As I learn on good authority that there is no manifest opposition to the bill
in the chamber where it is now being considered, and as the First Chamber
has no power of amendment, I hasten to send you a full text of the measure,
which is likely to become a law within the coming few days.
The present naturalization law has been in force since the year 1850, except
as the same has been amended slightly at different times since that date,
though without touching the radical defects of the law, which the Second
Chamber, after several months discussion, has aimed to cure in the bill
which it has just passed.
You will observe that articles 1 and 2 of the bill define the status of
citizenship in the Netherlands, and article 13 prescribes the conditions
under which a residence may be acquired in the Kingdom.
Article 3 of the bill recites, in substance, article 6 of the Netherlands
constitution, which provides that naturalization in the Netherlands can only
be obtained by special act of Parliament.
It will be observed that the bill provides that every applicant for
naturalization must produce a certificate setting forth the fact that he has
paid into the royal treasury the sum of 100 florins; that he has obtained
the age of majority under Dutch law, and has either lost his citizenship, or
has been a resident of the Kingdom or one of its colonies for five years
immediately preceding the date of his application; also, where the applicant
is a foreign subject, he may be required to show that the laws of his
country do not prohibit him from becoming a Netherlands subject.
It is proper that I should note in this connection that the general law
provides that unmarried persons attain their majority at 23, and that the
minority of married persons under age ceases from the date of marriage. You
will also observe that in case the applicant for naturalization is a married
man the benefit of his naturalization extends by operation of law to his
wife during life, unless within a year after dissolution of the marriage she
notifies the proper authority of her desire to the contrary; also that
should a woman who is a Dutch subject lose her nationality by reason of
marriage to a foreigner, she may recover her citizenship, in case of
dissolution of the marriage, by making application to the civil authorities
of the place where she last resided in the Netherlands, or the Dutch
minister or consular officer in the country
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where she happens to be, within one year after
dissolution of the marriage.
It will be further noticed that the law provides that the child of a
naturalized Dutch citizen, born before the father’s naturalization, whether
legitimate, legitimized, or acknowledged, becomes thereby a Dutch citizen
after reaching the age of majority, unless within the period of twelve
months thereafter said child notifies one of the officials named in the bill
of its desire to the contrary; the same rule obtaining in the case of the
child of a widow who is naturalized after her husband’s death and the birth
of the child.
Article 7 recites the causes which produce the forfeiture of citizenship, one
of the most noteworthy being an absence from the Kingdom or its colonies for
a period exceeding ten years, unless previous to the expiration of said time
the absentee notifies one of the officials named in the bill that he has no
intention to abandon citizenship.
Lastly, it will be observed that naturalization may be granted in
extraordinary cases for reasons of state. In each case the law specifies the
conditions on which the privilege is bestowed.
One of the most important features of the bill in question is, that it
establishes an entirely different rule from the one now in existence, which
makes every child born in the Kingdom a Dutch subject.
[Inclosure in No.
360.—Translation.]
law relating to netherlands citizenship and
residentship.
Article 1. A Netherlands citizen by birth is—
- (a)
- The legitimate, legitimized, or acknowledged child of any man
who at the time of the birth of the child was a Dutch
citizen.
- (b)
- The legitimate child of a Dutchman whose death occurred within
the three hundred days immediately preceding the birth of the
child.
- (c)
- The acknowledged illegitimate child of any woman who at the
time of the birth of the child was a Dutch subject.
- (d)
- Any illegitimate child born within the Kingdom and not
acknowledged by either father or mother.
Art. 2. A Netherlands citizen is (a) any child born in the Netherlands the
offspring of a resident of the Kingdom (either father or mother,
according to the rules of article 1), the said father or mother being
the child of a resident of the Kingdom, unless it can be shown that the
parent or parents of the child are foreign subjects.
(b) Any foundling or deserted child in this
Kingdom, provided there be no evidence of parentage, or evidence that it
is the legitimate, legitimized, or acknowledged child of any person.
Art. 3. Naturalization in the Netherlands can only be acquired by special
law.
Every application for naturalization shall be accompanied by” the payment
of 100 florins into the royal treasury.
Every application for naturalization must be accompanied by a certificate
showing—
- (1)
- That the applicant has attained to the age of majority under
the Dutch law.
- (2)
- That he has either lost his citizenship, or has resided in the
Kingdom, its colonies, or possessions in other parts of the
world for the live consecutive years immediately preceding the
date at which the application is made.
- (3)
- That he has deposited with the proper receiver of registration
the sum of 100 florins.
And further, where the applicant is a foreigner it may be necessary that
he show that the laws of his country do not bar his naturalization in
the Netherlands.
In cases where naturalization is not granted the 100 florins deposit
shall be returned to the applicant.
Art. 4. Naturalization may be granted for
reasons of state. In such cases the provisions of article 3 have no
application.
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The law granting this right of naturalization specifies in every such
case the conditions on which it is bestowed.
Art. 5. A married woman shall be accounted of
the same nationality as her husband during marriage.
No married woman shall make application for naturalization.
Naturalization granted to a married man extends by operation of law to
the wife.
In cases of dissolution of marriage the provisions of articles 8 or 9
come into force.
Art. 6. The legitimate, legitimized, or
acknowledged child of a naturalized Dutch citizen, and born previous to
the father’s naturalization, is also included in the act of
naturalization and continues to be regarded as a Dutch citizen after
attaining majority, unless the said child, within twelve months after
coming of age, notifies the burgomaster, or the proper authority of the
place where it last resided in the Kingdom, its colonies, or possessions
in other parts of the world, or in lieu thereof the Dutch minister or
official in the foreign country, that it no longer desires to be
considered a Dutch citizen.
This provision applies in like case to the child of a widow who becomes
naturalized after her husband’s decease and the birth of the child.
Art. 7. Netherlands citizenship shall be
forfeited—
- (a)
- When a Dutch subject becomes naturalized in a foreign country,
or in case of minors by participation in the naturalization of
either father or mother. (See the
distinctions made in article 1.)
- (b)
- By marriage in the case of a woman (see
article 5).
- (c)
- By voluntary naturalization in a foreign country.
- (d)
- By entering the service or army of a foreign power without
special royal permission.
- (e)
- By residence outside Dutch territory, provided such residence
be not in an official capacity, for a period exceeding ten
consecutive years, in cases where the person in question fails
to notify the burgomaster or proper authority of the place where
he last resided in the Kingdom, its colonies, or possessions in
other parts of the world, or in lieu thereof the Dutch minister
or consular official in the foreign country, that it is not his
intention to abandon citizenship.
Such notification dates the commencement of a new period of ten
years.
The ten-years period shall commence for minors from the day on which they
attain majority according to the Dutch law.
Art. 8. Any woman who has forfeited her
nationality by marriage may recover the same, in case of dissolution of
marriage, by making application to the burgomaster or proper authority
of the place where she last resided in the Kingdom, its colonies, or
possessions in other parts of the world, or in lieu thereof to the Dutch
minister or consular official in the foreign country, within a period
not exceeding one year after the dissolution of the marriage.
Art. 9. Any woman who has become a Dutch
citizen by marriage remains such in case of dissolution of marriage,
unless she notifies the burgomaster or proper authority of the place
where she last resided in the Kingdom, its colonies, or possessions in
other parts of the world, or in lieu thereof the Dutch minister or
consular official in the foreign country, of her desire to the contrary,
within a period not exceeding one year from the date of dissolution of
the marriage.
Art. 10. The legitimate, legitimized, or
acknowledged child of a Dutch citizen born previous to the parent’s
naturalization in a foreign country, and having consequently
participated in the forfeiture of citizenship, may recover the same by
applying therefor to the burgomaster or proper authority of the place
where the child last resided in the Kingdom, its colonies, or
possessions in other parts of the world, or in lieu thereof to the Dutch
minister or consular official in the foreign country within one year of
attaining majority according to the Netherlands law.
This provision applies in like case to the child of a Dutch woman who
becomes naturalized in a foreign country after her husband’s decease or
after the birth of the child.
Art. 11. Once a year the minister of justice
shall publish in the official organ (“de Staatscourant”) the
notifications made under the provisions of this law.
Art. 12. All persons who are not Dutch citizens
according to this law are foreigners.
Art. 13. All persons who have resided in the
Kingdom, its colonies, or possession in other parts of the world for the
last eighteen months become residents of the Kingdom.
Art. 14. All rights accorded residents of the
Kingdom cease on the removal of such persons to a new domicile outside
the Kingdom.
Art. 15. Any minor under Dutch law, whose
father or guardian is a resident of the Kingdom (see article 13), has the same status as the father or guardian
in that respect; and should he after attaining majority establish a
domicile in the Kingdom, he continues to be a resident thereof.
Art. 16. Whenever in any laws provisions exist
relating to the privileges of
[Page 475]
residents of the Kingdom, such provisions shall he only applicable to
the subjects treated of in those laws.
Supplementary provisions.
With exception of those who, by the law of September 2, 1854, are
regarded in the Netherlands Indies as natives, or on an equal footing
with natives, all persons who at the time at which this law comes into
operation have the status of Netherlands citizens, continue as such
until they forfeit their citizenship by the provisions of the same.
All persons residing outside the Kingdom, its colonies, or possessions in
other parts of the world, shall date the commencement of the period
mentioned in article 7, clause 5, from the day on which this law comes
into operation.
Any person born in the Kingdom, the child of parents not residents in the
Kingdom, and not twenty-four years of age when this law comes into
force, may become a Dutch citizen by notifying the burgomaster of the
place where he resides within twelvemonths therefrom, or within a year
of his attaining his majority, of his intention to remain in the
Kingdom.
Foreigners who, at the time when this law comes into force, have
conformed to the requirements of article 8 of the civil code, shall
possess equal rights as Netherlands citizens in so far as relates to
civil rights and privileges accorded by article 19 of the law of August
13, 1840.
Final provisions.
With the exception of reservations made in the aforenamed provisions, the
law repeals articles 5 to 12, inclusive, of the civil code, as also the
laws of July 28, 1850, May 3, 1851, and the law of December 21,
1850.
Wherever the law speaks of “Netherlands citizens,” either in the language
of the civil code or the law giving effect to article 7 of the
Constitution, the said words shall be changed to “Netherlands citizens
as defined in the law relating to Netherlands citizenship and
residentship;” except in article 22 of the law of April 6, 1875, where
the words: “according to the civil code” shall be changed into:
“according to the law relating to Netherlands citizenship and
residentship, the same applying to persons born of parents born of
parents residing in the Netherlands colonies or possessions in other
parts of the world.
The law shall take effect from and after July 1, 1893.
