Residency requirements for Dutch naturalisation from 5 to 10 years?

Last week Friday (26 September 2025), the Dutch caretaker government made an announcement, saying that the government plans to increase the residency requirement for naturalisation from 5 to 10 years. This wreaked havoc among some expats. In this article, we will try to quell some readers’ concerns.

As mentioned in their newsletter, the Dutch Government plans to put forth an internet consultation, asking the public to comment on the government’s proposal. This internet consultation will last two months, and everyone can submit their comment online.

The primary reason as to why some people are concerned about this new proposal is that they may have lived and worked a few years in the Netherlands. Should the government’s plan come through, people will have to stay longer before they can qualify for naturalisation. When it comes to immigration and naturalisation, a longer waiting period means greater uncertainty.  However, how long will it take before the government’s new proposal becomes law? Luckily, there was a historical attempt by one of the previous Dutch governments that we can take a look at. Hopefully, it will give us a hint.

Historical attempt

In early 2014, one of the former Dutch governments planned to increase the residency requirement for naturalisation from 5 years to 7 years. The bill was sent to the Tweede Kamer (the Dutch House of Commons) on 21 January 2014. The Dutch House of Commons adopted the bill on 28 June 2016. Then, the bill was forwarded to the Eerste Kamer (the Dutch House of Lords). Eventually, on 3 October 2017, the Dutch House of Lords rejected the bill, as a result of which the 5-year residency requirement, as referred to in article 8(1)(c) of the Dutch Nationality Act, has remained intact over the last several years. When it comes to this historical attempt, it took both chambers of the Dutch Parliament, in total, 3 years, 8 months and 12 days to reject the bill. History may (not) repeat itself, but it does give us a hint as to how long it will possibly take the government to change the Dutch Nationality Act.

Why does it take so long to change the Dutch Nationality Act?

First of all, it depends on the political will, for which we also need to wait for the outcome of the coming general election. 

Second, to answer this question, we need to understand the statutory structure of the Kingdom of the Netherlands. The Kingdom of the Netherlands is a united kingdom of four countries, namely the Netherlands, Aruba, Curacao and Sint Maarten. An issue pertinent to the entire Kingdom of the Netherlands needs to be governed by a kingdom act (rather than a simple act of the Dutch Parliament). Undoubtedly, the issue of Dutch nationality concerns all four countries of the Kingdom of the Netherlands. Thus, the Dutch Nationality Act is a kingdom act. Pursuant to article 15 of the Statute of the Kingdom of the Netherlands (“Statuut voor het Koninkrijk der Nederlanden”), a kingdom act proposal needs to be sent by the King to the Dutch Parliament and the legislative bodies of Aruba, Curacao and Sint Maarten. The legislative bodies of these three Caribbean isles can research into a new kingdom act proposal and submit their written response. The plenipotentiary ministers of these three isles can attend the meetings of the Dutch Parliament and submit their explanation. Also, the plenipotentiary ministers can submit their amendments to the proposal etc. In other words, it can be a time-consuming process to make changes to a kingdom act.

Is the 10-year residency requirement in compliance with EU law? 

On 29 April 2025, the European Court of Justice ("CJEU") gave a ruling (C-181/23, ECLI:EU:C:2025:283), in which the CJEU reiterates that: "while it is for each Member State, having due regard to international law, to lay down the conditions for the grant and loss of the nationality of a Member State, those powers must be exercised having due regard to EU law (judgments of 7 July 1992, Micheletti and Others, C‑369/90, EU:C:1992:295, paragraph 10; of 2 March 2010, Rottmann, C‑135/08, EU:C:2010:104, paragraph 45; and of 5 September 2023, Udlændinge- og Integrationsministeriet (Loss of Danish nationality), C‑689/21, EU:C:2023:626, paragraph 30 and the case-law cited). In para. 82 of the judgment, the CJEU continues: "it is necessary, at the outset, to reject the argument, put forward as a preliminary point by the Republic of Malta, that the examination of the procedures for granting the nationality of the Member States should, unlike the examination of situations of loss or withdrawal of that nationality, which entail the deprivation of a person’s rights under EU law, be limited to a finding of significant breaches of the values or objectives of the European Union, which are general and systematic in nature."  

Despite the fact that the aforementioned judgment relates to "the commercialisation of the granting of the status of national of a Member State" by the Maltese Government, this judgment probably has wider implications. For example, the principle of proportionality is a general principle of EU law and a source of primary EU law. Is the 10-year residency requirement in line with the principle of proportionality?

Plan ahead

If one is somehow close to the five-year residency requirement, they should definitely consider filing their application for naturalisation sooner rather than later. Alternatively, one can always ask for the status of EU long term stay when they are about to qualify for it. When it comes to the status of EU long term stay, it is governed by the EU Directive 2003/109, meaning that the Dutch Government cannot extend the residency requirement single-handedly.

Consultation

Should you have any other questions about Dutch nationality and immigration issues, please feel free to book a consultation with one of our lawyers. Together, we can map out the various options and pathways towards permanent residence and naturalisation.