Help with the Dutch nationality

Hi and welcome to the Forum.

In general, the nationality you have is acquired by what is legally known as "Jus sanguinis"; which basically means your nationality is determined by the nationality of your parents at birth - so being born in Holland will have had nothing to do with you being entitled to Dutch citizenship, your original determination was based on the fact your father was a Dutch citizen at the time of your birth; you acquired your Egyptian nationality from your mother.  However, a Dutch regulator then discovered that your fathers Dutch citizenship was for whatever reason no longer applicable, so anything else based on that original decision is determined to have been granted in error, so you lost your Dutch citizenship; under international law, as long as it doesn't make you or your father stateless, it is perfectly legal for a country to do this.

Maybe there are ways around it, I don't know, but I do know that an open Internet forum is definitely not the way to resolve this; I think you need to speak to an immigration lawyer; at the top of this page is a link to our Services section, within that is a legal section, my advice is to try that out.

Hope this helps.

Cynic
Expat Team

Thank you a lot for your help.

I will contact the lawyers.

But have you seen such a case or a case similar to mine that has been resolved.

As I think if the nationality is taken from me at the age of 22 is not fair.

Happygemmy wrote:

Thank you a lot for your help.

I will contact the lawyers.

But have you seen such a case or a case similar to mine that has been resolved.

As I think if the nationality is taken from me at the age of 22 is not fair.

Hi again,

I've heard of people being stripped of their nationality in many countries, not only Holland; the Dutch are well known for being very strict in enforcing their laws.  Your age when they did it is largely irrelevant, in your case you were an adult with Egyptian nationality.

Unfortunately being fair is not a factor in enforcing the law unless it specifically requires it to be; this is why you need to speak to a lawyer, he/she will know whether they acted fairly and if they had to do so.

Hope this helps.

Cynic
Expat Team

Hi again,

If you check my clauses, if this issue was found when i was a minor my mom would have acknowledged me as she is still Dutch till now.

I pretty sure that there is a way i can regain it back through my mom.

Hi again.

I did read your original post, the thing that stood out for me (I'm an ex-Regulator) was there were a lot of "ifs" in there.  The issue that I have with Dutch law is that legal matters are not decided by a jury system, so you are not judged by your peers; if you like, you cannot appeal to their fairness.  Instead, it is done entirely by judges (or appointed expert regulators) and any evidence presented to the court/tribunal.

"ifs" are not evidence, in fact, they are the opposite, it's what people use to trip you up in your argument.  For example, you say your mother would have done something "if" she had known; well the fact is she didn't do it, it was reasonable to have expected her to have known, you know she didn't and are admitting it by saying so.  Your lawyer will help you with this.

At the end of the day, with the best will in the world, no person or system is perfect, nobody (including me, or anyone else on the internet) gets it right 100% of the time, so we're hoping they have done something wrong and the lawyer will spot it and help you make it right.

I do wish you the best of luck in this.

Cynic
Expat team

Happygemmy wrote:

Good morning Sir,

My parents are Egyptian and i was born in Netherlands in 1990 and at that time my father was a Dutch citizen and my mother had only the Dutch residence. My father gained his dutch passport through marrying a Dutch girl and living there for 14 years, At the time he gained the Dutch passport he had to give up his Egyptian passport. After that he gained back his Egyptian passport, and he lived there with no problems. After that my mother gained the Dutch passport in 1992 but she was not obliged to give up her Egyptian passport as the law of carrying two passport was issued. Through that time there was no problem for my father but in 2012 his passport was expired and he had to renew it from the Dutch embassy in Egypt, there they asked him to bring a paper stating his travels in and out of the country and this paper it was written that he gave up the Egyptian passport and gain it back so they said that he broke the law and he has to give them his passport and my father issued a case in the court. But after that they said that I have to give up my passport as well because I gained it because of him and they took the Dutch nationality from me while I have not done anything wrong and my mother, my sisters and my brother still having there Dutch passport and now they live in Egypt.
My question is : Is there any way I could gain my Dutch passport back ? because I was born as Dutch in the first place and I lived there and I am proud of being Dutch why they want to take it from me while I have not done anything wrong .
Another question : Can I gain it through my mother ? Or can my mom give my dad the Dutch nationality again either by option procedure or naturalization?
Please Help.

I am just stating some clauses that are published by the Dutch Law of
immigration and comparing them to my case.

As a minor:

1-Those who were issued a Dutch passport or proof of Dutch citizenship
on or after 1 January 1990 are deemed never to have lost Dutch
citizenship. This exemption was put in place on 1 February 2001.

( I was born on the 9th of July 1990 ). So, supposedly that clause
applies to me.

2-You were born in the Kingdom of the Netherlands. You have lived here
uninterruptedly for at least 3 years with a valid residence permit.
And you have had no nationality from birth (you are stateless).


I was born in Netherlands, I have a Dutch birth certificate and lived
there till I was 5 years old.
But, then I kept going and coming back; because I was studying in Egypt.
Then, I moved to Egypt in 2011 to continue my Engineering bachelor degree.

3-No loss of Dutch nationality
A minor does not lose his Dutch nationality in the following situations:
Another parent has the Dutch nationality.

I got my Dutch nationality from my father after I was born in 1990.
Then, my mom gained the Dutch nationality when I was 2 years old in
1992. So, If my mother knew about my father's problem earlier she
would have acknowledged me to become Dutch. Also, if the government
figured out that I was not Dutch when I was a minor, my mother would
have acknowledged me as well.

4- Minors lose the Dutch nationality in the following cases:
The father or mother receives another nationality and the minor shares
in receiving this nationality or already has this other nationality.

Which does not apply on me.

5-Your parents have their main residence in the Netherlands. Your
father or mother (or both) themselves were also born from parents who,
at the time of their birth, had their main residence in the
Netherlands.

Both my parents had their main residence in the Netherlands till 2007.

6-Those born to an unmarried Dutch father and non-Dutch mother must be
acknowledged by the father before birth in order to acquire
citizenship at birth. Before April 1, 2003, the father could
acknowledge the child after birth. Those who are not acknowledged
before birth may apply for citizenship through the option procedure or
through proof of paternity from a court.

This means I can apply for the Dutch citizenship through option procedure.
As an adult:

Loss of nationality through revocation
The Dutch authorities can revoke your Dutch nationality if:

1-You acquired Dutch nationality through the option procedure or naturalisation and you gave an undertaking that you would renounce your original nationality. If you have not have not made every effort to give up your original nationality after you acquired Dutch nationality, your Dutch nationality may be revoked.

Doesn't apply to me.

2-You committed fraud during the option procedure or naturalisation, for example identity fraud. Fraud includes making a false declaration, practising some form of deception or failing to mention relevant facts. In this case, you will become stateless if you no longer hold your original nationality.

I didn't commit any fraud. Even if my father did by regaining his Egyptian nationality back, I shouldn't be blamed on it

3-You have been convicted of an offence against the interests or security of the Kingdom. Examples of such offences include war crimes and terrorist offences. Your Dutch nationality may be revoked if doing so will not make you stateless.

Doesn't apply to me.

4-You are aged 16 or over and have voluntarily joined the armed forces of a county at war with the Netherlands or one of the Netherlands' allies.

Doesn't apply to me.

5-You are 16 or older and have joined an organisation that poses a threat to national security. The government holds a list of such organisations.

Doesn't apply to me.

If you need more details or the case files please ask.

What is your current nationality after your Dutch citizenship was revoked?

Egyptian

I have sent to the lawyers here on expat but they didn't reply.