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).
Since 2018, however, there has been an exception to this rule: It is possible for Belgians born overseas, who have lost their citizenship due to the impossibility of signing the declaration of retention of citizenship between the ages of 18 and 28, to submit a request for reacquisition to the competent diplomatic office in their country of origin.In addition, the Crown Prosecutor may issue a positive opinion on their request for reacquisition after having assessed the circumstances of the case, even if the conditions of one year of principal residence in Belgium and possession of an unlimited residence permit at the time of declaration are not met (Article 15, paras. 2 and 24, para.3 of the Belgian Nationality Code).
For all other former Belgians, such an option of lodging an application for reacquisition from overseas does not exist explicitly. In practice, these former Belgians are forced to undergo heavy administrative procedures. They must first apply for a residence permit and establish their principal residence in Belgium. Then, the Crown Prosecutor may deny their application if they do not have one year of residence in Belgium and an unlimited residence permit when submitting their application.
Before 2007, Belgium did not accept dual citizenship. Any Belgian who voluntarily acquired another nationality (and their children) would automatically lose their Belgian citizenship. In 2007, aware that this regime was no longer in line with societal realities and was unfair and discriminatory, lawmakers made multiple citizenship possible. However, no special regime has been put in place to allow former Belgians who have lost their Belgian citizenship as a result of their voluntary acquisition of a foreign nationality to reacquire the former easily.
At present, therefore, there is a significant difference in treatment between:
- On the one hand, Belgians born overseas who have lost their Belgian nationality due to the impossibility of signing the declaration of retention of nationality between the ages of 18 and 28
- And on the other hand, all other former Belgians.
However, the preparatory work in 2018 does not provide any explanation for this difference in treatment.It seems to us that the issue of the other former Belgians has simply been forgotten.
This difference in treatment is all the more unjustified for Belgians born in Belgium. Their links with Belgium (which are the ratio legis of these loss and reacquisition mechanisms) are all the more obvious.
In this context, we suggest a legislative amendment to allow the reacquisition of Belgian citizenship from overseas for all former Belgians, or at least for former Belgians born in Belgium.
Sign our petition!
Céline Verbrouck
Immigration and Private International Family Lawyer