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Citizenship by Descent in Belgium

Citizenship by Descent in Belgium

Citizenship by descent in Belgium is awarded when the applicant has clearly established parentage linked to a Belgian national. There are three possible categories (depending on the applicant’s birth year) which are described in more detail below by our Belgium immigration lawyer. Regardless of the manner in which a foreign national who was been lawfully staying in Belgium wishes to apply for citizenship, asking for specialized legal assistance is recommended in order to understand and follow through with all the needed procedures.

Please keep in mind that this is one way of acquiring citizenship in Belgium that is reserved for a particular category. All other citizenship applicants are invited to read our other articles on acquiring this status through other routes, including marriage or naturalization.

Our team can help those interested in applying for citizenship and we can also assist foreign nationals who are only just arriving in the country and need more details on temporary or permanent residence.

Please read below more on citizenship by descent and reach out to us if you have any questions.

What are the conditions for applying for citizenship by descent?

There are three situations in which an applicant, usually before the age of 18, can claim citizenship by descent, meaning that he or she will be granted Belgian nationality based on the nationality of one or both parents. The following applies:

  1. Being born before 1 January 1967: when the applicant was born out of wedlock and the first parent to make the acknowledgment was a Belgian citizen;
  2. Born between 1 January 1967 and 31 December 1984: an individual is a Belgian citizen if he meets the conditions presented above before 01.01.1985 or the ones presented below since 01.01.1985;
  3. Born after 1 January 1985: an individual is a Belgian citizen if he/she was born in the country to a Belgian parent or he/she is born abroad and the Belgian parent satisfies certain conditions, such as making a declaration through which he or she requests that you, as a child, are to be given Belgian nationality.
  4. Others: if none of the situations apply, then the applicant will be included in a different category for acquiring nationality, namely the one for obtaining it by naturalization after the age of 18.

What is the general citizenship application process?

The application process for obtaining citizenship by descent in Belgium depends heavily on establishing parentage. This means that the applicant must be able to show beyond any reasonable doubt that he or she was born to a Belgian citizen.

When the third option presented above applies, category C as it is often referred to, when the applicant was born abroad, an important part of the process is the declaration submitted by the parent who was also born abroad. In this case, the parent is required to make the said statement within five years following the birth of the child, asking that he or she is to be granted Belgian nationality. The declaration is submitted at a Belgian consular office where the parent is also registered. When the parent lives in Belgium, he or she is to contact the registrar in the municipality.

Our Belgium immigration lawyer can give you more details on these situations as well as the general rules imposed by the Nationality Department belonging to the Federal Public Service for Foreign Affairs.

What are other routes for acquiring Belgian citizenship?

Acquiring Belgian citizenship is also possible for adopted individuals. This takes place once the date of adoption is official if the person is younger than eighteen years. The following conditions apply:

  • the individual applying for nationality was born in Belgium and adopted by a Belgian citizen; or
  • he/she was born abroad and was adopted by a Belgian citizen who was born in Belgium or in Belgian Congo (under certain conditions); or
  • he/she was born abroad and adopted by a Belgian citizen who was also born abroad but who submitted, within five years of the adoption, a declaration requesting Belgian nationality for the adopted.

Starting with 2013, individuals who have their main place of residence in Belgium and whose parents or adoptive parents have acquired nationality will automatically be granted nationality on the same date as the parents if they are still under eighteen years of age.

According to the Belgian statistical agency, the country had a population of 11,492,641 inhabitants in January 2020. Other data show the following:

  • the population has grown by 61,235 persons or 0.54 % on a yearly basis;
  • out of the total inhabitants, 51% were women and 49% men;
  • the country has a positive migration balance: more immigrants than emigrants, having registered an additional inflow of 55,031 individuals in 2019.

If you wish to know more about Belgium immigration, how to move to the country, or how to acquire citizenship, please contact our lawyers for more details.