Belgian Nationality Law

Belgian nationality law provides for the conditions in which a person holds Belgian nationality and is based on a mixture of the principles of ''jus sanguinis'' and ''jus soli''.

Belgian nationality is the status of being a citizen of Belgium. Nationality and citizenship are synonymous; there is no legal distinction between the two terms. Most Belgians are Belgian citizens.

History

Pre-1984

Belgian nationality was historically governed by a law dating from 14 December 1932. This law was modified by further laws passed in 1951, 1961, 1964, 1965 and 1967.

In 1963, Belgium signed the Strasbourg Convention on Multiple Nationality, which aimed to reduce cases of multiple nationalities following naturalisation.

Until 1967, nationality was subject to relatively stricter rules, which meant that children born to a Belgian mother were not accorded Belgian nationality. As a result, there are several notable cases of well-known people who did not receive Belgian nationality including Johnny Hallyday, Pierre Arditi, Catherine Arditi, Jacques Higelin and Patrick Modiano.

Post-1984

In the early 1980s, the Belgian government undertook a comprehensive reform of Belgian nationality law. The result was the Belgian nationality code, which was legislated on 28 June 1984 and largely took effect on 1 January 1985. The code has since been modified several times, including in 1991, 1993, 1995, 1998, 2000, 2004, 2006, 2012, 2013, 2014, 2015, 2017 and 2018. The most recent modifications (legislated in 2018) entered into force in 2019.

In 2002, Belgium denounced the Strasbourg Convention, which opened up the path to allowing for multiple nationality following naturalisation. In 2008, the country removed its last remaining provisions that prevented the acquisition of multiple nationalities.

In 2014, Belgium acceded to the 1961 Convention on the Reduction of Statelessness.

Legal framework

Legislation

The primary legal text is the Belgian nationality code (''Code de la nationalité belge (C.N.B.) / Wetboek van de Belgische nationaliteit (W.B.N.)''). The code is supplemented by various royal decrees (''arrêtés royaux / Koninklijk Besluit'') that govern the execution of the code. In the event of inconsistency between the code and the royal decrees, the code takes precedence.

All changes to Belgian law are published in the Belgian official journal (''Moniteur belge / Belgisch Staatsblad'').

The most comprehensive legal treatise on Belgian nationality is ''Traité de la nationalité en droit belge'' by Charles-Louis Closset and Bernadette Renauld, which was first published in 1993 and updated with a second edition in 2004 and a third edition in 2015.

Administration

The majority of nationality-related administration is conducted by Belgian municipalities (''communes / gemeente'') and Belgian diplomatic missions (including embassies and consulates, all falling under the jurisdiction of FPS Foreign Affairs). Where a person is required to make a declaration (''déclaration / verklaring''), this must usually be made at the municipality or diplomatic mission where they are registered. Certain declarations can only be made in Belgium at municipalities, while other declarations can only be made abroad at diplomatic missions.

The FPS Interior maintains a National Register (''Registre National / Rijksregister'') of citizens and foreigners residing on Belgian territory. Belgian nationality is usually encoded in this register, along with the way in which the citizen derives their nationality. However, Belgian nationality is ultimately a question of law and fact, and therefore omission from the National Register does not necessarily mean that a person does not have Belgian nationality.

Anyone listed in the National Register has the right to inspect their record and request for it to be corrected if it is inaccurate. A Belgian citizen may obtain a certificate of nationality from the National Register website, or from the municipality or embassy where they are registered (which will obtain the certificate from the National Register system on the citizen's behalf).

Attribution of Belgian nationality

A child can be attributed Belgian nationality at birth by being born to a Belgian citizen or born in Belgium, with conditions.

Birth to a Belgian citizen

Birth to a Belgian parent is the most common route for attribution of Belgian nationality. Due to the reform of the Belgian nationality code in 1984, the conditions attached depend principally on whether one was born before or after these reforms came into effect.

Birth on or before 31 December 1984

A person born on or before 31 December 1984 is attributed Belgian nationality if the person is:

* born in wedlock ( legitimately) to a male Belgian citizen OR;
* born out of wedlock and first parentally acknowledged by Belgian citizen.

In addition to the above provisions, a person who was born between 1 January 1967 and 31 December 1984, and who fulfils one of the conditions below relating to those born on or after 1 January 1985, is automatically attributed Belgian nationality taking effect on 1 January 1985.

Birth on or after 1 January 1985

A person born on or after 1 January 1985 is attributed Belgian nationality if the person is:

* born in Belgium to a Belgian citizen OR;
* born abroad to a Belgian citizen born in Belgium or the Belgian Congo before 30 June 1960 or in Rwanda or Burundi before 1 July 1962 OR;
* born abroad to a Belgian citizen born abroad and the parent submits an attribution declaration (''déclaration attributive / verklaring tot toekenning'') within five years of birth OR;
* born abroad to a Belgian citizen born abroad and the parent did not submit an attribution declaration within five years of birth, but the child holds no other nationality before turning 18 years old (and so would be stateless).

A child (under 18 years old) adopted by a Belgian citizen is attributed Belgian nationality on the same basis as the above conditions relating to birth to a Belgian citizen, with effect from the adoption date. These rules apply to adoptions since 1 January 1988; different rules apply for adoptions prior to 1988.

Birth in Belgium

A person born in Belgium to foreign parents is attributed Belgian nationality if the person:
* holds no other nationality before turning 18 years old (and so would be stateless) OR;
* loses their only other nationality before turning 18 years old (and so would be stateless) OR;
* has a parent who was born in Belgium and resident in Belgium for five of the 10 years before the person's birth OR;
* has lived in Belgium since birth and has two foreign parents (or foreign adoptive parents) who were born abroad and resident in Belgium for 10 years and make an attribution declaration before the person's 12th birthday OR;
*is adopted by a foreign parent and the foreign parent was born in Belgium and resident in Belgium for five of the 10 years before the adoption took effect.

Effectively these clauses result in Belgian nationality being attributed to the children of long-resident immigrants and the grandchildren of immigrants.

Acquisition of Belgian nationality

Belgian nationality can be acquired later in life (i.e. not at birth) through "declaration" or "naturalisation". The distinction is that declaration is a legal right, based on meeting the conditions, whereas naturalisation is a privilege that the government can decide whether or not to accord.

Declaration is now the principal route through which foreigners can acquire Belgian nationality, and naturalisation has become extremely rare. Approximately 30,000 to 40,000 people acquire Belgian nationality per year. In 2020, 32,663 people acquired Belgian nationality. The most common countries of origin have historically been Morocco, Romania, Poland, the United Kingdom and Italy.

It is no longer possible to acquire Belgian nationality through marriage (abolished in 1985) or through the "option" procedure between the ages of 18 and 22 years old (abolished in 2013).

Declaration

A person at least 18 years old can obtain Belgian nationality through declaration if the person meets one of the following criteria:

* born in Belgium and resident in Belgium since birth OR;
* resident in Belgium for five years and satisfies language, social and economic integration requirements OR;
* resident in Belgium for five years and married to a Belgian citizen for three years and satisfies a social integration requirement OR;
* resident in Belgium for five years and is handicapped, invalid or retired OR;
* resident in Belgium for 10 years and satisfies a language requirement and proves integration in their community through any means possible.
The declaration should be made according to the procedure outlined in the "Nationality declarations" section below.

Naturalisation

A person at least 18 years old may apply for naturalisation if the person possesses exceptional merits in the fields of sport, culture, or science, which would contribute to the international influence of the country. No residence period is formally required. The person must also explain why they cannot obtain Belgian nationality by declaration.

Naturalisation applications are considered by the Belgian Chamber Committee on Naturalisations.

Prior to 1 January 2013, any person at least 18 years old could apply for naturalisation after being resident in Belgium for three years.

Children

A child under 18 years old automatically acquires Belgian nationality if one of their parents acquires Belgian nationality.

Loss of Belgian nationality

Belgian nationality can be lost through renunciation, deprivation, residence overseas (satisfying specific criteria) or in certain cases applying to children.

Renunciation

A Belgian citizen at least 18 years old may renounce