Dual Citizenship Netherlands/USA

[metropolis2k 0]

Hi VJ'ers,

I just had the conditions on my greencard lifted and am now in the 'should I become a US citizen in a year or not?' stage. Now I have a question: Can I become a US citizen and remain a dutch citizen at the same time. Doing some research on the dutch embassy/consulate website it appears I can, just would like to hear from people (preferably dutch people living in the US) that have experience with this. Also would love to know how this could benefit me and what rights I still would have if I would remain a dutch citizen after naturalization.

I appreciate all you guy's info on this!

B) Rudy B)

[gag54611 1]

I am a dual US/UK citizen. No problems, so long as you use your US passport to enter and leave the USA. You can use your Dutch passport to enter and leave The Netherlands.

There are lots of opinions on the good and bad of dual citizenship. Personally I don't see any bad issues. Good issues include having the ability to vote, the ability to be employed by government agencies. One less known benefit concerns inheritance tax. If your US spouse was to die and you inherited all of her assets, as a permanent resident you would not be allowed to take the married persons deduction (I think that is what it is called). The consequence is that the government would take a very large slice of those assets.

There is a way around this, called a Qualified Domestic Trust, and it might be worth your while looking into for the short term.

Beste wensen (Is that good ABN? I still remember a little bit of my Dutch from my 6 years in Antwerpen in the 80s),

G

[metropolis2k 0]

IBeste wensen (Is that good ABN? I still remember a little bit of my Dutch from my 6 years in Antwerpen in the 80s),

G

That would be 'veel geluk' in ABN haha. Thanks for your reply G, I appreciate that info. I guess I will apply for citizenship a year from now IF I'm lucky enough to have 400 dollars at that time hehe.

[keltic 1]

i hope this is ok to add here... just to save starting a whole new thread on something that is very similar...

my dutch hubby and i are expecting a baby in the beginning of the new year... ive been trying to find information on dual citizenship for netherlands/america... i have found tons of it on UK and canada... and im not sure that what i have found is very detailed so far as what exactly needs to be done...

if i am reading correctly, we just take a certified birth certificate to the dutch consulate near us and they will legalize it so that it can be registered at the hague... im not sure if anything else needs to be done at that point... it seems too easy after all the other forms and fees weve had to shell out to get him here and to be able to stay... but im not sure when we would need to try to get a passport for the baby, what the benefits of it will be, if there is redtape on the other end of it (in holland)...

so, just wondering if anyone here has been thru this recently and what their personal experiences might have been...

thanks for any help

[jolanda 0]

this might help, site is in dutch

http://www.minbuza.nl/nl/reizenlanden/nede...ederlanderschap

[zyggy 9]

From the Dutch COnsulate Website...

I would like to acquire another nationality

I am a Dutch citizen. What are the consequences for my Dutch nationality?

If you acquired another nationality voluntarily before 1 April 2003, you automatically lost your Dutch nationality.

However, if you voluntarily acquired another nationality on or after 1 April 2003, under the amended Act you still lost your Dutch nationality, but the following exceptions apply since that date.

You will not lose your Dutch nationality:

a) if you were born in the country of your other nationality and have your principal residence there when you acquire the nationality of that country;

B) if, before you turned 18, you had your principal residence in the country of your other nationality for an uninterrupted period of five years;

c) if you are married to a person who possesses the nationality you wish to acquire.

NB: The above exceptions do not apply in all cases. For example, under the provisions of a convention on the prevention of multiple nationality (*), they do not apply if you acquire the nationality of Austria, Belgium, Denmark, Luxembourg or Norway. Before applying for another nationality, ask a Dutch embassy or consulate whether you will lose your Dutch nationality.

(*) The Netherlands has been a party to this Convention since 10 June 1985. For more information click here .

You have acquired another nationality and qualify as an exception. How can you prove this?

If you reapply for a Dutch passport at the Dutch embassy or consulate, you must state on the application form that you possess another nationality in addition to Dutch nationality. You must demonstrate when you acquired this nationality by submitting your naturalisation certificate. If you acquired another nationality voluntarily before 1 April 2003, you lost your Dutch nationality automatically. It may be possible for you to regain your Dutch nat ionality. Look under the heading I have lost my Dutch nationality. How can I regain it?

If you acquired another nationality on or after 1 April 2003, you will have to prove by means of official and if necessary legalised documents that you qualify as one of the exceptions listed under a., b. or c. If you qualify under c. (you are married to someone with the nationality you have acquired), you will need your naturalisation certificate, your marriage certificate and evidence that your spouse possesses the nationality you have acquired.

Example 1

You are a Dutch citizen and have been married to an American woman since 1999. You acquired US nationality on 5 February 2004. If on that date you were still married to a US citizen you do not lose your Dutch nationality. You acquired US nationality after 1 April 2003 and therefore qualify as an exception under c (above).

Example 2

You are a Dutch citizen married to a Belgian since 2000. You acquired Belgian nationality on 8 April 2004. You automatically lose your Dutch nationality even if you are married to a Belgian because the Netherlands and Belgium are both party to a convention to avoid multiple nationality. Exception c (above) does not apply to you.

Example 3

You are a Dutch citizen and have been married to a Canadian since 1975. Your Canadian husband died on 3 May 2003. You acquired Canadian nationality on 7 January 2004. You automatically lost your Dutch nationality since you are no longer married to a Canadian citizen (since marriage is dissolved through death or divorce) and do not qualify under exception c. But if you lived in Canada for an uninterrupted period of five years before you reached the age of 18, you do not lose your Dutch nationality and qualify under exception b (above).

Can my children become Dutch citizens...

if I acquire or regain Dutch nationality?

Children who are minors may apply for Dutch nationality when you do. Their names must be specifically listed in the application and in the confirmation that Dutch nationality has been acquired. If you have submitted an application for naturalisation, their names must be mentioned in the application and in the naturalisation decree. They must still be minors on the date on which the confirmation or decree is issued.

* Children younger than 12 are not required to accompany you to the Dutch embassy or consulate.

* Children aged from 12 to 15 are not required to accompany you to the Dutch embassy or consulate. They are however allowed to express their views on acquiring Dutch nationality. If you do not bring them with you, they will receive a letter from the embassy or consulate asking them what their views are.

* Children aged from 16 to 17 must visit the Dutch embassy or consulate themselves in order to express their views on acquiring Dutch nationality. They can only acquire Dutch nationality along with you if they have given their consent.

There are three ways of acquiring Dutch nationality.

1. By law (automatically)

2. Through the option procedure

3. Through naturalisation

1. By law (automatically)

A. By birth

Every child born of a married Dutch father or mother automatically acquires Dutch nationality, even if he or she is born outside the Netherlands, as does the child of an unmarried Dutch mother. NB: Children born before 1 January 1985 of a Dutch mother and a foreign father did not as a rule acquire Dutch nationality by birth.

B. By acknowledgement before birth (acknowledgement of foetus)

The child of a foreign mother who is acknowledged before birth by an unmarried Dutchman automatically acquires Dutch nationality.

C. By adoption subject to certain conditions

For information on adoption please apply to the Dutch embassy or consulate in the country in which you live.

Click here for a list of countries that have signed up to The Hague Convention on Intercountry Adoption. The Netherlands has been a signatory since 1 October 1998. If you live in the Netherlands and wish to adopt a foreign child, go to the Ministry of Justice website for more information (in Dutch only).

D. By judicial declaration of paternity subject to certain conditions

For more information contact the Dutch embassy or consulate in your country of residence

Formalities regarding birth abroad

How do I register a foreign birth certificate in the Netherlands?

Only once a foreign birth certificate has been legalised can it be registered in the Dutch municipal personal records database (GBA).

In addition you are strongly advised to register a foreign birth certificate with the civil register of the municipality of The Hague (Foreign Documents Department - afdeling Landelijke Taken). You can do this even if you live abroad, provided the birth certificate is that of a Dutch national. For more information, contact the Foreign Documents Department of the municipality of The Hague, telephone: +31 70 353 2813/3145 (between 08.00 and 16.00 Dutch time). You can also consult the information in Dutch on the website of the municipality of The Hague (www.denhaag.nl) on the page 'Buitenlandse akten, inschrijving in Nederland'.

How do I legalise a foreign birth certificate?

Before your can register a foreign birth certificate in the Netherlands, you have to get it legalised, first by the competent authority in the country where the child was born and then by the Dutch mission in that country.

You may be unable to get the birth certificate legalised in the country where the child was born. If so, the legalisation counter at the Ministry of Foreign Affairs in The Hague may be able to help you. But remember that the Ministry will charge you for helping get documents legalised.

For more information, contact the consular department of the local Dutch embassy or the consulate general. Or phone the Ministry of Foreign Affairs Legalisation Department (DPV/DF), open daily from 09:00 to 12:30. Tel.: 070 - 348 4787 / 5901.

Can Dutch missions abroad issue civil register documents?

The Consular Decree empowers a limited number of heads of Dutch embassies and consulates-general to issue civil register documents for Dutch nationals living in the area covered by that embassy or consulate-general.

If you are unable to register the birth of your child with the local authority, contact the local Dutch embassy or consulate-general. It will inform you whether it is competent to produce a Dutch consular birth certificate.

Request Dutch Passport - First Time Application

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Information for:

* Minors, younger than 18 years of age, own passport application

* Parent(s) who want to add child(ren) younger than 16 years of age to their passport(s)

Adults, age 18 or older, who want to apply for a Dutch passport for the first time are requested to contact the Dutch Embassy or Consulate to discuss their situation and exact requirements.

IMPORTANT

Please note that legalization is required for all certificates (e.g. birth, marriage, divorce, death certificates) issued outside the Netherlands. Both certificate and proof of legalization have to be issued recently: maximum validity 1 year after issuance.

An apostille stamp on the certificate is the required type of legalization for documents issued in the US. The apostille stamp differs from a 'raised seal', these are two separate things. More information about legalization/authentication Legalization & Apostilles

WHAT TO BRING

1. Recently issued legalized birth certificate (i.e. not older than 12 months)indicating the names of the parent(s)and the name of the city/town of birth. Birth certificates issued by hospitals are not accepted. Legalization is not the same as a 'certified' document or 'raised seal'. More >> Legalization & Apostilles

2. Proof of US residency:

* Alien Registration Card, OR

* US visa with white I-94 card and I-20/DS2019 form when student OR

* US passport, if applicable and if already applied for

3. Two recent pictures (not older than 3 months): Follow this link for detailed instructions. Please do not cut the pictures, the Embassy or Consulate will cut them to the right size.

4. Passport application form signed by both parents.

In case of sole custody or guardianship, the original court order carrying proof of legalization (e.g. apostille), stating the sole custody or guardianhip, has to be submitted. Only the one parent that has the custody or guardianship has to sign the application form.

5. Original passports of both parents

6. Proof of US residency of both parents:

* Alien Registration Card, OR

* US visa with white I-94 card,and I20/DS2019 form when student OR

* US passport, if applicable (please note that Dutch law only allows dual nationality in certain situations)

7. Recently issued and legalized marriage certificate (i.e. not older than 12 months)of parents. If you are not married or want to know the qualification requirements, please contact the nearest Dutch Embassy or Consulate General to discuss your situation.

8. Who should apply?

* The minor accompanied by both parents to apply in person, OR

* One of the parents together with the minor have to apply in person. The signature of the other parent then has to be notarized by a 'notary public'.

* Non Dutch parents need to sign a parental consent form in the presence of a notary public or consular officer.

FAQ's

* My child needs a Dutch passport but I have no contact with the father. What do I do?

o If the father is on the birth certificate, you do need the consent of the father.

o If the father is not on the birth certificate, then only the mother's signature is required.

o If the father is on the birth certificate but you have sole custody over the child, a court order - carrying proof of legalization (e.g. apostille) - stating that you have sole custody over the child will be required. In the latter case only the mother's signature will be required.

* I need to give my consent for my child to get a Dutch passport but I do not live in the same country as my child. What should I do?

o Go to the nearest Dutch embassy or consulate with your passport and full name, date and place of birth of your child. You can fill out a form of consent over there that will be forwarded to the appropriate Embassy or Consulate.

o If you live in The Netherlands you can sign a form of consent at city hall ('gemeentehuis' of 'stadsdeelkantoor').

OPENING HOURS

For exact opening hours and days of operation of the consular office, please check the Embassy or Consulate General's website.

PROCESSING TIME

The processing time for all passport requests is about 2 weeks. Since passports are printed in the Netherlands, it is not possible to collect your passport sooner.

FEES

* For fees of the various services, please go to Consular Fees

PICTURE REQUIREMENTS

o Pictures must be recent (not older than 3 months)

o Picture type: Passport

o Head position: Full face. Photo has to be taken against a plain, light grey background

o Color

o Picture size: Follow this link for detailed instructions.

ADDING CHILDREN (<16 years) TO PASSPORT OF THE MOTHER and/or FATHER

Children of any age can have their own passport. Until the age of sixteen, the child(ren) can also be added to the passport(s) of the parent(s). The rule is "OR/OR": or the child can have a passport of its own, or it can be added to the passport(s) of its parent(s). "AND/AND" is not possible.

To add a child to your passport, consent of both parents is always necessary, even if the child has been added to your passport before. The parental consent to add the child to the passport can be proven by both parents by signing the passport application form in person at the Consular office, or by means of the parental consent form.

For all requirements that need to be submitted, please read the 'What to bring' paragraph on this page.

For more information: http://www.cgchicago.org/homepage.asp

Edited August 31, 2006 by zyggy