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).
The Immigration Office had rejected her application, arguing that she was excluded from this status. However, the law only excludes certain holders of special cards if they fall under specific international conventions (Vienna 1961/1963, New York 1969, Vienna 1975).
The Council recalled an essential distinction: the regime applicable to SHAPE/NATO employees does not fall under the excluded diplomatic conventions but rather under other specific instruments, such as the 1951 Ottawa Convention and the NATO Agreements. Therefore, the exclusion invoked by the Immigration Office cannot be extended to this category of personnel.
This ruling is particularly significant for employees of international organizations in Belgium — such as SHAPE, NATO, EUROCONTROL, or other entities enjoying special status. It confirms that holding a diplomatic or special status does not automatically exclude one from the ordinary residence regime, and that the administration must provide legal and factual justification for any refusal.
In practice, holders of special cards (S, P, D, etc.) who wish to settle permanently in Belgium and apply for Belgian nationality may, under certain conditions, be eligible for long-term resident status, notably after five years of legal and uninterrupted residence.
Each case must be assessed individually, based on the legal grounds for residence and the applicable international instruments.
Céline Verbrouck
Attorney at the Brussels Bar
Specialized in Immigration Law, Nationality Law, and International Family Law
www.altea.be
+32 2 894 45 70