Last Updated: Friday, 19 December 2014, 13:25 GMT

Netherlands Antilles: Whether persons born in 2002 in St. Martin are citizens of the Netherlands

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board of Canada, Ottawa
Publication Date 17 December 2008
Citation / Document Symbol ANT103031.E
Related Document Antilles néerlandaises : information indiquant si les personnes nées en 2002 à Saint-Martin jouissent de la citoyenneté néerlandaise
Cite as Canada: Immigration and Refugee Board of Canada, Netherlands Antilles: Whether persons born in 2002 in St. Martin are citizens of the Netherlands, 17 December 2008, ANT103031.E, available at: http://www.refworld.org/docid/49b92b30c.html [accessed 21 December 2014]
DisclaimerThis 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.

The Immigration and Naturalisation Service (IND) is the agency in the Netherlands that decides which foreign nationals can enter the Netherlands and whether they can become Dutch nationals (Netherlands n.d.a.). The IND's website states that there are two procedures – the "option procedure" and naturalization – for regaining Dutch citizenship and also provides the following information on the acquisition of Dutch citizenship:

The option procedure is the easiest and fastest way to acquire Dutch citizenship. In all cases you must have always had a valid residence document. In addition, you must belong to one of the following categories:

You are of full age, were born in the Netherlands and have resided in the Netherlands, the Netherlands Antilles or Aruba continuously since your birth.

You were born in the Netherlands, the Netherlands Antilles or Aruba, you have resided there for an uninterrupted period of at least 3 years and since your birth you have not held a nationality (you are stateless).

You are of full age and you have legally resided in the Netherlands, the Netherlands Antilles or Aruba since the age of 4.

You are of full age, you are a former Dutch citizen and you have resided in the Netherlands, the Netherlands Antilles or Aruba for at least 1 year on the basis of a permanent residence permit or a residence permit for a non-temporary purpose of residence (for instance family reunification or work as an employee).

You have been married to a Dutch citizen for at least 3 years and have legally resided in the Netherlands, the Netherlands Antilles or Aruba for an uninterrupted period of at least 15 years.

You are 65 or over and have legally resided in the Netherlands, the Netherlands Antilles or Aruba for an uninterrupted period of 15 years.

You are a minor, are acknowledged by a Dutch citizen and have been cared for and brought up by this Dutch citizen for an uninterrupted period of at least 3 years.

You are a minor and, as a result of a Court decision or by law at the time of your birth, are under the joint custody of a non-Dutch father or mother and another person who is a Dutch citizen. Since the start of this custody you have been cared for and brought up by this Dutch citizen for a period of at least 3 years. Since then you have also no longer had your principal place of residence in your country of origin. (ibid. n.d.b.)

The IND's website also states that one of the conditions for the acquisition of Dutch citizenship by naturalisation is for applicants to be "of full age." (ibid.).

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.

References

Netherlands. N.d.a. Immigration and Naturalisation Service. "Immigration and Naturalisation Service (IND)." [Accessed 16 Dec. 2008]
_____. N.d.b. Immigration and Naturalisation Service. "Op de Nederlandse Antillen en Aruba." [Accessed 15 Dec. 2008]

Additional Sources Consulted

Oral Source: The Royal Netherlands Embassy in Ottawa did not respond to a request for information within the time constraints of this Response.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

Search Refworld