The Path to Dutch Citizenship for Illegally Residing Residents of Amsterdam

The Netherlands, known for its diligent and diligent government and society, categorizes illegal residence as a serious criminal offense. For a person who has lived in Amsterdam since 2005 with no official residence permission, obtaining Dutch citizenship presents a significant challenge. This article explores the hurdles one might face and the path forward.

Understanding the Dutch Government's Approach

On December 6, 2012, the European Court of Justice ruled that member states could penalize illegal residence with fines and imprisonment. Following this, the Dutch government swiftly enacted measures to enforce these rulings.

Initially, the government prefers voluntary departure. However, if an individual refuses to leave or fails to pay fines, they may be prosecuted. The governmental approach is highly bureaucratic, emphasizing adherence to laws and procedures (tick-box government). False information or non-compliance can lead to severe consequences.

Challenges to Citizenship Acquisition

Obtaining Dutch citizenship is a multi-step process. For a person who has lived in Amsterdam illegally for 13 years, the path to citizenship is severely obstructed by their previous illegal residence. Under the Dutch legal system, living in the Netherlands illegally disqualifies one from acquiring citizenship, as their residency period must be legal.

The Dutch government will not reward an individual for past illegal actions, invoking the principle that breaking laws does not confer advantages. Thus, even if someone has lived in the Netherlands for a decade or more, their illegal residency status will negate their eligibility for citizenship.

Current Legal Status and Future Opportunities

At present, the individual is facing an inreisverbod (entry ban) to the Netherlands and its affiliated territories, including Aruba, Cura?ao, and Sint Maarten. Any attempt to make their status public will likely result in forced deportation for at least five years and an undesirable (ongewenstverklaring) declaration. This declaration will prevent the individual from obtaining a visa or residence permit in any EEA country or Switzerland during this period.

Furthermore, the individual's actions may be revealed to other countries like Australia, Canada, Japan, New Zealand, and the United States. Consequently, these countries may refuse to issue any type of visa in the future, particularly countries like the US and Canada, which follow the "one strike and you're out" policy.

Seeking the King's Permission

Given the significant obstacles, the individual may consider seeking the King's permission directly. This is a rare and exceptional route, but theoretically, the King can grant citizenship. However, the Dutch government and society's adherence to strict rules and procedures means that such a decision would be exceptionally rare and unlikely.

In conclusion, for a person who has lived in Amsterdam illegally for 13 years, the path to Dutch citizenship is fraught with challenges. The only feasible route, if at all possible, would be through an exceptional application to the King, but this route is tumultuous and highly unlikely given the current legal and societal framework.