
Country / Territory
Related contacts

Senior Associate
d291dC52YW5kb3JlbkBmcmFnb21lbi5jb20=
Related offices
Related content
Related contacts

Senior Associate
d291dC52YW5kb3JlbkBmcmFnb21lbi5jb20=
Related offices
Related content
Related contacts

Senior Associate
d291dC52YW5kb3JlbkBmcmFnb21lbi5jb20=
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
d291dC52YW5kb3JlbkBmcmFnb21lbi5jb20=
Related offices
Related content
Related contacts

Senior Associate
d291dC52YW5kb3JlbkBmcmFnb21lbi5jb20=
Related offices
Related content
Related contacts

Senior Associate
d291dC52YW5kb3JlbkBmcmFnb21lbi5jb20=
Related offices
Related content
Explore more at Fragomen

Media mentions
Senior Manager Johannes Tiba says there are several option for permit holders to remain in South Africa using the ZEP.

Media mentions
Scottish Business News features the Displaced Talent Mobility Programme, developed in partnership with TBB and Fragomen.

Media mentions
Partner Sarah Peterson comments on the emergence of nonprofits to help keep key talent at growing companies.

Fragomen news
Fragomen Phoenix is ranked among the top 10 immigration law firms in Arizona for 2023 by Ranking Arizona.

Awards
UK Managing Partner Nadine Goldfoot and Partner Julia Onslow-Cole are recognised in the area of immigration law in the 2024 edition of The Best Lawyers in the United Kingdom™.

Media mentions
This is the third part in an American Lawyer series on improving performance and profits.

Blog post
This blog post explains the steps international students must take to receive US work authorization.

Awards
Chairman Emeritus Austin T. Fragomen, Jr. received a Lifetime Achievement Award during Investment Migration Council's 2023 Investment Migration Forum.

Awards
Fragomen Boston was recognized as a 2023 Pro Bono Champion at the American Immigration Lawyers Association (AILA) New England’s May Chapter Meeting.

Awards
Chambers USA recognizes the firm and its lawyers in a variety of categories for 2024.

Media mentions
Senior Manager Kelly Hardman explores the key factors that shape the immigration challenge facing offshore businesses.

Media mentions
Senior Manager Johannes Tiba says there are several option for permit holders to remain in South Africa using the ZEP.

Media mentions
Scottish Business News features the Displaced Talent Mobility Programme, developed in partnership with TBB and Fragomen.

Media mentions
Partner Sarah Peterson comments on the emergence of nonprofits to help keep key talent at growing companies.

Fragomen news
Fragomen Phoenix is ranked among the top 10 immigration law firms in Arizona for 2023 by Ranking Arizona.

Awards
UK Managing Partner Nadine Goldfoot and Partner Julia Onslow-Cole are recognised in the area of immigration law in the 2024 edition of The Best Lawyers in the United Kingdom™.

Media mentions
This is the third part in an American Lawyer series on improving performance and profits.

Blog post
This blog post explains the steps international students must take to receive US work authorization.

Awards
Chairman Emeritus Austin T. Fragomen, Jr. received a Lifetime Achievement Award during Investment Migration Council's 2023 Investment Migration Forum.

Awards
Fragomen Boston was recognized as a 2023 Pro Bono Champion at the American Immigration Lawyers Association (AILA) New England’s May Chapter Meeting.

Awards
Chambers USA recognizes the firm and its lawyers in a variety of categories for 2024.

Media mentions
Senior Manager Kelly Hardman explores the key factors that shape the immigration challenge facing offshore businesses.