Belgian

Belgium

Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...

 citizenship is based on a mixture of the principles of Jus sanguinis

Jus sanguinis

Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...

 and Jus soli

Jus soli

Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...

. In other words, both place of birth and Belgian parentage are relevant for determining whether a person is a Belgian citizen. It is regulated by the Code of Belgian Nationality.

In some circumstances citizenship is granted to children born in Belgium to non-Belgian parents. This is not the case where parents are temporary or short term visitors.

Birth in Belgium

A person born in Belgium (to non-Belgian parents) is a Belgian citizen if that person:

• holds no other nationality at the time of birth (i.e., is stateless) OR;
• loses any other nationality before turning 18 OR;
• has a parent who was born in Belgium or who has lived in Belgium for at least five years during the last 10 years OR;
• is adopted (while under 18) by a parent holding another nationality who was born in Belgium and who has had their main place of residence in Belgium for five years during the 10 year period before the adoption takes effect.
• has two parents or adoptive parents born abroad who submitted a declaration before that person's twelfth birthday requesting that the person be granted Belgian nationality. Belgium must have been the parents' main place of residence during the 10 years preceding the declaration, and the person must have lived in Belgium since birth.

Effectively this means that:

• the children of long-resident immigrants can acquire Belgian citizenship
• the grandchildren of immigrants to Belgium are normally Belgian by birth

Before 1 January 1967

Belgian citizenship is acquired by:

• the legitimate child of a father who is a Belgian citizen OR;
• a person born outside wedlock who was acknowledged by one's mother who is a Belgian citizen, at least until being acknowledged by one's father (if happening before majority age : 21 years old). That person is definitely Belgian after one's majority if no change occured.

1 January 1967 to 31 December 1984

Belgian citizenship is acquired by:

• birth in Belgium to a Belgian citizen OR;
• birth outside Belgium where the person is the legitimate child of a father who is a Belgian citizen OR;
• birth outside Belgium to a mother who is a Belgian citizen and who was born in Belgium or in Belgian Congo
  Belgian Congo
  The Belgian Congo was the formal title of present-day Democratic Republic of the Congo between King Leopold II's formal relinquishment of his personal control over the state to Belgium on 15 November 1908, and Congolese independence on 30 June 1960.-Congo Free State, 1884–1908:Until the latter...
  
   before 30 June 1960 or in Rwanda
  Rwanda
  Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
  
   or Burundi
  Burundi
  Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
  
   before 1 July 1962.

On or after 1 January 1985

Belgian citizenship is acquired by:

• birth in Belgium to a Belgian citizen OR;
• One was born abroad AND:
  • 1. the Belgian parent was born in Belgium or in Belgian Congo before 30 June 1960 or in Rwanda or Burundi before 1 July 1962 OR;
  • 2. the Belgian parent was born abroad and makes a declaration, within a period of five years following the child's birth, requesting that he be granted Belgian nationality. This declaration (declaration d'attribution/toekenningsverklaring) must be submitted to the Belgian embassy or consulate in the main place of residence of the Belgian parent abroad, or the registrar in the parent's municipality (if the parent lives in Belgium). Belgian nationality is obtained on the date upon which the declaration is made.

Where a person is born outside Belgium and the Belgian parent who was born abroad does not submit a "déclaration d'attribution/toekenningsverklaring" within a period of five years following the child's birth, a late declaration is allowed provided the child does not have another. If the child acquires another nationality before age 18, Belgian nationality is lost.

Naturalisation as a Belgian citizen

A person may be naturalised as a Belgian citizen after three years residence in Belgium.

• This period is reduced to two years for political refugees and stateless persons.
• Residence abroad can be equated with residence in Belgium if one can prove that one had genuine ties with Belgium during the periods stipulated above.

Normally a person must be aged 18 or over in order to become a naturalised Belgian citizen. Unemancipated minors obtain Belgian citizenship automatically at the same time a responsible parent is naturalised.

Where a person is married to a Belgian citizen for over three years, and has held a permit allowing settlement in Belgium for that period, the residence period for naturalisation may be reduced to 6 months.

Belgian citizenship by declaration

This is a simplified form of naturalisation for certain people with special ties to Belgium.

Nationality declaration

From the age of 18 a person can obtain Belgian nationality by signing a nationality declaration if that person meets one of the following criteria:

• born in Belgium and with main place of residence in Belgium, without any interruptions, birth OR;
• one was born abroad to a Belgian citizen parent OR;
• the person has had a main place of residence in Belgium for at least seven years and has an unlimited residence permit or authorisation to settle in Belgium.

The nationality declaration can only be signed in front of the registrar in the applicant's municipality in Belgium. This declaration can not be approved by a Belgian embassy or consulate.

Opting for Belgian nationality between 18 and 22 years of age

A person aged between 18 and 22 can sign a declaration indicating opting for Belgian nationality if that person meets one of the following criteria:

• born in Belgium OR;
• born abroad and one of the person's adoptive parents is a Belgian citizen at the time the declaration opting for Belgian nationality is made OR;
• born abroad and one of the person's parents or adoptive parents was a Belgian citizen when the person was born OR;
• born abroad and with a main place of residence in Belgium with the person's parents or adoptive parents for at least one year before the child turned six.

All applicants must also meet the following criteria:

• main place of residence must have been in Belgium during the 12 month period preceding the declaration; and
• main place of residence in Belgium either between the ages of 14 and 18 or for a period of at least nine years. The applicant is exempt from these latter two criteria if one the person's parents or adoptive parents was a Belgian citizen or had previously held Belgian citizenship at the time of the persons's birth.

Residence abroad can be equated with residence in Belgium if one can prove that one has genuine ties with Belgium.

Belgian citizenship by marriage

Since 1 January 1985, marriage does not give any direct claim to Belgian citizenship. However, he or she may request Belgian nationality after the marriage has taken place.

Belgian citizenship by adoption

From 1 January 1988, children adopted by Belgian citizens generally acquire Belgian citizenship on the same basis as those born to Belgian citizens. Different rules apply for adoptions completed prior to 1988.

Loss of Belgian citizenship

A person at least 18 years old who voluntarily obtained another nationality before 9 June 2007 automatically lost their Belgian nationality. A person at least 18 years old who voluntarily obtained the nationality of Austria

Austria

Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

, Denmark

Denmark

Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

, France

France

The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, Ireland

Republic of Ireland

Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

, Italy

Italy

Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

, Luxembourg

Luxembourg

Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...

, the Netherlands, Norway

Norway

Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...

, Spain

Spain

Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

 or the United Kingdom

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

between 9 June 2007 and 28 April 2008 automatically lost their Belgian nationality. A person who voluntarily obtains another nationality after 28 April 2008 will no longer lose their Belgian nationality, regardless of the nationality acquired.
It is also possible to lose Belgian citizenship in the following circumstances

Residence overseas

A Belgian citizen born outside Belgium on or after 1 January 1967 will lose Belgian citizenship at age 28 if:

• between the ages of 18 and 28, the person's main place of residence was not in Belgium AND;
• the person holds one or more other nationalities AND;
• the person has not made a déclaration de conservation/behoudsverklaring (declaration stating ones intention to retain Belgian nationality) between the ages of 18 and 28.

To avoid losing ones Belgian nationality a person not only has to make a déclaration de conservation/behoudsverklaring between the ages of 18 and 28, it also must be made again every 10 years. (This requirement has now been eliminated; see Belgium Today, Vol. 12, Issue 1)

Renunciation

A Belgian citizen aged 18 and over may renounce Belgian citizenship by declaration lodged with the Belgian authorities.

Children

A child under 18 will lose Belgian citizenship if a responsible parent loses Belgian citizenship. Exceptions include cases where:

• the child is stateless
• the other parent remains a Belgian citizen

Children aged under 18 also lose Belgian citizenship if adopted by a non-Belgian, and the child acquires another nationality upon adoption. An exception applies if one of the adoptive parents is a Belgian citizen.

A child who has acquired Belgian citizenship on the grounds of being stateless, who acquires another nationality before age 18, loses Belgian citizenship.

Deprivation of Belgian citizenship

Belgian nationality can be withdrawn (déclaration de déchéance/vervallensverklaring) if a person has acquired Belgian citizenship through one of the provisions for those with non-Belgian parents AND the person is "in serious breach" of his or her obligations as a Belgian citizen.

Resumption of Belgian citizenship

A former Belgian citizen (other than a person deprived of citizenship) may resume Belgian citizenship by declaration after a 12 month period of residence. Residence abroad can be equated with residence in Belgium if the person can prove genuine ties with Belgium.

The conditions under which the person lost his Belgian nationality and the reasons for wishing to regain it will be taken into account.

Children aged under 18 automatically acquire Belgian citizenship if a responsible parent resumes Belgian citizenship.

Dual citizenship

Since 28 April 2008 Belgian law permits all Belgian nationals to obtain any other nationality without losing their Belgian nationality.

External links

• Information on Belgian nationality, Belgian Ministry for Foreign Affairs