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Dual nationality and Nigeria: what happens to your Dutch nationality

Under the Constitution, a Nigerian by birth does not lose Nigerian nationality on becoming Dutch, but the Netherlands usually asks for renunciation on naturalisation. A Dutch national who becomes Nigerian loses Dutch nationality, unless married to a Nigerian. Children of a Nigerian parent are Nigerians by birth, also in the Netherlands.

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If you are a Nigerian by birth, under section 28 of the Nigerian Constitution you don't lose your Nigerian nationality when you take on another. The Netherlands is stricter. Anyone who becomes Dutch by naturalisation must, under article 9 of the Netherlands Nationality Act, usually renounce their other nationality. And a Dutch national who voluntarily becomes Nigerian loses Dutch nationality (article 15), unless married to a Nigerian at that moment. Children with a Nigerian father or mother are, under section 25 of the Constitution, Nigerians by birth, even if they were born in the Netherlands.

What happens in your situation?

Situation Nigerian side Dutch side
Nigerian by birth, became Dutch by naturalisation remains Nigerian, unless they renounced renunciation usually required, with exceptions
Nigerian by birth who renounced visa N2A for unlimited residence; restoration is up to the president remains Dutch
Dutch woman married to a Nigerian registers as Nigerian registration possible (section 26) remains Dutch as long as she is married at that moment
Dutch man married to a Nigerian woman no registration: section 26 only names women —
Dutch national who naturalises after 15 years in Nigeria naturalisation possible (section 27) loses Dutch nationality, unless an exception applies; also if you naturalise together
Child with a Nigerian and a Dutch parent Nigerian by birth Dutch by birth
Two nationalities and 13 years living outside the EU — Dutch nationality lapses without a new passport, ID or declaration

I'm Nigerian and became Dutch. Am I still Nigerian?

Under the Nigerian Constitution, yes, as long as you didn't renounce. Section 28 only lets someone who is not a Nigerian by birth lose their nationality on taking on another. But the Dutch act asks you, on naturalisation, to do what is possible to lose your other nationality. That isn't necessary if on the date of the Royal Decree you are married to a Dutch national or have a registered partnership, or if you were born in the Kingdom and live there. Very occasionally the IND grants an exemption, for example if renunciation costs you your inheritance rights.

If you renounced, that went through the Ministry of Interior in Nigeria, with among other things a sworn declaration at a court and a letter from the country whose nationality you were getting. According to the embassy, only the president decides on renunciation and restoration. A rule for restoration is not in chapter III of the Constitution. The immigration service does have the N2A visa for Nigerians by birth who renounced: unlimited residence, but without work.

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I'm Dutch and want to become Nigerian. Do I lose my passport?

Usually, yes. Anyone who voluntarily takes on another nationality loses Dutch nationality (article 15(1)(a)). There are three exceptions: you were born in Nigeria and live there, you lived in Nigeria for five consecutive years before turning eighteen, or you are married to someone with Nigerian nationality.

The Constitution has registration for "any woman who is or has been married to a citizen of Nigeria", and for adults with a Nigerian grandparent. Naturalisation requires, among other things, fifteen years of living in Nigeria. According to the text of section 28, Nigeria itself asks no renunciation from someone who is Dutch by birth; the loss comes from the Dutch side.

The exception for partners only applies if you are married at the moment you become Nigerian. Section 26 also admits a divorced or widowed Dutch woman ("has been married"), but then the Dutch exception no longer applies and you lose your Dutch nationality. The same goes if two Dutch spouses naturalise together, on the same day: neither is then married to someone who is already Nigerian, and both lose it (Guide to the Nationality Act, article 15, section 8.2). Ask the IND for certainty beforehand.

What applies to the children?

A child with a Dutch father or mother is Dutch (article 3 of the Dutch act), a child with a Nigerian parent a Nigerian by birth. So the child gets both at birth, and that is allowed. A minor loses Dutch nationality if a Dutch parent voluntarily becomes Nigerian and the child shares in that, but not as long as the other parent is Dutch (article 16).

If a child travels on a Dutch passport, as a Nigerian by birth it needs the F9B visa. According to the immigration service, using the passports interchangeably is not allowed.

How do you keep your Dutch nationality in Nigeria?

With two nationalities, you lose Dutch nationality after thirteen consecutive years of living outside the EU and the Kingdom, if in that time you didn't get a new Dutch passport, identity card or declaration of Dutch nationality. A declaration costs €30. In Nigeria you show your legal residence with your Nigerian passport, a visa or your CERPAC. Processing takes four weeks on average, twelve at most. See also losing your Dutch nationality abroad and the residence routes.

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What this rests on

The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.

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