Hi Juergen/Francisco Barrios/Jorge Vidaurre:
You are talking about Nicaraguan (and not Guatemalan) nationality, right? We've seen you say your parents were Guatemalan on other webforums. You should have given everyone all of the truthful facts from the beginning and not just piecemeal or with misleading information.
You do not have a claim to Dutch nationality, nor does your grandfather, nor your mother.
You are reading the RWN (1985). You must read the WNI (1892) in order to assess whether your grandfather was born a Dutch national in 1932 and so, whether your great-grandfather was under the provisions of the Burgerlijk Wetboek which was in effect prior to the implementation date of the WNI in 1892.
I know you have been adamant that your great-grandfather and grandfather were born Dutch nationals. That is fine to say, but you don't have legal proof of that.
A Dutch birth certificate does not necessarily mean the child had Dutch nationality. That is exactly what the Dutch officials told you as well regarding your great-grandfather.
We are just assuming both your great-grandfather and your grandfather were born Dutch (despite the fact your grandfather was born out of wedlock (no judgments)). Even though your great-grandfather recognized your grandfather as his child, that was surely done under Nicaraguan nationality law and not necessarily in accordance with Dutch nationality law at that time or even today.
If your grandfather was legally able to be acknowledged under Dutch law at that time, where is the acknowledgment of paternity certificate filed with the Dutch authorities in Nicaragua in 1932? Was there ever one?
You have also stated in other webforums that "Please note that an acknowledgement of paternity governed by the law of another country has to be valid under Dutch law." That means you are implying whatever the Nicaraguan nationality law stated regarding acknowledgment of children "has" to be valid under Dutch law. That is an incorrect assumption on your part. The auxiliary "has" should be read as "must."
The websites have misleading translations. That means under Dutch law the acknowledgment of your grandfather by your great-grandfather necessarily MUST comply with the provisions of Dutch law and not just what Nicaraguan law stipulates. That may not necessarily mean that the acknowledgment of paternity of your grandfather was accepted under Dutch nationality law either in 1932 or even today.
Is your great-grandfather’s nationality mentioned on your grandfather’s birth certificate? Is your great-grandmother’s?
What nationality (if any) is mentioned on your mother’s Nicaraguan birth certificate regarding her parents?
There is a reason your grandfather never had a Dutch passport or a Bewijs van Nederlanderschap. Your grandfather either knew he never could get one based on what his father (your great-grandfather told him), or your great-grandfather knew he could not give Dutch nationality to his son who was born out of wedlock under the Dutch law in effect at that time, perhaps, and the matter was not pursued further (or since). You don't know and neither do we. Stating as you do that your grandfather had Dutch nationality through your great-grandfather is not necessarily accurate.
Also, being born in Curacao in 1876 from two individuals who had Dutch names does not prove on paper your great-grandfather was born with Dutch nationality himself (he probably was, but you cannot prove such just by having a Curacao birth certificate for your great-grandfather, and the Dutch officials have confirmed such to you). Remember, your great-great-parents were not born in the European part of Netherlands at all from what you have implied in other webforums. This fact is very significant regarding your great-grandfather hypothetically.
You need to know whether the acknowledgment of paternity by your great-grandfather regarding his son (your grandfather) was valid under Dutch law at that time.
In this discussion we are always going under the assumption both your great-grandfather and grandfather had Dutch nationality.
Your grandfather lost his Dutch nationality definitively in 1963 (1932 + 21 years = 1953 + 10 years = 1963.
Your mother: 1962+21years=1983 + 10 years=1993. Your mother lost Dutch nationality in 1993 (once again, if she ever had it).
Artikel 16 lid 1 aanhef en onder c RWN (1995). [indien zijn vader of moeder vrijwillig een andere nationaliteit verkrijgt en hij in deze verkrijging deelt of deze nationaliteit reeds bezit; **d.** indien zijn vader of moeder het Nederlanderschap verliest ingevolge **artikel 15, eerste lid, onder b, c of d**, of ingevolge **artikel 15A**];
Op 1 januari 1985 is ter vervanging van de WNI de Rijkswet op het Nederlanderschap (RWN) in werking getreden. Op grond van artikel 15 aanhef en onder c RWN (1985) gaat het Nederlanderschap voor een meerderjarige verloren wanneer hij na zijn meerderjarigheid gedurende een ononderbroken periode van tien jaren woonplaats heeft in - kort gezegd - het land van zijn geboorte waarvan hij eveneens de nationaliteit bezit. Artikel 26 RWN (1985) bepaalt dat die termijn van tien jaren aanvangt op het tijdstip van inwerkingtreding van de RWN (1985).
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You: born January 8, 1985+18 years=January 7, 2003 at midnight.
BUT your mother lost her Dutch nationality in 1993. She only then had Nicaraguan nationality, the same one as you and your non-Dutch, but Nicaraguan father. You lost your Dutch nationality along with your mother as you were still a minor child. In 1993, you were 8 years old.
Artikel 16
1.Het Nederlanderschap gaat voor een minderjarige verloren:
a.door gerechtelijke vaststelling van het vaderschap, erkenning, wettiging of adoptie door een vreemdeling, indien hij diens nationaliteit daardoor verkrijgt, of deze reeds bezit;
b.door het afleggen van een verklaring van afstand, indien hij de nationaliteit bezit van zijn vader, moeder of adoptiefouder als bedoeld in artikel 11, achtste lid;
c.indien zijn vader of moeder vrijwillig een andere nationaliteit verkrijgt en hij in deze verkrijging deelt of deze nationaliteit reeds bezit;
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Neither your grandfather, nor your mother were ever in possession of a Dutch passport or Bewijs van Nederlanderschap either prior to 1990 or after 1990. They had between April 1, 2003 and December 31, 2005 at midnight to be provided with a Dutch passport or Bewijs van Nederlanderschap if their option request had been approved.
They definitively lost the possibility to reacquire Dutch nationality on December 31, 2005 at midnight provided they were in possession of either of those documents on that day. It is the day on which the documents are issued (and not necesarily the day on which they made the request) that the Dutch passport or Bewijs van Nederlanderschap takes effect.
And whatever the consequences for them, that does not do away with the fact you lost your Dutch nationality (if you ever had it in theory) in 1993 when you were 8 years old, on the exact date your mother lost her Dutch nationality, since she was born in March 1962, turned 21 in March 1983, turned 31 in March 1993.
Just as Hermie de Voer has written to you, with the relevant sections of the WNI, RWN and RRWN, you could in theory prove your great-grandfather had Dutch nationality and provided you also have a copy of his Dutch passport from that time and through the day your father turned 21. Nevertheless, you do not have a claim to Dutch nationality.
Plus you are now over 28.
The official Dutch publication attached on « Nederlander worden in het buitenland » confirms it all. There is not even an option under which your circumstances fall which are mentioned in this brochure. Revision date: January 2012.
All of the dates speak for themselves in your case and that, provided everyone had Dutch nationality from your great-grandfather on down to you.
http://vae.nlambassade.org/binaries/con ... -terug.pdf
