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Nationality - what would you do?

74 replies

Dahlemma · 26/06/2024 20:16

My 21 yo son has dual British and Dutch nationality. Born and lived in uk, Dutch father. He’ll lose his Dutch nationality if in the next 10 years he doesn’t live in a Dutch territory or EU country.

I can envisage that he will live in Holland or the EU in that time, however if he doesn’t, he’ll have to relinquish one of his passports. Obviously it’s 10 years away and things change however if the choice was to be made now, which would you keep?

OP posts:
Dahlemma · 26/06/2024 22:50

Helar · 26/06/2024 22:44

If it were me I would take advice from an immigration lawyer on the consequences of renouncing citizenship.

I would be very very cautious. In addition to any immediate consequences, consider that rules can also change in the future and he would be making himself essentially into a foreign person with no automatic right to actually live in his home country.

Our family has been affected by such an issue, in a different country - not being citizens seemed unimportant at one time but rules changed and it became a difficulty in unanticipated ways many years down the line.

Good advice and worth the spend - thank you

OP posts:
Dahlemma · 26/06/2024 22:54

@MyGardenIsAmess i think what I don’t fully grasp is the implication of son being born a UK citizen then acquiring Dutch citizenship. The examples in the linked article appear to be the other way around. The exceptions don’t apply (currently). If it is as simple as a visit to the passport office in Birmingham every 10 years then that’s fine but that’s not how I’m interpreting the rules

OP posts:
Silverblue1985 · 26/06/2024 23:02

Does this not mean that he only has to keep renewing his passport?

”Important
The 13-year period stops in the following situations:

  1. You live for more than one year in the Netherlands, Aruba, Curaçao or St Maarten, or in the European Union, or
  2. You apply for and are issued a valid Dutch passport, or
  3. You apply for and are issued a valid Dutch identity card, or
  4. You apply for and are issued a certificate of Dutch nationality. This
is a certificate issued under section 15, subsection 4 of the Netherlands Nationality Act, which deals with the possession of Dutch nationality. You can find more information about this on the central government website.”
MyGardenIsAmess · 26/06/2024 23:03

Dahlemma · 26/06/2024 22:54

@MyGardenIsAmess i think what I don’t fully grasp is the implication of son being born a UK citizen then acquiring Dutch citizenship. The examples in the linked article appear to be the other way around. The exceptions don’t apply (currently). If it is as simple as a visit to the passport office in Birmingham every 10 years then that’s fine but that’s not how I’m interpreting the rules

Can you contact the Dutch embassy and find out for sure? I'm also currently renewing my son of the same ages passport, but that's all we have to do.

Dahlemma · 26/06/2024 23:06

Silverblue1985 · 26/06/2024 23:02

Does this not mean that he only has to keep renewing his passport?

”Important
The 13-year period stops in the following situations:

  1. You live for more than one year in the Netherlands, Aruba, Curaçao or St Maarten, or in the European Union, or
  2. You apply for and are issued a valid Dutch passport, or
  3. You apply for and are issued a valid Dutch identity card, or
  4. You apply for and are issued a certificate of Dutch nationality. This
is a certificate issued under section 15, subsection 4 of the Netherlands Nationality Act, which deals with the possession of Dutch nationality. You can find more information about this on the central government website.”

Thanks @Silverblue1985, can you link me to that? The website I read was an “and” rather than “or” scenario. If this is right then I can calm down! Though I still think time in Europe will be invaluable

OP posts:
Silverblue1985 · 26/06/2024 23:10

Dahlemma · 26/06/2024 23:06

Thanks @Silverblue1985, can you link me to that? The website I read was an “and” rather than “or” scenario. If this is right then I can calm down! Though I still think time in Europe will be invaluable

It’s in the document you linked :) Page 3.

Dahlemma · 26/06/2024 23:14

Thank you @Silverblue1985 😊 my bloody missing glasses!

OP posts:
Dahlemma · 26/06/2024 23:17

So essentially, if you maintain your passport within the expiry period you are ok, regardless of where you live? If so my son’s Italian colleague came through!

OP posts:
Gandalfsdaughter · 26/06/2024 23:26

Another Dutch citizen here with dual nationality children. Absolutely sure that the dcs only need to ensure they keep renewing their Dutch passports on time and they will keep their dual nationality. I’ve told them to never let their Dutch passports expire to be on the safe side.
Your son really does not have to spend time in EU to keep his EU passport.

LondonFox · 26/06/2024 23:29

Dahlemma · 26/06/2024 21:28

There is no definition. Wee we wondered could he set up an address at his uncles home for instance. That’s simplistic I know but that’s what we’re exploring.

Yes and he would probably need to pay some sort of medical contribution and have a bill in his name as a proof he is actually living there.
Not Duch but a lot of people do it in other eu countries.

Dahlemma · 26/06/2024 23:33

Thanks everyone for helping and perspectives

OP posts:
TheBestFriend · 26/06/2024 23:43

ALunchbox · 26/06/2024 21:09

So would relinquishing British nationality mean he couldn't come back here unless he met certain criteria (salary threshold etc)? If so I can see why it's be tricky. Is his life here?

He doesn’t need to relinquish British citizenship in any scenario as Britain allows dual nationality. British passport remains.

It’s the question of whether he can keep Dutch or not.

ButterCrackers · 27/06/2024 07:23

What an advantage he has with free movement in the EU. This is great for any job application. As he’s a young adult with no family responsibilities etc he could go and spend a year in the NL combining that with travel around Europe. What an experience that would be. Logistics of financing it all you’d need to work out but for a young person he’d be able to get travel ticket deals and could stay in youth hostels. Could he work six months in The Netherlands and then travel six months?

Dahlemma · 27/06/2024 08:10

ButterCrackers · 27/06/2024 07:23

What an advantage he has with free movement in the EU. This is great for any job application. As he’s a young adult with no family responsibilities etc he could go and spend a year in the NL combining that with travel around Europe. What an experience that would be. Logistics of financing it all you’d need to work out but for a young person he’d be able to get travel ticket deals and could stay in youth hostels. Could he work six months in The Netherlands and then travel six months?

This is a great idea. He’s spending some leisure in Berlin shortly and I know it will turn his head

OP posts:
sixpiacksally · 27/06/2024 09:30

I wouldn't take the advice of strangers on the internet if I were you. I'd pay someone for professional advice.

Kinsters · 27/06/2024 09:56

Whatever he does he won't lose his British citizenship so it's not an either or situation.

I would just let him see where his life goes. My DH had Hong Kong residency but it required him visiting once per year to maintain it. He eventually found he wasn't visiting that often so he gave it up, he's realistically never going to live there. My friend had Australian PR but her life is very much the country we live in now so she's given it up.

If it is the case that he loses his Dutch citizenship after 10 years (and that sounds like it's not a certain thing) then my advice would be that over the next 10 years he lives his life and makes use of his EU passport and see where it takes him. If he ends up living and working in the EU with a European partner then obviously he'd want to make sure he keeps the Dutch passport. But really the passport just gives him opportunities and the time to use those opportunities is naturally in your 20s before you've settled down. No point stretching yourself to maintain a foreign passport when you're 40 and have a mortgage and family.

ASighWasMadeOfStone · 27/06/2024 10:07

Kinsters · 27/06/2024 09:56

Whatever he does he won't lose his British citizenship so it's not an either or situation.

I would just let him see where his life goes. My DH had Hong Kong residency but it required him visiting once per year to maintain it. He eventually found he wasn't visiting that often so he gave it up, he's realistically never going to live there. My friend had Australian PR but her life is very much the country we live in now so she's given it up.

If it is the case that he loses his Dutch citizenship after 10 years (and that sounds like it's not a certain thing) then my advice would be that over the next 10 years he lives his life and makes use of his EU passport and see where it takes him. If he ends up living and working in the EU with a European partner then obviously he'd want to make sure he keeps the Dutch passport. But really the passport just gives him opportunities and the time to use those opportunities is naturally in your 20s before you've settled down. No point stretching yourself to maintain a foreign passport when you're 40 and have a mortgage and family.

If the Dutch authorities say that to keep his Dutch nationality he has to renounce his British Citizenship then he does lose it obviously. (Although it looks like the scenario might not be necessary after all in the OP's case)
When I worked in the Nationality Office in the UK, this happened with lots of countries where dual citizenship isn't allowed.
As others have said, the UK allows as many as you like, but obviously an official act of renunciation in order to keep another removes the BC status.

Kinsters · 27/06/2024 10:54

@ASighWasMadeOfStone but if he's already a citizen then he won't need to prove any renounciation of British citizenship. Loads of people keep two passports even though they're not supposed to, you just have to be careful when going through immigration as they can cut up your passport if they find out!

sixpiacksally · 27/06/2024 16:33

Kinsters · 27/06/2024 10:54

@ASighWasMadeOfStone but if he's already a citizen then he won't need to prove any renounciation of British citizenship. Loads of people keep two passports even though they're not supposed to, you just have to be careful when going through immigration as they can cut up your passport if they find out!

@ASighWasMadeOfStone I think this is a bit different, and it's interesting actually.

This isn't a case of dual nationality being banned. Rather, citizenship lapsing if nothing is done to keep it, either through residency or renewing a passport. Not sure whether it can be reclaimed easily.
Obviously this only applies to dual nationals as it's illegal to leave people stateless under international law.
This is different from other countries such as the UK, where citizenship, once obtained can be kept indefinitely even if you never set foot in the country or get its passport ever again.

ASighWasMadeOfStone · 27/06/2024 18:35

sixpiacksally · 27/06/2024 16:33

@ASighWasMadeOfStone I think this is a bit different, and it's interesting actually.

This isn't a case of dual nationality being banned. Rather, citizenship lapsing if nothing is done to keep it, either through residency or renewing a passport. Not sure whether it can be reclaimed easily.
Obviously this only applies to dual nationals as it's illegal to leave people stateless under international law.
This is different from other countries such as the UK, where citizenship, once obtained can be kept indefinitely even if you never set foot in the country or get its passport ever again.

Edited

Oh yes, clearly.
I was only commenting on the British legislation regarding a de facto renunciation.
Also true regarding statelessness - though it's actually technically very difficult to be stateless, and the Home Office will ask for evidence that you're a citizen of another country before granting renunciation.

LiquoriceAllsorts2 · 26/07/2024 19:31

Well presumably if he doesn’t choose to live in the eu in the next 10 years he will have to chose the British one. If he wants to live in uk he can’t just give up his citizenship as then he will lose his rights to live there

LiquoriceAllsorts2 · 26/07/2024 19:32

LawlorsNaa · 26/06/2024 21:01

Relinquish the British passport, its worth nothing . Your son needs a European passport . You are severely limiting his options if he has a British passport.

Except it gives you the right to live in the uk, the country he has chosen to live in. That is hardly worth nothing.

LiquoriceAllsorts2 · 26/07/2024 19:33

sixpiacksally · 26/06/2024 21:49

IMO it's only a hassle if one of the passports are useless! You'd never live in your home country so that's OK
But, despite Brexit, the UK isn't that far down the shitter. At the moment.

OP, if he HAS to choose, a passport that gives access to several countries is obviously better than one. But as both the UK and the Netherlands allow dual nationality, this is a non-problem. He can live in Holland and keep his British passport. Job done

Netherlands only allows dual citizenship in certain situations, hence why they would make him choose

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