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Acquiring Dutch Citizenship through Partner

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kabuki
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Acquiring Dutch Citizenship through Partner

Post by kabuki » Wed Dec 30, 2009 9:02 pm

Hi everyone, I have a question in regards to acquiring Dutch citizenship through my partner.

We are unmarried and unregistered at the moment. We've been living together for 2 years in Ireland. We will be moving to the UK for 3 years, as I will be studying to become a teacher (PGCE/Work/part-time masters). We are considering moving to the Netherlands after that.

I believe I've red somewhere that the spouses can obtain Dutch Citizenship after 3 years of living together in the EU, is this true?
If so, does it apply to unmarried/unregistered partners who have been living toether within the EU?
If not, with the time living together in the EU count towards the 3 years of living toegether once married?

I'm from the US, so I don't have to take the integration exam, though I'm learning Dutch and spending the holidays with her family. I also won't have to renounce my citizenship as it would be through marriage/partnership.

Any help will be much appreciated. Thanks.

Wanderer
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Post by Wanderer » Wed Dec 30, 2009 9:05 pm

I'd say it's highly unlikely to gain any citizenship without some sort of period of residency there, certainly within the confines of the EU anyway.
An chéad stad eile Stáisiún Uí Chonghaile....

kabuki
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Post by kabuki » Wed Dec 30, 2009 9:13 pm

Nevermind, I just found it on the IND website. It was listed in the exceptions to the 5-year term. It seems it has to be 3 years of marriage and cohabitation for it to be possible to apply from abroad.

From IND Website:
You are married to or are the registered partner of a Dutch man or woman. If this is the case, you can submit an application for naturalisation after 3 years of marriage or registered partnership (possibly abroad) and uninterrupted cohabitation. If you have cohabited in the Netherlands with a Dutch man or woman (both partners unmarried) for an uninterrupted period of 3 years, you can also submit an application.

fysicus
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Post by fysicus » Sun Jan 17, 2010 7:43 pm

yes, you can actually become Dutch citizen without ever setting foot in Holland or even the EU!
You need to be the spouse (or registered partner) of a Dutch citizen, and have lived together uninterrupted for at least three years outside your country of origin (in your case the USA I understand), and you can keep your original nationality. You will have to pass the civic integration exam however (only the Centrale Examens: http://www.inburgeren.nl/inburgeraar/ex ... xamens.asp).

uncrase
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Word of caution

Post by uncrase » Fri Jul 20, 2012 1:25 am

It's been a while since someone posted on this topic, however in case someone get's too excited over this option (which I did); there is one BUT:

This option is not a valid option if the applicant is living (has primary residence) in the country of which they are a citizen.

So for example if Dutch Hans and and American Mary are living in the USA, and Mary want's to get Dutch citizenship because she's married to Hans and they plan to move to Holland, it's not possible because Mary is living in the country of which she is a citizen.

Now if Hans and Mary decide to move to Canada - without becoming Canadian citizens, but maybe on a temporary permit, or as permanent residents - then Mary should able to apply because she's living in a country of which she is NOT a citizen.
Last edited by uncrase on Tue Aug 07, 2012 11:58 pm, edited 1 time in total.

Directive/2004/38/EC
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Re: Word of caution

Post by Directive/2004/38/EC » Tue Aug 07, 2012 11:55 pm

uncrase wrote:It's been a while since someone posted on this topic, however in case someone get's too excited over this option (which I did); there is one BUT:

This option is not a valid option if the applicant is living (has primary residence) in the country of which they are a citizen.

So for example if Dutch Hans and and American Mary are living in the USA, and Mary want's to get Dutch citizenship because she's married to Hans and they plan to move to Holland, it's not possible because Mary is living in the country of which she is a citizen.

Now if Hans and Mary decide to move to Canada - without becoming Canadian citizens, but maybe on a temporary permit, or as permanent residents - then Mary should able to apply because she's living in a country of which she is a citizen.
This is lovely! Another example from the lovely world in which arbitrary citizenship rules are created.

So for this OP, it is good news. I assume kabuki is not an Irish citizen.

fysicus
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Post by fysicus » Fri Aug 10, 2012 3:34 pm

I don't want to spoil the fun, but there is currently a change of the law being debated which would close this option. So you better hurry a bit if you want to take advantage of this possibility.

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Post by Amber » Sun Nov 24, 2013 9:47 pm

kabuki wrote:Clarity on the following would be much appreciated!

I am an American who has been living with my Dutch partner since 2009, first in Ireland and now in the UK. We have been resident in UK for 3 years now under EU law. We recently got married in Amsterdam (Aug 2013).

In regards to the following:
"You are married to a Dutch citizen. If you are married and you have been living together for an uninterrupted period of 3 years you can then apply for naturalisation (this is also possible when living abroad). The 3-year term also applies when you are an unmarried partner of a Dutch citizen and you have lived together for at least 3 years continuously."

Whilst we have been looking at moving to the Netherlands, current work and study commitments are keeping us in London. Am I right in assuming, that after 3 years of marriage, even if we haven't resided within the Netherlands, that I am eligible to apply for Naturalisation? Does it have to be 3 years of marriage, or does the time as unmarried partners living together count as well? Or does the unmarried partner rule only apply within the Netherlands? If the unmarried time does count, would the 6 month contract work my partner did in Belgium, whilst maintaining a residence in both countries (paying taxes in the UK and being paid via her UK agency), require us to start counting from the end of that contract?

In regards to the Civic Integration Certificate or similar diploma: I understand that the test abroad is not required for US nationals; however, is it required at all before applying for Naturalisation? Is there an exemption through marriage? If a certificate is required, would the NT2 qualify?

Thank you for all the help in advance. We just want to make sure that all of my documents are in place for the application when the time comes. We travel to the Netherlands 2-3 times a year, so I have been working on my Dutch, and have been given many history lesson from my father-in-law as we visit places all over the country.

I hope we are able to move there in the future, as I hope to complete a PhD there. Obtaining a good working knowledge of the language is important to me, but I just want to clarify the paperwork side of things so I can organise any language or exam prep that I would need. Thanks.
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fysicus
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Post by fysicus » Sun Nov 24, 2013 9:55 pm

Regarding your questions in a new thread of 20 November.

1. The period of three years start from the date of marriage, and you must also actually live together during that period. The documentary evidence that is required depends on the local situation in the country where you live. Contact the Dutch embassy for details on this matter. Unmarried time outside the Netherlands does not count.
2. You must demonstrate sufficient knowledge of the Dutch language and society. There are no exceptions to this rule. There is a dedicated exam that you can sit at the embassy or at various test centres in the Netherlands.
NT2 will give you an exemption for this exam, as it requires an even higher level of language knowledge.
3. And indeed, you can become a Dutch citizen via this route without ever entering the country itself!

kabuki
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Post by kabuki » Mon Nov 25, 2013 9:57 pm

fysicus wrote:Regarding your questions in a new thread of 20 November.

1. The period of three years start from the date of marriage, and you must also actually live together during that period. The documentary evidence that is required depends on the local situation in the country where you live. Contact the Dutch embassy for details on this matter. Unmarried time outside the Netherlands does not count.
2. You must demonstrate sufficient knowledge of the Dutch language and society. There are no exceptions to this rule. There is a dedicated exam that you can sit at the embassy or at various test centres in the Netherlands.
NT2 will give you an exemption for this exam, as it requires an even higher level of language knowledge.
3. And indeed, you can become a Dutch citizen via this route without ever entering the country itself!
Apologies for the repost. I completely forgot about that original post.

Thanks for reply. That makes sense. Good thing we have both finally found permanent posts in London now- no need for short-term contracts abroad. Looks like I have a couple of years to get a move on bettering my Dutch then. Hopefully no more changes in the law between now and then. I'll qualify for both UK and Dutch naturalisation around the same time, but definitely prefer Dutch.

Thanks again! :)

fysicus
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Post by fysicus » Wed Dec 04, 2013 8:36 am

If I were you, I would make sure that I am ready when the three year mark is passed. The proposed change in the law that was debated during 2012 has been shelved when a new government took office after the elections, but you never know what may happen after the next elections.

See this brochure (in Dutch)

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