Country / Territory
Related contacts
Senior Associate
Related offices
Related content
Related contacts
Senior Associate
Related offices
Related content
Related contacts
Senior Associate
Related offices
Related content
By: Wout Van Doren
Belgium’s highest civil court, the Cour de Cassation/Hof van Cassatie, recently ruled that EU citizens may obtain Belgian nationality based on their Special ID-Card.
Background
The Belgian Nationality Code provides that all applicants must prove uninterrupted legal residence in Belgium for at least five to 10 years during the period immediately preceding a Belgian nationality application.
Special ID-Cards are typically granted to EU officials, diplomats, international civil servants and their family members. However, it is not listed among the specific documents that may be accepted as proof of legal residence for this application, as determined by the Royal Decree of 2013.
Ruling
The question of whether a Special ID-Card can constitute proof of legal residence for the purposes of applying for Belgian nationality has been questioned numerous times and has even led to contradictory jurisprudence seemingly running along the linguistic divide. The French language division of the Brussels Court of Appeal ruling in favour and the Dutch language division of the same court ruling against.
In December 2020, the Cour de Cassation/Hof van Cassatie stepped in to clarify the matter once and for all. The Court held that the time spent by EU citizens and their family members in Belgium as holders of the Special ID-Card can count toward the calculation of the period of legal stay required to secure Belgian nationality.
Impact
EU citizens and their family members who hold a Special ID-Card can no longer be refused Belgian nationality simply because of the type of residence permit they hold. This ruling is a major victory for the EU expat community in Belgium that hold Special ID-Cards and intend to apply for or have been refused Belgian nationality on the basis of this permit – in particular, for UK Special ID-Card holders who applied for Belgian nationality in light of Brexit.
Fragomen can advise impacted individuals on how to leverage this important judgement to secure ongoing procedures for acquisition of Belgian nationality or even re-submit applications if these were unjustly refused.
For additional information, contact Wout Van Doren, Associate, at [email protected] and Ana Horta, Associate, at [email protected]. You can also reach out to [email protected].
To keep current with all the latest updates on global immigration, please visit our COVID-19 microsite, subscribe to our alerts and follow us LinkedIn.
Country / Territory
Related contacts
Senior Associate
Related offices
Related content
Related contacts
Senior Associate
Related offices
Related content
Related contacts
Senior Associate
Related offices
Related content
Explore more at Fragomen
Blog post
Partner Hyla Kaplan Rosenberg and Senior Associate Elizabeth Brettschneider discuss the eligibility and application process for marriage-based green cards for foreign nationals married to US citizens.
Video
Neste Mobility Minute, a Sócia Diana Quintas explora a proposta de Visto Verde do Brasil.
Podcast
Senior Manager Lindiwe Mapota interviews Director Johannes Kgotso Tiba on the long-anticipated publication of the Points-Based Immigration System (PBIS).
Blog post
Senior Consultant Lauren Penny and Consultant Daniel Heymann discuss how Israel is leading the charge with AI and immigration.
Fragomen news
Partner Ryan Freel is elected to the Houston Relocation Professionals' Board of Directors for 2025.
Blog post
UK Government Affairs Strategy Lead Shuyeb Muquit dives into the UK's shifting net migration trends.
Blog post
Senior Immigration Consultant Konstantin Schmid shares what employers and workers need to know about 2025 Swiss immigration quotas.
Media mentions
Senior Manager Deirdre Murray discusses the recent legislative changes to Ireland’s employment permits.
Fragomen news
Fragomen's Gemma Hyslop, Andreia Florina Ghimis and Ana Sofia Walsh review ODI Global's new report.
Blog post
Partner Jo Antoons and Lead Analyst Dominic Dietrich discuss Skills Mobility Partnerships (SMPs) in Europe, which are agreements aimed at facilitating cross-border training and migration to address labor shortages.
Fragomen news
Senior Manager Stephen McCrea discusses the key immigration priorities of various NGOs in Ireland ahead of the 2024 general election.
Media mentions
Partner Aaron Blumberg discusses how new US immigration policies might impact international students and the OPT program.
Blog post
Partner Hyla Kaplan Rosenberg and Senior Associate Elizabeth Brettschneider discuss the eligibility and application process for marriage-based green cards for foreign nationals married to US citizens.
Video
Neste Mobility Minute, a Sócia Diana Quintas explora a proposta de Visto Verde do Brasil.
Podcast
Senior Manager Lindiwe Mapota interviews Director Johannes Kgotso Tiba on the long-anticipated publication of the Points-Based Immigration System (PBIS).
Blog post
Senior Consultant Lauren Penny and Consultant Daniel Heymann discuss how Israel is leading the charge with AI and immigration.
Fragomen news
Partner Ryan Freel is elected to the Houston Relocation Professionals' Board of Directors for 2025.
Blog post
UK Government Affairs Strategy Lead Shuyeb Muquit dives into the UK's shifting net migration trends.
Blog post
Senior Immigration Consultant Konstantin Schmid shares what employers and workers need to know about 2025 Swiss immigration quotas.
Media mentions
Senior Manager Deirdre Murray discusses the recent legislative changes to Ireland’s employment permits.
Fragomen news
Fragomen's Gemma Hyslop, Andreia Florina Ghimis and Ana Sofia Walsh review ODI Global's new report.
Blog post
Partner Jo Antoons and Lead Analyst Dominic Dietrich discuss Skills Mobility Partnerships (SMPs) in Europe, which are agreements aimed at facilitating cross-border training and migration to address labor shortages.
Fragomen news
Senior Manager Stephen McCrea discusses the key immigration priorities of various NGOs in Ireland ahead of the 2024 general election.
Media mentions
Partner Aaron Blumberg discusses how new US immigration policies might impact international students and the OPT program.