which is intended to encourage international orientation and opportunities across borders.

We also consider the removal of the exemption for foreign nationals who have resided in the Netherlands for a total of ten non-consecutive years (Article 8(3) of the Dutch nationality act) to be undesirable. This provision currently offers a sound solution for long-term residents with a (short) gap in their residence. Deleting this article could lead to excessively long waiting times for naturalisation.

We conclude that the bill is insufficiently justified and has disproportionately adverse consequences for various groups, including highly skilled migrants, former Dutch nationals and Dutch nationals with a foreign spouse. We therefore advise against implementing the bill.

The consultation has now closed. Following the consultation period, all responses will be reviewed and the bill may be amended. To be continued…

Feel free to contact our Nationality Desk in case of any questions: nationalitydesk@kroesadvocaten.nl