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The Dutch government doesn't allow dual nationality (except for marriage, which isn't my case) and I need to renounce my original nationality (my country allows that) and If I tried to apply again for my original nationality I will lose the Dutch nationality but I read there are exceptions for not losing the Dutch nationality If you tried to do that.

This is mentioned in article 15 section 2 https://wetten.overheid.nl/BWBR0003738/2020-04-01/?fbclid=IwAR1K5ahKbRrXBtwW0KvjrmgeBM-QKhZUNXlKYjdqDDl6dgzpgbLAsiEeAyQ#Hoofdstuk5_Artikel15

  • who was born in the country of that other nationality and has his principal residence there at the time of acquisition.
  • who before attaining the age of majority had had his principal residence for an uninterrupted period of at least five years in the country of that other nationality.

This is apply to me as I lived 5 years before I become an adult in my original country. So, If I understand correctly, I can apply for my original nationality after renouncing it and I won't lose the Dutch nationality. But, unfortunately, I contact the IND and they replied that this law isn't for your case and this law for other cases, I still don't understand WHY and they didn't provide me with more info?

Did anyone go through the same issue and know more about this exception and why it doesn't apply to my case?

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  • It might be intended for people in the “opposite” situation (i.e. born Dutch but living/growing up abroad)?
    – Relaxed
    May 11 '21 at 12:34
  • Where in the law did it mention that? Which article? I couldn't find anything? Can you please provide me with the article number or document that is intended for opposite people's situation?
    – Ahmed
    May 11 '21 at 13:04
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    It doesn't, not explicitely, it's a guess (hence the “might” and the comment).
    – Relaxed
    May 11 '21 at 13:30
  • Sorry, I missed might (my mistake), thanks for your comment and reply.
    – Ahmed
    May 11 '21 at 14:08
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The wording is quite convoluted and I am not sure what the precise intent or legal basis for the IND's opinion are but it is quite clear that this article is not meant for your case. If it would apply it would at best be a loophole.

The reason I say that is that if the intent was to allow you to regain your original citizenship based on the fact you grew up in that country, the law would simply include an additional exemption to the renunciation requirement. If it was OK to keep both citizenships, there would be no point having you go through the whole renounce-regain rigmarole.

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  • How it is quite clear it isn't for my case? I understand your point logic-wise and why they do that but for me also the law is very clear and nothing mentioned is for people with situation X and not for people with situation Y.
    – Ahmed
    May 11 '21 at 12:56
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    @Ahmed If you understand the logic behind my point, then you know how it is quite clear. That is all I meant, nothing less and nothing more. That's why I mentioned the (lack of) legal basis for their opinion, it does seem the wording of the law creates an opportunity for some creative interpretation even if that wasn't the intent. I am not familiar enough with Dutch law to know if you can prevail but you understand how trying to twist the hand of a government agency to create a loophole for you is more difficult than simply following a procedure the way it was intended, right?
    – Relaxed
    May 11 '21 at 13:37
  • I completely understand you and thanks for your comment (I really appreciate it) and your point is 100% logical. I just try to understand the text in the document and I was hoping to find a clear article describe the diff or someone who goes through the same situation and who eligible for that. Again, thanks for your comment and time to reply ❤️
    – Ahmed
    May 11 '21 at 14:02
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This is probably intended for persons who, through birth, were of Dutch nationality and (case b) after reaching the age of majority would be eligible to receive the second nationality.

Case a would apply for countries (such as the US) where through birth the acquisition is automatic through being born there.


1 Dutch nationality is lost for an adult:

  • a. by voluntarily acquiring another nationality;

...
2 The first paragraph, opening words and under a, does not apply to the acquirer

  • a. who was born in the country of that other nationality and has his main residence there at the time of acquisition;
  • b. who had his main residence in the country of that other nationality for an uninterrupted period of at least five years before reaching the age of majority; or

...

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  • Thanks, Mark for your reply. You're right, It is probably intended for these cases but the law doesn't differentiate between these cases, and in someone who is born outside NL and needs to apply to his/her nationality again, right? I mean the law didn't explicitly mention that, right? please correct me If I'm wrong.
    – Ahmed
    Oct 24 '21 at 12:06
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    @Ahmed Not being proficient in Dutch I can't determine the exact shade of meaning of the original Dutch law. Assume that those that implement this law (IND) do so based on, for them binding, implimentation instructions (in German Verwaltungsvorschriften). Unless a judge determines otherwise, what they say is how the law makers intended it to be understood. Oct 24 '21 at 13:04

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