Belgian nationality law

Belgian citizenship is based on a mixture of the principles of Jus sanguinis and Jus soli. 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.

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

Effectively this means that:

Access to Belgian citizenship depends on one's date of birth:

Belgian citizenship is acquired by:

Belgian citizenship is acquired by:

Belgian citizenship is acquired by:

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 risks becoming stateless due to the other parent not being able to transfer their nationality, or the country of birth not granting nationality, the child will acquire Belgian nationality automatically. If the child then acquires another nationality before age 18, Belgian nationality is lost.

Before January 1 of 2013 - when modifications to the Belgium Nationality Code entered into force, - after three years of legal residence in Belgium any person aged 18 or more years, could apply for a naturalisation. Since 1 of January 2013, naturalisation has only been granted as an exceptional act resulting in appreciation that the applicant possesses exceptional merits in the fields of sport, culture, or science. No residence period is formally required.

Unlike naturalisation (a privilege), declaration of Belgian citizenship is a right of those legal aliens who respond to certain criteria defined in Nationality Code of Belgium.

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:

The integration requirement applies to all the previous criteria except those who were born in Belgium and those who are handicapped, invalid, or retired. Being integrated is defined as knowing one of the three national languages and being duly 'socially integrated' and 'economically active'.

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.

Effective January 1, 2013, the option procedure was abolished by the Act of 4 December 2012.

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