Naturalization, not with a Chavez-Vilchez residence permit?

Today, 4 April 2019, the Dutch Government Gazette published an amendment on the Handbook for the Dutch Citizenship Act 2003.

_{See our update on this issue here.}

The section of the text that stands out most, concerns the impossibility to acquire Dutch citizenship for parents of Dutch children, who derive their right of residence from Article 20 of the Treaty on the Functioning of the European Union, based on the ruling of the European Court of Justice in the cases Zambrano and Chavez-Vilchez.

The state secretary raises doubts about the permanent nature of the stay in the Netherlands within the meaning of the Dutch Citizenship Act.

One of the conditions for naturalization is that the applicant has had a non-temporary type of residence permit during 5 consecutive years immediately preceding the application.

The state secretary now typifies this particular residence permit as non-permanent and temporary, reasoning that the right of residence is linked to the care for minor children, and expiring when the children come of age.

Everaert Advocaten disagrees with this reasoning and the subsequent policy. Moreover, we think it is contrary to European and national law. Meanwhile we have appealed against the denial of the application for naturalization by one of our clients with a Chavez-permit.

Keep an eye on our website for updates on this case.

Do you have questions about your Chavez-permit or encounter problems with naturalization, please get in touch with Elles Besselsen.