Verlenging naturalisatietermijnen

Reactie

Vraag1

Regarding the proposal to extend the required period of lawful residence for naturalization from 5 to 10 years, several points concerning fairness, proportionality, and financials in the Netherlands are noted:

Distinction between types of residents
Differentiation between highly skilled migrants — who contribute taxes, often integrate faster, and come primarily to work — and refugees, who may face additional barriers to integration, may be considered reasonable. Such distinctions, if applied transparently and proportionally, are consistent with Dutch law, provided they do not result in discrimination based on nationality, race, or other protected grounds.

Transition period (overgangsregeling)
The introduction of a transition period is recommended for residents who have already accumulated several years of lawful residence under the current 5-year rule. Extending the required residence to 10 years without a transitional arrangement could be disproportionate and contrary to the principle of legal certainty.

A fair approach would allow individuals who already reside in the Netherlands for 3 years or more at the time of entry into force to apply under the current 5-year rule, or to provide a grace period for those nearing eligibility. This ensures protection of legitimate expectations and preserves trust in legal stability, while allowing the new rule to apply prospectively for future residents.

Recognition of personal and financial investment
Consideration should be given to residents who have already made significant personal and financial investments in the Netherlands, such as purchasing property, paying mortgages, or establishing businesses. Abruptly increasing the naturalization requirement may penalize those who have already contributed economically and socially to Dutch society. Incorporating such factors in the transitional arrangements would ensure fairness and maintain confidence in the legal system.

The Netherlands has a longstanding tradition of legal certainty, fair treatment, and recognition of residents’ contributions. Introducing a transition period that accounts for prior residence and investment would uphold these principles and avoid undue disruption for law-abiding, integrated individuals who have built their lives under the current system.