Author
In 2024, 60,106 aliens acquired Belgian citizenship, while 42 persons lost Belgian citizenship.[1] In 2025, from January up until September, 52,713 persons acquired Belgian citizenship.[2] This thus represents a rising trend and is a continuation of one of the first steep peaks since 2000-2002.[3]
The Chamber in January 2026 approved a law proposal on the possible “cancellation” (vervallenverklaring) of the Belgian nationality for persons who have committed “serious crimes that constitute a fundamental threat to society”.[4] This is only possible if the person acquired Belgian nationality in the last 15 years (as opposed to 10 years under the previous regulation). Other than that, persons with a double nationality and having been convicted of terrorism, will automatically lose their Belgian nationality.[5]
There are multiple systems for receiving the Belgian nationality available for aliens. The main system is named ‘declaration of nationality’, whereas an exceptional system named ‘naturalisation’ is also available for certain categories of aliens. Apart from those two mechanisms of ‘acquiring the Belgian nationality’ (verkrijging van de Belgische nationaliteit/acquisition de la nationalité belge) there is a third mechanism of ‘granting the Belgian nationality’ (toekenning van de Belgische nationaliteit/attribution de la nationalité belge), which is the result of an almost automatic procedure mostly used for minors who receive citizenship by descent, after adoption or because they were born in Belgium.
The granting of nationality happens automatically for[6]:
- children born in Belgium out of at least one parent with Belgian nationality
- children born abroad out of a Belgian parent who was themselves born in Belgium
In other cases, the granting of nationality is still possible based on a “declaration of nationality” (depending on whether the child was born in or outside Belgium, and on the nationality of the parent).[7]
The Constitutional Court recently ruled that the condition that children born in Belgium can only obtain Belgian nationality before the age of 12 if both their parents have had their main place of residence in Belgium for the past 10 years[8], is discriminatory. In practice this means that:
- A declaration of nationality for a child born in Belgium who has had their primary residence here since birth may be filed by one parent who meets the residency requirements (10 years of primary residence in Belgium and a right of residence of unlimited duration).
- The other parent does not have to fulfil any conditions concerning the main place of residence or legal stay.[9]
On 6 December 2022, some significant changes were made to the Code of Belgian nationality including:
- The formulation of Article 10 is altered in the sense that a child born in Belgium who does not have another nationality, automatically has the Belgian nationality without first having to be recognised as stateless;[10]
- A Central Authority for nationality is constituted within the Federal Public Service (FPS) Justice. If a local officer of a municipality has doubts about the application of the Code of Belgian nationality, it can ask for a non-binding advice of this Central Authority, that gives advice within 6 months (delay which can be prolonged with another 6 months).[11]
Legal discussions exist on the application of Article 10 to children born in Belgium by Palestinian parents. According to one interpretation, children from Palestinian parents born in Belgium have the Palestinian nationality, whereas others claim it is impossible for them to receive Palestinian nationality because Palestinian legislation on this matter is non-existent.[12] Case-law on this matter is inconsistent. On the basis of the second interpretation, Article 10 has indeed been applied to children from Palestinians born in Belgium. Since the summer of 2023 the Immigration Office sent letters in more than 170 files to municipalities and public prosecutors who had granted the Belgian nationality in such cases, stating that these children have the Palestinian nationality and asking to change the nationality granted to these children.[13] The federal Ombudsman intervened, stating that the Immigration Office is not legally competent to instruct municipalities on the matter of nationality, this competence being reserved to the Central Authority for nationality or the public prosecutor.[14] In a reaction, the Secretary of State stated that the letters do not instruct municipalities in these cases, but only provides information and advice, municipalities remaining exclusively competent to take the final decision.[15] However, the federal Ombudsman found that the Immigration Office had composed these advisory letters in the same way as its (binding) instructions to municipalities in other matters concerning asylum and migration, and thus created confusion and chaos among municipalities, some municipalities having decided to ignore the letter whereas others have withdrawn the Belgian nationality of the persons involved. The Ombudsman advised the Immigration Office to stop sending these letters and to inform the municipalities that the received letter should not be considered.[16] In January 2025, the Federal Ombudsman directed two new recommendations to the Immigration Office and the Minister of Justice,[17] having found that although its previous advice led the Immigration Office to stop sending letters, it kept communicating with municipalities about their interpretation of article 10 Nationality Code. Consequently, some municipalities revoked the Belgian nationality of children to which they had previously granted it, the Federal Ombudsman being aware of 130 of these cases concerning Palestinian children. The Ombudsman also received complaints from parents of a child having received nationality on the basis of Article 10 Nationality Code, parents who had themselves applied for a residence permit on the basis of the nationality of their child. However, the Immigration Office contacted the local authorities responsible for granting nationality and expressed doubts about the application of Article 10 in these cases. As a result, it postponed decisions on the family reunification requests. Six of the seven cases concerned Palestinian parents. In all six cases, the applications of the parents have been pending for over a year. The Federal Ombudsman reaffirmed that the Immigration Office has no legal authority to advise on nationality matters and emphasised that its actions go beyond merely providing information, demonstrating a serious lack of caution in the analyses it submits to civil registrars.[18]
To this day (March 2026) the issue does not seem to be resolved. The deprivation of nationality often takes place without regard for the necessary legal and procedural safeguards, and courts continue to seem divided on how these cases should be handled. Myria has reported ongoing complaints also in 2025, concerning, inter alia:[19]
- the deprivation of Belgian nationality from children of Palestinian origin born in Belgium
- sudden decisions by municipalities to deprive of Belgian nationality without informing the families concerned;
- Issues with the recovery of the growth package (benefits for parents with children) after the deprivation of Belgian nationality;
- a municipality that decides not to deprive of Belgian nationality, after which the Immigration Office did however withdraw the residence permit of the parent who deducted their residence right from their Belgian child.
Some courts have opposed the practice of the deprivation of the Belgian nationality in appeal procedures brought before them. The Court of first instance in Mechelen has judged that the municipality did not sufficiently motivate the deprivation of the Belgian nationality, as such decision could not be motivated based on the sole fact that the Immigration office, which is not competent in such matters, has a different opinion on the matter. It considers the deprivation of the nationality a ‘manifestly unlawful infringement of a subjective right’.[20] The Court of appeal in Brussels also ruled that by granting the Belgian nationality and retracting it only months later, the principle of legal certainty is breached. It moreover condemns the practice of the municipality by retracting the nationality based on the instruction of the Immigration Office:
- without notifying the parents
- without proper motivation
- without acquiring advice from the public prosecutor’s
- without taking into account the consequences concerning the right to a private and family life
- without taking into account the best interest of the child.[21]
Naturalisation stricto sensu
Naturalisation in the narrow sense is a concessionary measure granted by the House of Representatives which is only available under the cumulative conditions laid down in the Code of Belgian Nationality:[22]
- The applicant has to be 18 years or older;
- The applicant has to stay legally in Belgium;
- The applicant must have achieved great things which shed a favourable light on the Kingdom of Belgium.
This achievement (i.e. honoris causa) can be either scientific, sportive or cultural and social. Since the Law of 4 December 2012 amending the Code of Belgian Nationality, this possibility no longer applies to recognised refugees or beneficiaries of subsidiary protection.[23] Legal stay implies a right to residence of unlimited duration.[24]
The second possibility to become a Belgian citizen by naturalisation in the narrow sense through concessionary granting by the House of Representatives is only available for recognised stateless people who are 18 years or older and are legally staying in Belgium with a right to residence for unlimited time.[25]
The amount of ‘naturalisations’ as a means of receiving the Belgian nationality is steadily decreasing: it represented 0.4% (203 in total) of all changes of nationality in 2023, compared to 23.2% in 2013.[26]
Declaration of nationality
Apart from the aforementioned possibilities for acquiring Belgian nationality, foreign nationals can also resort to a system called ‘declaration of nationality’. This possibility is laid down in Article 12bis of the Code of Nationality and contains the following possibilities that are relevant for refugees and beneficiaries of subsidiary protection based inter alia on:
5 years of legal stay and integration
The first option requires 5 years of having your main place of residence in Belgium on the ground of uninterrupted legal stay[29] and proof of integration. As regards to the first condition, problems may arise where a person is erased from the register (ambtelijke schrapping). This can happen when the person is no longer to be found at the known address, which may give rise to the suspicion that the person is no longer living in Belgium. In such cases, this is considered as an interruption of the main place of residence in Belgium, whereby the five years start running again from 0 once the person is again registered.[30] Recently however, the court of first Instance in Antwerp ruled that the person should have the possibility to provide proof of uninterrupted stay in Belgium when they were erased from the registers, especially considering the erasure was only for one month.[31]
In order to acquire Belgian citizenship through this option, an applicant has to be 18 years or older, have stayed legally in Belgium as primary residence for 5 years uninterrupted and prove knowledge of languages, social integration and economical participation. Legal stay again implies a right to residence of unlimited duration.[32] Since July 2018, the duration of the asylum procedure leading to the recognition of refugee status (for recognised refugees) is once again considered when calculating the length of legal residence (5 or 10 years) preceding the declaration of nationality.
The Code of Belgian Nationality provides for several options in order to prove social integration, such as having completed vocational training of 400 hours, having followed successfully an integration course, having been employed or working as an entrepreneur for 5 years or having obtained a degree. The language requirement is automatically fulfilled if integration is proved. Documents that prove sufficient knowledge of the national languages are listed in Article 1 of the Royal Decree 2013.[33] In a judgment of the Court of Appeal in Ghent, the court decided that if one of the listed documents is provided, the actual knowledge of the languages is irrelevant.[34] In casu a woman unable to speak any of the three national languages, was able to provide the document referred to in Article 1(5)(a) of the Royal Decree, which led to the conclusion that she satisfied the language condition. The court thus confirmed that the Belgian legislator opted for a documentary system and is not allowed to test the language condition in a conversation.
Economical participation can be proven by either having worked as an employee for 468 days during the past 5 years, or by having paid social contribution during at least 6 quarters in the past 5 years as an entrepreneur. The duration of either obtaining a degree or completing vocational training, as mentioned in the social integration condition can be subtracted from the 468 days or 6 quarters. Examples of this subtraction are provided in the circular March 2013.[35] Specific details on the documents available to prove social integration, knowledge of languages and economic participation are provided for in the March 2013 Circular.[36]
10 years of legal stay
Article 12bis(1)(5) of the Code of Belgian Nationality refers to people who have legally stayed in Belgium for 10 years without a significant interruption. The first requirement is to have stayed in Belgium for 10 years and to have a right of residence of unlimited duration. The language requirement is explicitly mentioned as well. The new condition for this option is the fact that an applicant has to prove participation to life in the receiving society. There is no strict legal definition for ‘receiving society’ but the Circular of 2013 specifies that ‘receiving society’ cannot be interpreted as meaning the society of people of the same origin as the applicant.[37] The circular also specifies that participation to life in the receiving society can be proven by any means. Some indications mentioned in the circular are school attendance, vocational training and participation in associations.
Procedure
The details of the procedure are laid down in Article 15 of the Code of Belgian Nationality.
On the 29th of July 2025, a new program law entered into force: this law foresees a rise in price for the registration of Belgian nationality from 150 euro to 1000 euro (in 2026: 1,030 euro). This price raise is applicable to both naturalisation and acquisition of Belgian nationality. It is however not applicable to the granting of Belgian nationality.[38]
Concerns have been raised about the effective access to Belgian – and thus European – citizenship. No differentiation on these required payments has been provided based on income, dependants, and no exception is possible for persons in financially precarious situations, such as persons unable to work. Moreover has Myria estimated that this measure will have a more severe effect on women. Lastly, there is a risk of the measure indirectly affecting children and their access to Belgian nationality, based on the precarious financial situation of the parent and the consequential inability for the parent to obtain Belgian nationality, affecting the nationality of the child.[39] In January 2026, several civil society organisations have introduced an appeal against this legislative change at the Constitutional Court. The case is pending.[40]
Proof of payment of the registration fee is an essential condition for the treatment of a file. After completing the payment, the applicant has to make the actual declaration at the municipal services of their current place of residence. The municipality might ask for the payment of another fee (stamp duties), the amount of which differs per municipality. The civil servant will issue a document proving that the applicant has made the declaration. Within 30 days of the making of the declaration, the civil servant has to check the file for incompleteness and if so, the civil servant flags the missing documents and gives the applicant 2 months’ time to complete the file. If the file is complete, the civil servant issues a certificate of receipt within 35 days of the declaration. If the file was previously incomplete, the civil servant has 15 days to issue the certificate of receipt after the 2 months of extra time given to the applicant. In the event that the file would still be incomplete, the civil servant issues a document within 15 days stating that the application is inadmissible.
If the file is complete, the civil servant has 5 days to send the file to the prosecutor of the first instance courts, the Immigration Office and National Security. The prosecutor of the court of first instance has to notify the civil servant of receipt promptly. The prosecutor has 4 months after the issuance of the certificate of receipt to issue a binding advice on the declaration of nationality. Several situations can occur at this stage:
- The prosecutor does not respond: In the case where the court does not issue a certificate of receipt it is expected that the file did not arrive at the court, which leads to an automatic dismissal of the declaration of nationality. The applicant can appeal this by sending a registered letter to the civil servant asking that the file be resent to the court of first instance.
- The prosecutor issues a certificate of receipt but does not issue an opinion: The declaration is automatically accepted. The civil servant will notify the applicant and register the applicant. The applicant is a Belgian citizen from the day of registration.
- The prosecutor does not stand against the declaration: If the prosecutor does not stand against the declaration the civil servant notifies and registers the applicant. The applicant is a Belgian citizen from the day of registration.
- The prosecutor stands against the declaration: If the prosecutor stands against the declaration, it issues a registered letter to the civil servant and the applicant. The applicant can appeal this decision by sending a registered letter to the civil servant asking that the file be resent to the court of first instance.
In the two situations where the applicant can appeal to the court of first instance, the applicant has 15 days, starting from receiving the negative advice or the notification of the civil servant, to demand the civil servant to transfer the case to the court of first instance. The judge in the court of first instance will have to make a motivated decision on the negative advice and will hear the applicant. The registry of the court of first instance will notify the applicant of the decision.
A second appeal is available with the court of appeal for both the applicant and the prosecutor. The time limit is again 15 days. The procedure however is expensive and can take a long time. The court will rule after advice from the general prosecutor and the applicant will be heard. In the event of a positive decision the prosecutor will send the outcome to the civil servant. The civil servant will subsequently notify and register the applicant. The applicant is a Belgian citizen from the day of registration. In the event of a negative outcome, the procedure ends there.
[1] Statbel, Residents who obtained Belgian nationality, 11 June 2025, available in Dutch, French, German and English here. The number relates only to persons who already had/have another nationality.
[2] Statbel, Non Belgians that became Belgian by month, region and nationality, available in English here.
[3] Statbel, Number of nationality changes in Belgium since 1992, available in English here.
[4] Law Proposal, Regarding the revocation of Belgian citizenship and the right of residence of persons with dual citizenship who have been convicted of crimes against public safety, crimes against humanity, human trafficking, serious sexual offenses, and genocide’, 30 June 2025, available in Dutch and French here. Myria, along with FIRM (federal institute for the promotion and protection of fundamental right in Belgium, also wrote an extensive advice on this law proposal, 30 November 2025, available in Dutch here.
[5] Annelies Verlinden, Minister of Justice, ‘green light for expansion of retraction of Belgian nationality’, available in Dutch, French and German here.
[6] Article 8, Belgian Nationality Code
[7] For more information, see : FOD Justitie, ‘verklaring tot toekenning’, available in French,Dutch and German here.
[8] Article 11bis §1 b) of the Belgian Nationality Code.
[9] Constitutional Court 22 January 2026, nr. 12/2026 of 22 January 2026, available in Dutch here.
[10] FOD Justitie, ‘Act to Make the Justice System More Humane, Faster, and More Effective llbis’, Article 45, 6 December 2022, available in Dutch, French and German here.
[11] Ibid, article 48.
[12] For an extensive overview of this legal discussion, see: ‘ ‘Are children of Palestinian origin born in Belgium considered Belgian? Municipalities and courts have jurisdiction, not the Immigration Office’’, 21 november 2023 (modified 1 February 2024), available in Dutch via https://bit.ly/3UdHXJa.
[13] Joint recommendations Myria, the Children’s Rights Commissioner and the Délégué General aux droits de l’Enfant, Children born in Belgium out of Palestinian Parents at risk of losing their nationality, p. 2 , referring to a response from the migration service on 1 October 2025, 2 December 2025, available in Dutch here.
[14] Federal Ombudsman, ‘Advice 2023/06 to the Immigration Office: respect the legal competences regarding nationality’, available in French at: https://bit.ly/3xlASwU.
[15] Chamber of representatives, Commission of Internal Affairs, Security, Migration and Administrative matters, 10 January 2024, available at: https://bit.ly/3TU3pm1, 14.
[16] Federal Ombudsman, ‘Advice 2023/06 to the Immigration Office: respect the legal competences regarding nationality’, available in French at: https://bit.ly/3xlASwU.
[17] Federal Ombudsman, ‘Advice 2024/4 and 2024/05 to the Immigration Office and the Minister of Justice’, 9 January 2025, available here, 2.
[18] Federal Ombudsman, ‘Advice 2024/4 and 2024/05 to the Immigration Office and the Minister of Justice’, 9 January 2025, available here, 2.
[19] Myria, Children’s Rights Commissionner, Délégué general aux droits de l’enfant, Advice of 2 December 2025 on children born in Belgian out of parents of Palestinian origin who are at risk of losing their Belgian nationality, available in Dutch here.
[20] Court of first Instance Antwerpen, department Mechelen, nr 25/2223, 22 May 2025, available in Dutch here.
[21] Court of Appeal Brussels, nr 2026/622, 22 January 2026.
[22] Article 19 Belgian Nationality Code and Circular of 8 March 2013, published on 14 March 2013.
[23] Law of 4 December 2012 on changes to the Belgian Nationality Code in order to make obtaining Belgian nationality migration-neutral, 14 December 2012, 2012009519, 79998.
[24] Article 7bis(2)(1) Belgian Nationality code.
[25] Article 19(2) Beligan nationality code
[26] Myria, La migration en chiffres et en droits : le rapport migration 2024 sous forme de cahiers – Nationalité, available in French here, 11.
[27] Article 12-bis(1)(2) Belgian Nationality code
[28] Article 12-bis(2)(5) Belgian Nationality code.
[29] Article 12bis §1, 2° Belgian Nationality code.
[30] Circular of 8 March 2013 concerning certain aspects of the Act of December 4, 2012, amending the Belgian Nationality Code to make the acquisition of Belgian nationality migration-neutral, 8 March 2013, available in Dutch and French here.
[31] Court of first Instance Turnhout, nr. 24/459/B of 2 December 2024, available in Dutch here.
[32] Article 7-bis(2)(1) Code of Belgian Nationality.
[33] Royal Decree of 14 January 2013 executing the law of 4 December 2012 on changes to the Code of Belgian nationality in order to make obtaining Belgian nationality migration-neutral, 21 January 2013, 2013009022, 2596.
[34] Court of Appeal Ghent, 2014/AR/1095, 24 December 2015.
[35] Circular of 8 March 2013 concerning certain aspects of the law of 4 December 2012 on changes to the Code of Belgian nationality in order to render the acquisition Belgian nationality migration-neutral, 14 March 2013, 2013009118, para IV A(1)(1.2)(3)(b.2).
[36] Circular of 8 March 2013, para IV A(1)(1.2).
[37] Circular of 8 March 2013, para IV A(1)(1.1)(4).
[38] Program law, 18 July 2025, art. 4 1°, available in Dutch, French and German here.
[39] Myria, ‘advice on the law proposal changing the registration rights on nationality, 21 March 2024’, available in Dutch here.
[40] Constitutional Court, Pending case n°8633, available in Dutch and French here.