
Country / Territory
Related contacts

Senior Immigration Manager
Related offices
Related content
Related contacts

Senior Immigration Manager
Related offices
Related content
Related contacts

Senior Immigration Manager
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 Immigration Manager
Related offices
Related content
Related contacts

Senior Immigration Manager
Related offices
Related content
Related contacts

Senior Immigration Manager
Related offices
Related content
Explore more at Fragomen

Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Fragomen news
Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Blog post
This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Fragomen news
Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Blog post
This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.