Constitutional Court, Judgment No. 51/2026 of 23 April 2026, Article 8, § 1, paragraph 1, 2°, b), of the Belgian Nationality Code

By Judgment No. 51/2026 of 23 April 2026, the Belgian Constitutional Court held that Article 8, § 1, paragraph 1, 2°, b), of the Belgian Nationality Code violates Articles 10, 11 and 22bis of the Constitution insofar as it does not allow the declaration claiming the attribution of Belgian nationality for a child born abroad to be made when the Belgian parent, who was also born abroad, has died within five years of that child's birth without having made such declaration.

On 26 February 2026, the Belgian government tabled a bill amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreign nationals (DOC 56 1377/001). The bill would allow the Immigration Office to impose lifetime entry bans on persons registered in the T.E.R. database (Terrorism, Extremism, Radicalisation), namely terrorists, potentially violent extremists and hate preachers residing irregularly in Belgium.

In Judgment No. 38/2026 of 2 April 2026, the Belgian Constitutional Court strikes down a restrictive reading of Articles 40ter, § 2, paragraph 2, 1°, and 42, § 1, paragraph 2, of the Law of 15 December 1980. When assessing the means-of-subsistence requirement for family reunification with a "sedentary" Belgian, the Immigration Office had been taking into account only the Belgian sponsor's personal income. The Court holds that this interpretation violates Articles 10 and 11 of the Constitution, read in conjunction with Article 8 of the European Convention on Human Rights.

On 14 and 15 May 2026, the Committee of Ministers of the Council of Europe will meet in Chișinău (Moldova) for its 135th session. On the agenda is the adoption of a political declaration on the interpretation and application of the European Convention on Human Rights in the context of irregular migration and the situation of foreign nationals convicted of serious offences.

Two important judgments—handed down in Brussels and Antwerp—strongly reaffirm the purpose of Article 10, §1 of the Belgian Nationality Code (BNC): to prevent a child born in Belgium from remaining without a nationality. Beyond the specific situations discussed in these cases, which involved children of Palestinian parents, these decisions are relevant to all files in which a child born in Belgium risks statelessness (or is confronted, in a purely theoretical way, with the alleged existence of a foreign nationality that is difficult to obtain, uncertain, or unproven).

A refusal of a study visa can ruin an academic year… even if the decision is unlawful. In an important judgment of 26 February 2026 (No. 22/2026), the Belgian Constitutional Court confirms a procedural reality that is often overlooked: in principle, the “extremely urgent” suspension procedure before the Council for Alien Law Litigation (CCE) is not available against a refusal of a student visa.

Reacquisition of Belgian nationality (Art. 24 of the Belgian Nationality Code): what expatriates need to know

Many former Belgians living abroad discover one day—often when applying for a passport, dealing with an inheritance, or planning a return to Europe—that they are no longer Belgian. The good news is that losing Belgian nationality is not always final. In many cases, reacquisition is possible through a declaration (Article 24 of the Belgian Nationality Code).

In Judgment No. 12/2026 of 22 January 2026, the Belgian Constitutional Court held that certain provisions of Article 11bis of the Belgian Nationality Code concerning the attribution of Belgian nationality to children born in Belgium are contrary to Articles 10 and 11 of the Belgian Constitution.

For several months now, many practitioners—lawyers and NGOs—have been observing a worrying practice by the Belgian Immigration Office (Office des étrangers): when a person submits an application for residence on medical grounds (Article 9ter), the administration increasingly refuses to include family members within the same protective framework and instead directs the spouse (or other close relatives) to file a separate application under Article 9bis.

As of 1 January 2026, Flanders will implement a far-reaching reform of its economic immigration policy and the single permit system. The stated objective is twofold: to better target genuine labour shortages and to strengthen safeguards against abuse. In practice, however, this reform represents a significant tightening of access to the Flemish labour market for foreign workers.