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US/UK Marriage

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Gold~
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Joined: Tue May 26, 2009 10:05 pm

US/UK Marriage

Post by Gold~ » Tue May 26, 2009 10:13 pm

Hi, well ; I'm a UK citizen and she is a US citizen, although she did have a Dutch passport she had to drop it when she turned 18 according to US laws, Now we're trying to find a way to hopefully bring her into the UK, going to the US wouldn't be an issue. but I'm not fully informed on what the procedures are for a US/UK marriage; I've thought of bringing her into the UK as a tourist and having her re-apply for her Dutch passport but i'm not suer how that would work out. At the moment our easiest choice seems to be for me to move to the US as I also have a Canadian passport it shouldn't be difficult to get into the country, apply for a marriage visa of some sort and get married over there, live there until we're both 21 and then get married here in the UK. As I said earlier, I'm not all that well informed on the subject and I'd greatly appreciate it if someone could shed some light on the subject for me.

Thanks in advance.

Al

1963British
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Posts: 128
Joined: Sun Feb 04, 2007 5:13 pm

Post by 1963British » Tue May 26, 2009 11:45 pm

You stated that she lost Dutch Nationality based on US Law and that is not true.

The US has permitted dual nationality for a long time.

Let me make two assumptions, you can correct if required. I am assuming she was born in the USA around 1987 to a Dutch parent. Yes?
A person born on or after 1 January 1985 to a married Dutch father or mother, or an unmarried Dutch mother, is a Dutch subject at birth. It is irrelevant where the child is born.
I will assume that she can easily prove that the parent was Dutch or better yet, she has an expired passport!!

The Dutch are real picky about dual nationality with lots of ways to lose it;
By residence outside the Netherlands

The Dutch law has contained for many years provisions that removed Dutch citizenship from certain Dutch persons who held another nationality at birth and remained resident outside the Netherlands in adulthood.

[edit] Prior to 1985

Before 1 January 1985, Dutch subjects lost their nationality in cases where they were born outside the Kingdom of the Netherlands, lived for an uninterrupted period of ten years outside the Kingdom after reaching the age of majority (then 21) and did not submit notification that they wished to retain their Dutch nationality before the ten-year period was up.

These provisions affected Dutch subjects born abroad before 1 January 1954

[edit] From 1 January 1985 to 31 March 2003

Under the 1985 legislation, Dutch subjects born outside the Netherlands who also held the nationality of the country of their birth lost Dutch citizenship if they lived in the country of their birth for 10 years after age 18 (and were still citizens/subjects of their country of birth).

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.

Former subjects who were not issued a Dutch passport or proof of Dutch citizenship in 1990 or later were given a limited period of time to acquire Dutch citizenship by option. These provisions expired on 31 March 2005.

[edit] From 1 April 2003

After 1 April 2003, Dutch subjects with dual nationality may lose their Dutch nationality if they reside outside the Kingdom of the Netherlands or outside the European Union for a long period. The place of birth is irrelevant in this event.

If you hold the same foreign nationality alongside Dutch nationality for ten years, and you are resident outside the Kingdom of the Netherlands and the European Union for ten years, you will lose your Dutch nationality.

In the case of Dutch subjects who possessed dual nationality on 1 April 2003 and who were then resident outside the Kingdom of the Netherlands and the European Union, the ten-year period started on 1 April 2003.

It is possible to retain Dutch citizenship by:

* having a principal residence in the Kingdom of the Netherlands or another member state of the European Union for at least one year; or
* applying for a Dutch passport or proof of Dutch nationality before 1 April 2013, i.e. before the end of the ten-year period. A new ten-year period starts on the day the person is issued with a passport or proof of Dutch nationality.
But here is the good news!!! It looks like she is still Dutch and should just apply for a Dutch Passport now!!

It looks like the acts of applying for a passport and moving to the EU will preserve her Dutch Citizenship.

http://en.wikipedia.org/wiki/Dutch_nationality_law

She needs to talk to the Dutch Embassy in the US immediately and get her EU Passport so she can join you in the UK.

http://www.netherlands-embassy.org/arti ... 00000180EN

I did a quick look around their website. There is language that says she needs to discuss her requirement to get a passport. Real easy, she wants to return to the EU.

Oh, once she comes to the UK she should start all the documentation so she can get permanent UK Residency under the EU rules. (No Fees) That way in six total years she can apply for UK Citizenship.

Cheers!!

Gold~
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Posts: 2
Joined: Tue May 26, 2009 10:05 pm

Post by Gold~ » Wed May 27, 2009 12:17 am

Actually, i believe she's dutch born, and yes, she can easily prove her dutch ancestry, but do you think it'd be possible to regain the dutch passport?

Unfortunately, due to quite a complicated situation, we don't want to delay her stay in the US, and we were wondering if it would be possible to bring her here as a visitor and apply for the dutch passport at the Dutch embassy in the UK. I don't know exactly how this would work but it would be a lot easier if it could be done this way.

Oh and thanks a lot, it's really really appreciated.
Former subjects who were not issued a Dutch passport or proof of Dutch citizenship in 1990 or later were given a limited period of time to acquire Dutch citizenship by option. These provisions expired on 31 March 2005.
She was born in 1990..

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