Determining statelessness

You have no official nationality and are stateless. Read how you can have it determined that you are stateless.

Rights in case of determined statelessness
Have statelessness determined
Evidently stateless
Determination of statelessness by court

Rights in case of determined statelessness

If you are stateless, you are not a citizen of any country. Because of that, it is usually difficult to show who you are with documents. You can have it officially determined that you are stateless. This gives you more rights. If you have been determined to be stateless, you have the following rights:

You can register (again) as 'stateless' with the municipality in the Personal Records Database. This is only possible if you are entitled to stay in the Netherlands.
You can apply for a travel document from the municipality if you are entitled to stay in the Netherlands.
You can apply for a statelessness document (S-document) if you are not entitled to stay in the Netherlands. With this S-document you can show that you are stateless.
Are you entitled to residence in the Netherlands? Then you can apply more quickly for becoming a Dutch national through naturalisation.
Were you born in the Kingdom of the Netherlands? Then you can apply for becoming a Dutch national through option in 2 situations.

Have statelessness determined

There are 2 ways to have statelessness determined:

The municipality or the IND determines that you are evidently stateless. Evidently stateless means that it is quickly clear that you are stateless because you meet certain conditions.
Are you not evidently stateless? Then you can ask the court in The Hague to determine that you are stateless.

Evidently stateless

The municipality or the IND can determine that you are evidently stateless. In the following situations, the municipality or IND will assess whether you are evidently stateless:

You are going to register in the Personal Records Database at the municipality. Or you are already registered in the Personal Records Database and want to change your nationality. For example, because you are now registered with an unknown nationality.
You have applied for a residence permit from the IND. To assess your application, the IND can check on request whether you are evidently stateless.
You apply for a statelessness document (S-document) from the IND.

Proving your identity

To determine whether you are evidently stateless, you must first prove your identity. That is why the municipality or IND will ask you for documents containing your personal data and your photo. This concerns documents that prove your identity, such as a passport or identity card. Do you have no official documents issued by the government? The municipality or IND will then ask for other documents proving your identity.

Requirements evidently stateless

You are evidently stateless in the following situations:

The government or judge of another country has determined that you are stateless. You have an original document of this.
You were born stateless in the Netherlands. Your parents are both stateless.
You were born in the Netherlands and your father is stateless. Your mother is stateless or cannot pass on her nationality.
You were born in the Netherlands and according to the law you do not have a father. For example, because your father died before you were born or is unknown. Your mother is stateless or cannot pass on her nationality.
You only have the nationality of a state that the Dutch government does not recognise.

Determination of statelessness by court

Are you not evidently stateless? Then you can ask the court in The Hague to determine your statelessness. Only a lawyer can make this application for you. You then ask the judge to rule on your statelessness. Does the judge determine that you are stateless? Then this statement establishes that you are stateless. The rights of determined statelessness then apply to you.

Procedure for requesting a determination of statelessness

The procedure at the court for determining statelessness consists of the following steps:

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1. Collect documents
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Gather documents before making the request. Send as many of the following documents as possible, if you can retrieve them:
- identifying documents and travel documents (including expired documents), such as:
  - an (expired) passport;
  - identity card;
  - birth certificate;
  - family booklet;
  - extracts from the civil registry;
  - registration document for elections;
- information and documents about the nationality of your family members, such as:
  - identification documents and travel documents of your (grand)parents and your spouse and/or children.
- where applicable: an overview of the nationality(s) you have had, including the reason for acquiring and losing it;
- an overview of all places and countries of residence from your birth to your arrival in the Netherlands and the associated timeline with residence details;
- information and documents regarding requests to authorities in the country of origin or other foreign authorities (including embassies and/or consulates) about:
  - attempts to obtain or have a nationality determined;
  - actions leading to loss of nationality;
  - attempts to have statelessness determined;
- information and documents from other proceedings (judicial or otherwise) in which the possession or non-possession of a nationality was at issue, for example:
  - an asylum procedure conducted in or outside the Netherlands;
  - a procedure conducted in or outside the Netherlands involving return to the country of origin.
- other personal documents, such as:
  - marriage certificate,
  - driver's license,
  - baptismal certificate,
  - military registration card,
  - school or university pass / school reports and diplomas,
  - employment contract(s),
  - rental contract(s) and proof of ownership,
  - medical documents (such as vaccination record, statement from a hospital about birth)
- legislation of / information about the countries with which you have (had) a relationship, such as:
  - nationality legislation and its application in practice;
  - other country information that may be important for the assessment of the request to determine your statelessness, such as information that specifically relates to the minority group to which you belong or the region where you have resided.
- statements (under oath) from third parties, for example relatives, neighbours or members of the community of which you belong, about the (reasons for) your statelessness;
- your own statements about (the reasons for) your statelessness.
2. Request a determination of statelessness
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A lawyer will make the request for you at the court in The Hague. You must send all documents with your petition.
3. IND advice
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The IND will investigate whether your request is complete. Is the IND missing documents? The IND will then ask your lawyer to send the missing documents. The IND will then investigate whether the documents sent are authentic. The IND will then send advice about your statelessness to the lawyer and the court. Your lawyer has 4 weeks to respond to this advice.
4. Hearing
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During the hearing, the judge will discuss your request in court. Your lawyer will receive an invitation for this. You are not obliged to attend the hearing. Is the IND's advice positive? The judge can then determine that no hearing is necessary
5. Ruling
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The judge will make a ruling within 4 or 6 weeks after the hearing. The judge sends the ruling (decision) to the IND and the municipality. If no cassation has been filed within 3 months, the ruling will be final. Cassation means appealing to a Supreme Court.

Determining statelessness

Rights in case of determined statelessness

Have statelessness determined

Evidently stateless

Proving your identity

Requirements evidently stateless

Determination of statelessness by court

Procedure for requesting a determination of statelessness

1. Collect documents

2. Request a determination of statelessness

3. IND advice

4. Hearing

5. Ruling