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Dutch born - any ideas on rights to Dutch nationality?

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alienated
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Joined: Thu Dec 28, 2006 10:52 am

Dutch born - any ideas on rights to Dutch nationality?

Post by alienated » Wed May 28, 2008 3:36 pm

My wife was born to Moroccan parents in Holland, late 1983. Her parents were legally working there at that time and the family returned to Morocco several years later, while she was still a girl (around five years old, say 1988).

I've only really explored this as far as enquiring at the Dutch Consulate in Casablanca, and scanning some of the Netherlands own rules about nationality, both of which suggest or say "No"! One might say that is a bit one sided and worthy of exploring the reality. I have been encouraged to do this, even if it does just confirm the same. It would be good to know for sure, one way or other.

Does anyone have any ideas about this, or where I could find out?

Thank you.

joesoap101
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Joined: Fri Oct 06, 2006 6:48 pm
Location: California

Post by joesoap101 » Wed May 28, 2008 5:19 pm

The most important thing to look at is whether she held Dutch nationality at any stage in the past because there are simplified naturalisation procedures in such cases. You will need to ask a Dutch lawyer to help, unless you can read Dutch and trawl through the legislation. Like most countries Dutch nationality is not obtained merely by being born there.

sakura
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Location: UK

Post by sakura » Wed May 28, 2008 5:56 pm

According to this: http://www.minbuza.nl/en/welcome/DutchC ... tchx_.html

The top paragraph mentions the nationality law (emphasis mine):

At the time, under the terms of the Netherlands Citizenship and Residence in the Netherlands Act 1892, a child could only acquire Dutch nationality if it had a Dutch father.

So Dutch nationality law was based on Jus Sanguinis, with nationality being passed on through the father.

One of the ways it is possible to know that your wife does not qualify is the paragraphs which follow, which seems at length to explain why Dutch mothers could not pass on their citizenship. In essence, if your wife was Dutch by virtue of being born on Dutch territory, the distinction between having a (non)Dutch father or (non)Dutch mother at birth would be moot, because everyone would have automatically become a Dutch citizen.

Does that make sense? Just my opinion from what I have read.

Any other option which comes to mind, by the way, would have passed by now as she is over the age of 18 or 21 and has not been residing in the Netherlands.

alienated
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Posts: 48
Joined: Thu Dec 28, 2006 10:52 am

Post by alienated » Wed May 28, 2008 7:17 pm

Both useful and valid comments and ones that support what I've already been told. On place of birth and parentage alone, it is a clear no-no. The only chance of anything I suppose is, as joesoap101 says, if the father did anything at some time before leaving however I consider that as a slim chance anyway. My wife and her father have been close for several years so that would be a challenge anyway. If ever there's an opportunity, I'll go for some discovery.

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