Cabinet d'avocats Altea
Cabinet d'avocats Altea
Slide One

Administrative and Constitutional Law
Immigration Law
international Family Law

Slide One

Administrative and Constitutional Law
Immigration Law
international Family Law

previous arrow
next arrow

Belgium – Immigration and citizenship: Country update 2023 – European Immigration Lawyers Network

1. Country overview

The year 2022 was marked by the asylum reception crisis. For months, the Belgian government has been failing to comply with its legal obligations regarding the reception of asylum-seekers.

Reacquisition of Belgian citizenship from overseas : petition

Reacquisition of Belgian citizenship from overseas : petition

Sign the petition: https://dekamer.mijnopinie.belgium.be/initiatives/839

As a rule, reacquisition of Belgian citizenship is required to be done on Belgian soil, after one year of residence in Belgium and provided that one has an unlimited residence permit in Belgium at the time of their application (Article 24 of the Belgian Nationality Code).

European Court of human rights: Change of time-limit for lodging applications

European Court of human rights: Change of time-limit for lodging applications

Protocol No. 15 to the European Convention on Human Rights came into force on 1 August 2021 once it had been signed and ratified by the 47 member States of the Council of Europe. The main changes brought about by this Protocol consist in the additions to the Convention of express references to the principle of subsidiarity and the margin of appreciation doctrine.

M-Card valid as proof of legal stay in Belgium for the acquisition of the Belgian nationality

M-Card valid as proof of legal stay in Belgium for the acquisition of the Belgian nationality

British citizens who “exercised their right to reside” in Belgium before January 1, 2021, and “continued to reside thereafter”, can apply until December 31, 2021, for the status of beneficiary of the Withdrawal Agreement (art. 47/5, §3 from the law of December 15, 1980, on the access to the territory, stay, establishments and return of the foreigners, and art. 69undecies, 1° from the royal decree of October 8, 1981, on the access to the territory, stay, establishments and return of the foreigners).

Declaration of Belgian citizenship in cases of children over the age of 5 years who are born abroad to a Belgian parent born abroad

Declaration of Belgian citizenship in cases of children over the age of 5 years who are born abroad to a Belgian parent born abroad

The Code of Belgian Nationality provides that a child born abroad to a Belgian parent who is him or herself born abroad, is Belgian if the Belgian parent makes an ‘award declaration’ (déclaration d'attribution/toekenningsverklaring) claiming Belgian nationality on behalf of the child (Article 8, (1) (2)) within 5 years of its birth.

Belgium – Immigration and citizenship: Country update 2021 – European Immigration Lawyers Network

Belgium – Immigration and citizenship: Country update 2021 – European Immigration Lawyers Network

1. Country Overview

Belgium is experiencing an increase in immigrant inflows and a decrease in outflows. Among EU citizens, more than half of first-issue residence permits are being granted for professional reasons. On the other hand, in the case of third-country nationals, family reasons are given as the main reason in the same scenario (45%).

Authorisation for essential travel to Belgium from India, Brazil or South Africa and for non-EU nationals

Authorisation for essential travel to Belgium from India, Brazil or South Africa and for non-EU nationals

A Ministerial Order, amending the Order of 28 October 2020, “introducing emergency measures to limit the spread of the COVID-19 coronavirus”, was published in the Belgian Official Gazette on 28 April 2021.

In order to limit the spread of new variants in Belgium, the Ministry of Foreign Affairs has already advised Belgian nationals or those with their primary residence in Belgium against travel to Brazil, South Africa or India.

The S-card and the M-card are valid residences to apply for Belgian nationality

The S-card and the M-card are valid residences to apply for Belgian nationality

The Code of Belgian Nationality allows the application for nationality provided that one has had a "legal residence" for a certain period of time, depending on the case. For a child, it is sometimes the parents who must be able to prove a legal residence.

Brexit: Last call for British nationals and their family members

Brexit: Last call for British nationals and their family members

A Belgian law passed on 16 December 2020 partially implementing the withdrawal agreement between the UK and the European Union provides British nationals and their family members with the opportunity to formalise any residence permits which were not requested or obtained before the end of the transition period i.e. prior to 31 December 2020.

Family reunions in Belgium and Coronavirus: travel permits for couples

Family reunions in Belgium and Coronavirus: travel permits for couples

Due to Covid-19, restrictions prohibiting non-essential travel have been implemented (Article 21 of Ministerial Order of 28/10/2020 introducing emergency measures to limit the spread of the Covid-19 coronavirus).

ALTEA LAWYERS

Altea brings together lawyers highly specialised in:

- Constitutional and administrative public law;

- Foreign nationals and private international family law.

The firm strives to be accessible.

Altea covers many intertwining areas but the firm’s lawyers all have an interest in defending human rights.

ADDRESS AND CONTACT

Boulevard Louis Schmidt 56, 1040 Etterbeek - Belgium

+32(0)2 894 45 70