The State Secretary for Justice and Security has determined that holders of a ‘Chavez-Vilchez’ residence permit can now also qualify for Dutch citizenship. They no longer first need to convert their permit to a non-temporary purpose of stay. However, the other conditions for a Netherlands passport must be met, such as the minimum period of residence of 5 years in the Netherlands and obtaining the civic integration diploma.

The State Secretary has taken this decision in response to the judgment of 7 September 2022 by the Court of Justice of the EU. In this judgment, the Court ruled that a Member State may not deny a holder of a Chavez-Vilchez right of residence the EU residence permit for long-term residents on the grounds that the Chavez-Vilchez right of residence is temporary in nature. Although the judgment explicitly concerns the EU residence permit for long-term residents, the Secretary of State has decided that the non-temporary nature of the Chavez-Vilchez right of residence also applies to naturalisation.

Click here for an explanation of the new working method (IB 2023/6 consequences of E.K. judgment for Chavez right of residence).

The new policy choice of the Secretary of State means that holders of a Chavez permit now:

• Can act as a sponsor for their family members;
• Be eligible for a regular permanent residence permit; and
• Being able to naturalise.

How will this affect all pending procedures?

Holders of a Chavez permit whose (regular) residence permit for an indefinite period has been rejected – because the Chavez right of residence did not count – can still be granted an appeal. This also applies to rejected applications for naturalization.

In the event of a negative decision against which no further objection or appeal can be lodged, a new application or request for naturalization can be submitted against payment of fees.