Netherlands Antilles: Whether citizens of the Netherlands Antilles have citizenship in the Netherlands; citizenship and residency rights conferred to children born in the Netherlands Antilles to parents who are not citizens
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Publication Date||6 April 2012|
|Citation / Document Symbol||ANT103431.E|
|Related Document||Antilles néerlandaises : information indiquant si les citoyens des Antilles néerlandaises détiennent la citoyenneté des Pays-Bas; information sur la citoyenneté et les droits de résidence des enfants nés dans les Antilles néerlandaises de parents qui n'ont pas la citoyenneté de cet État|
|Cite as||Canada: Immigration and Refugee Board of Canada, Netherlands Antilles: Whether citizens of the Netherlands Antilles have citizenship in the Netherlands; citizenship and residency rights conferred to children born in the Netherlands Antilles to parents who are not citizens, 6 April 2012, ANT103431.E, available at: http://www.refworld.org/docid/507534782.html [accessed 29 January 2015]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Media and government sources indicate that citizens of the Netherlands Antilles hold Dutch citizenship rather than a separate citizenship (Netherlands Antilles 25 Mar. 2010; ibid. 27 Mar. 2010; AP 15 May 2005; IHS Global Insight 20 May 2005). In correspondence with the Research Directorate, the Head of the Cabinet of the Governor's Office of Saint Maarten, Netherlands Antilles and a representative of the Civil Registry in Saint Maarten both stated that birth in the Netherlands Antilles does not confer the right to Dutch citizenship (Netherlands Antilles 25 Mar. 2010; ibid. 27 Mar. 2010). Citizenship Laws of the World similarly states that birth within the territory of the Netherlands does not automatically bestow the right to Dutch citizenship; instead, citizenship is awarded to children of Dutch citizens (US 2001).
According to the website of the Governor of Saint Maarten, children born in the Netherlands Antilles to non-nationals are subject to the Law on Admittance and Expulsion and require a residency permit (Netherlands Antilles n.d.). The website indicates that parents are required to submit a request for a residency permit for their child at the Office of the Local Chief of Police (ibid.). According to the Head of the Cabinet, if the child's parents legally reside in the Netherlands Antilles and have sufficient income to support the child, then the child will be granted temporary residence (Netherlands Antilles 25 Mar. 2010). The Representative of the Civil Registry stated that children born of legal residents are "automatically" residents, but require registration with the Immigration Department (ibid. 27 Mar. 2010). However, he noted that the children born of illegal residents do not have any residency rights (ibid.). The Head of the Cabinet similarly indicated that if the parents reside in the Netherlands Antilles illegally, then the child risks being deported along with his or her family (Netherlands Antilles 25 Mar. 2010).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Associated Press (AP). 15 May 2005. Marvin Hokstam. "Islanders Fume at Netherlands Proposal to Send Jobless Youths Back to Caribbean." (Factiva)
United States (US). 2001. Office of Personnel Management. "Netherlands." Citizenship Laws of the World
IHS Global Insight. 20 May 2005. Kate Joynes. "Cabinet Crisis for Disintegrating Antillean Alliance." (Factiva)
Netherlands Antilles. 27 March 2010. Civil Registry. Correspondence with a senior back office worker.
_____. 25 March 2010. Cabinet of the Governor's Office, Saint Maarten. Correspondence with the Head of the Cabinet.
_____. N.d. Cabinet of the Governor's Office, Saint Maarten. "Does My Child, Born in the Netherlands Antilles, Need a Residency Permit?" <<http://www.governorsxm.com/index.php?option=com_content&task=view&id=95&Itemid=37> [Accessed 23 Mar. 2010]
Additional Sources Consulted
Oral Sources: Officials at the Netherlands Front Office and the Embassy of the Kingdom of the Netherlands in Ottawa were unable to provide information.
Internet sources, including: The Embassy of the Kingdom of the Netherlands in Ottawa, the Netherlands Department of Justice, the Netherlands Front Office, the Netherlands Ministry of Foreign Affairs, the Royal Netherlands Embassy, Washington, DC.