Introduction
The acquisition of nationality refers to the procedures for obtaining nationality reserved for adults, persons aged 18 and over, and emancipated minors. For minors, we speak of attribution of nationality. There are two ways of acquiring Belgian nationality: declaration of nationality and naturalization. Since the reform of the Nationality Code on January 1, 2013, naturalization is only granted in exceptional cases: for people who justify exceptional merits or for recognized stateless persons. The declaration of nationality thus becomes the common way to obtain Belgian nationality for adults.
The declaration of nationality
There are 5 categories of declaration of nationality:
- The foreigner was born in Belgium and legally residing there since his birth
- Foreigners who have been legally resident in Belgium for 5 years
- A foreigner who has been residing legally in Belgium for 5 years and who is married to a Belgian citizen or who is the parent of a Belgian minor child
- A foreigner who has been residing legally in Belgium for 5 years and who has reached pensionable age or who suffers from a handicap or disability that prevents him from exercising a professional activity
- A foreigner who has been legally resident in Belgium for 10 years
Specific conditions for foreigners born in Belgium and legally resident there since birth
The person must :
- Be at least 18 years old
- Be born in Belgium: Belgian birth certificate
- Stay legally in Belgium and uninterruptedly since birth: A certificate of residence with address and residence history
- Be in possession of an unlimited stay at the time of the application of one of the following residence permits B, C, D, E, Annex 8, F, E+, Annex 8bis, F+
Foreigners who have been legally resident in Belgium for 5 years
The person must :
- Be at least 18 years old: Birth certificate (Belgian or foreign)
- Be in possession at the time of the application of an unlimited stay of one of the following residence permits: B, C, D, E, annex 8, F, E+, annex 8bis, F+ card
- Legal residence in Belgium for an uninterrupted period of 5 years: A residence certificate with address and stay history
- Prove knowledge of one of the three national languages (French, Dutch or German).
- Proof of social integration
- Prove economic integration
The foreigner who has been legally residing in Belgium for 5 years and who is married to a Belgian or who is the parent of a Belgian minor child
The person must :
- Be at least 18 years old: The birth certificate (Belgian or foreign)
- Be in possession of an unlimited stay at the time of the application for the nationality of one of the following residence permits: B, C, D, E, annex 8, F, E+, annex 8bis, F+
- Legal residence in Belgium for an uninterrupted period of 5 years: A certificate of residence with a history of addresses and stays
- Prove knowledge of one of the three national languages (French, Dutch or German)
- Proof of social integration
- If the foreigner is the parent of a Belgian child, validly demonstrate the existence of a parent-child relationship with a Belgian minor child
- The birth certificate of the Belgian child (Belgian or foreign certificate)
- Proof of the legal parent-child relationship with the child (e.g. by the child’s birth certificate, an acknowledgment of paternity, a judgment attributing the parent-child relationship,…)
- A certificate attesting to the child’s Belgian nationality
- If the foreigner is married to a Belgian, he must prove the existence of the marriage and the common residence for 3 years
- The marriage certificate (Belgian or foreign)
- A certificate attesting to the spouse’s Belgian nationality
- A certificate of residence with address history for each of the spouses justifying the common residence in the bonds of marriage for 3 years preceding the application for nationality
The person is exempt from proving economic integration.
A foreigner who has been legally residing in Belgium for 5 years and who has reached pensionable age or who suffers from a handicap or disability that prevents him from engaging in a professional activity
The person must:
- Be at least 18 years old: The birth certificate (Belgian or foreign)
- Be in possession at the time of the application for the nationality of an unlimited stay of one of the following residence permits B, C, D, E, annex 8, F, E+, annex 8bis, F+ card
- Legal residence in Belgium for an uninterrupted period of 5 years: A certificate of residence with a history of addresses and stays
When the person has reached pensionable age (even if he continues to work) it is needed a birth certificate. If the person has a disability, then a certificate proving the reduction capacity is required. And finally, when a person suffers from a disability that prevents him from exercising a professional activity, it is needed proof by one of the following documents:
- A certificate issued by the insurer of the person concerned recognizing a permanent disability
- A certificate of premature retirement for health reasons from the administrative health service of the administration for which the person works (only for statutory civil servants)
- A certificate from the “Fonds des accidents de travail” or the “Fonds des maladies professionnelles” or the competent medical service of the administration certifies a 66% disability (in the case of an accident at work or occupational disease)
- A copy of the final judgment certifying a 66% disability (if the person was the victim of an accident outside the workplace)
The person is exempt from proving social integration, economic integration, and knowledge of one of the national languages.
2.5 Foreigners who have been legally resident in Belgium for 10 years
The person must :
- Be at least 18 years old: The birth certificate
- Be in possession at the time of the application for the nationality of one of the following residence permits B, C, D, E, annex 8, F, E+, annex 8bis, F+
- Legal residence in Belgium for an uninterrupted period of 10 years: A certificate of residence with a history of addresses and stays
- Prove knowledge of one of the three national languages (French, Dutch or German).
- Proof of economic and/or socio-cultural participation in the life of the host community
In order to file a declaration of nationality, the foreigner must have established his main residence in Belgium for the required period of time according to the different categories (since birth, for 5 years, or for 10 years). The main residence is the place of registration in the population register, in the register of foreigners, or in the waiting register. This main residence must be uninterrupted and accompanied by a legal stay. If the residence or stay has been interrupted at any time, the starting point of the period required for the declaration of nationality will begin to run from the end of the interruption. Nevertheless, some exceptions are allowed: temporary absences from the territory, deregistration by mistake, and administrative interruptions.
How do we prove knowledge of the language?
Proof of language proficiency is required for all categories of declarants EXCEPT on the basis of birth in Belgium or in case of disability, invalidity and pensionable age. It is necessary to prove knowledge of one of the three national languages (French, Dutch or German), regardless of the linguistic region in which the applicant resides. The minimum language level required has been set at level A2 of the Common European Framework of Reference for Languages and includes the ability to understand, speak and write the language. Language knowledge can only be proven according to the legally prescribed list of documents:
- Belgian diploma
- Foreign diploma
- Professional training
- Integration pathway
- Professional activity
- Language tests
How do we prove the condition of economic integration?
This condition is imposed for declarants who invoke 5 years of residence EXCEPT on the basis of marriage, or as a parent of a Belgian child, or in case of disability, invalid, and pension age. The person must prove:
- Either having worked for 468 working days during the 5 years preceding the declaration of nationality as a salaried worker or as a statutory employee
- Or having worked as a self-employed person on a principal basis for at least 18 months during the 5 years preceding the declaration, showing proof of affiliation to a social insurance fund or a proof of payment of social security contributions for 6 quarters
Procedure for declaration of nationality
The candidate for Belgian nationality submits his application to the (Belgian) municipality of residence after having paid the registration fee (150 euros). The municipality examines whether the file contains the legally required supporting documents required by law and decides, within the time limits set by law, whether or not to admit the application.
If the application is declared admissible, it must be forwarded to the Public Prosecutor’s Office of the Court of First Instance for a decision on the granting of the nationality application. Within 15 days of notification of the tribunal’s decision to the applicant, an appeal may be filed with the Court of Appeals.
The public prosecutor has four months to issue an opinion on the acquisition of the Belgian nationality. If this opinion is positive, the declaration of nationality is registered. The Belgian nationality takes effect from this registration. In case of a negative opinion, the person concerned can lodge an appeal before the court of the first instance.
If the file is deemed complete at the first completeness review, the processing time for the application is approximately 5 months. If the file is found to be incomplete at the first completeness review (and then completed), the processing time for the application is approximately 7.5 months.
Naturalization and its procedure
Naturalization is open to persons who can show exceptional merits in the field of sports, science, or socio-cultural activities, and to persons recognized as stateless by judgment. For the first group, it is required to demonstrate that it is almost impossible to obtain Belgian nationality by declaration and being able to prove the exceptional merits, among others.
The application for naturalization is filed with the registrar of the applicant’s municipality of residence or directly with the House of Representatives, using an application form. If the application has been submitted to the civil registrar, it is transmitted within 15 days. A copy of the file is sent to the Public Prosecutor. They have 4 months to give an opinion. If no comments are received within the deadline, the opinion is deemed favorable.
Finally, the House of Representatives then takes a position on the file in accordance with its regulations and takes into account the candidate’s integration and knowledge of one of the three national languages as important factors (even if they are not mandatory).
In case of a positive decision by the House of Representatives, a naturalization act is published in the Belgian Official Gazette. The candidate becomes Belgian from the moment of publication. As naturalization is considered a favor granted by the Belgian state, there is no appeal against a possible refusal by the House of Representatives.
