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.

On 19 November 2025, a proposed legislation “on drug testing in transition houses and on the loss of Belgian nationality” was introduced in the Chamber of Representatives (DOC 56 1164/001).

On October 28, 2025, the Council for Alien Law Litigation recognized the rights of a SHAPE employee in a landmark decision for holders of “P” special cards (No. 335.083).

The judge annulled a decision by the Immigration Office that had refused to grant a Turkish national, employed by SHAPE and holding a special residency card, the status of long-term resident (Article 15bis of the Law of 15 December 1980).

Since October 12, 2025, travelling to Belgium from a non-EU country is no longer quite the same. The European Entry/Exit System (EES) has entered into force. This is an automated mechanism designed to electronically record crossings at the external borders of the Schengen area.

By Me Céline Verbrouck, attorney specializing in immigration and nationality law – ALTEA Law Firm

Children born abroad to a Belgian parent only acquire Belgian nationality at birth if that parent makes a declaration of attribution of Belgian nationality at the competent diplomatic or consular post within five years following the child’s birth.

In its judgment Sahiti v. Belgium (no. 24421/20) delivered on 9 October 2025, the European Court of Human Rights (ECtHR) found a violation of Article 8 of the Convention due to the absence of a final decision — since 2010 — on an application for residence on medical grounds lodged by a seriously ill Kosovar national.

Since October 1, 2025, any person — Belgian or foreign — wishing to carry out a self-employed activity in the Walloon Region, either as a natural person or through a company, no longer needs to prove “basic management skills.”