You can obtain the BE nationality in 2 ways (Law of 28 June 1984 regarding Belgian nationality): by declaration of nationality or by naturalisation.
– Naturalisation is a favor arrangement awarded by the members of the BE parlement within the Naturalisation commission of the ‘Kamer van Volksvertegenwoordigers’ (the Belgian Chamber of Representatives). There is no appeal decision that exist against this decision;
– Declaration of nationality. There are seven options to receive the declaration of nationality: ‘being integrated’, ‘married to Belgian national’, ‘parent of Belgian underage child’, ‘born in Belgium’, applicant is unable to ‘work cause of handicap/invalidity’, applicant is at least ’65 years’ and ‘10 years legal residence in Belgium’.
Concrete procedure: being parent of a Belgian underage child
At Migrabel, one of the most common request or nationality has been the process of obtaining the Belgian nationality through the Belgian underage child. In concrete, a non-EU national that has a child born with Belgian nationality (eg. the child was born in hospital located on Belgian soil, cause the legal father is a Belgian national, …).
Side note – dual nationality
Please be informed that the dual or several nationality is allowed in Belgium (since 9 June 2007). The Belgian authorities do not require you to renounce your citizenship from your country of origin. However, your country of origin may have requirements in this regard, so please do check with your country of origin if you can obtain another nationality.
Step-by-step process overview
Step 1: go to local town hall of residence and request BE nationality based on art. 12bis §1 3° of 28 June 1984 regarding the Law of Belgian nationality.
Step 2: prepare file for application.
When consulted with the local Belgian town hall, you will receive information regarding the required conditions. In concrete, hereby the conditions for a non-EU national having a BE born national child:
– Copy of birth certificate of applicant, if required translated by sworn translator and legalized ;
– Copy of proof of registration rights (150,00€ but can be highered up at local town hall);
– Copy of current residence card applicant proving that applicant currently resides in Belgian ;
– Copy of overview of the legal adresses over past 5 years;
– Copy of overview of all residence documents over past 5 years;
– Copy of proof of knowledge of 1 of the 3 official Belgian languages. The proof can be given through several means (see Royal Decree 14/01/2013, chapter I);
– Copy of birth certificate child, if required legalized and sworn translated if in foreign language;
– Proof of community integration.
This can be proven by use of several methods (explained in Royal Decree of 14/10/2013, Chapter 1, article 7, 4°).
The most common method is to provide a copy of proof of having completed the Belgian integration course. Another commonly used method is provided by a copy of the individual account(s) proving that the non Belgian national has worked a minimum of 234 working days in Belgian (and as such contributed to the Belgian social security & taxes).
Step 3: application at Belgian town hall
The applicant provides the application file to the competent officer, declares formally to become Belgian national and pays the tax (registration rights for Belgian nationality declaration)
The declaration has to clearly note the following words by the applicant (when at Dutch town hall) : “Ik verklaar Belgisch staatsburger te willen worden en de Grondwet, de wetten van het Belgische volk en het Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden te zullen naleven.” The declaration has to be signed by the applicant.
Step 4 : administrative process
The officer at the Belgian town hall will evaluate and verify the application file within 30 working days.
If the application is complete, the town hall officer does send the application to 3 instances being the competent Court of First Instance, the Foreign Office and Department of Homeland Security.
Within 4 months, the Court of First Instance has to provide you with a binding advice. If positive, the applicant will be registered in the Belgian population register. As of that day, the applicant is officially considered a Belgian national. If refused, an appeal procedure is possible within 15 days of receiving notice from the local town hall officer that the application has been refused.
Should you have any question regarding this procedure or any possibility for you or your family member to obtain the Belgian nationality, please do not hesitate to contact us at email@example.com.
Wishing you a great day,