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Belgium - Access to nationality

Of the 28 MIPEX countries, Belgium and in CA offer migrants the best eligibility to become nationals (see box). Moreover, Belgium is the only MIPEX country to have attained best practice for first generation migrants(see box). Under slightly favourable conditions, migrants can naturalise as long as they have not committed serious crimes or ‘seriously reprehensive behaviour.' They are then partially secure in their status. Decisions to withdraw their nationality often take into account their personal circumstances and offer many legal guarantees and avenues for redress. Yet, if a naturalised Belgian fails to carry out his duties as a citizen, he can have his citizenship withdrawn regardless of how many years he has been a Belgian national. Belgium achieves best practice on dual nationality as CA, FR, IE, PT and the UK.

Most favourable eligibility for access to nationality
Spouses and partners of Belgians and first-generation migrants can naturalise after three years of residence. Before the age of 12, the second generation can become Belgian by declaration if both parents have lived in Belgium for ten years. Since 27th of December 2006 adaptations to the Code on Nationality, one parent must be the equivalent of a long-term resident. Any children who would be stateless become Belgians automatically at birth. The third-generation is automatically Belgian if one parent born in Belgium has lived there for at least five of the ten years before their birth.

Best practice on eligibility for first-generation immigrants
The 2000 reform of the Belgian Code on Nationality eliminated the integration test and reduced the residence requirement from five years to three for most first-generation migrants, and to two for refugees. However, naturalisation is ‘politically' decided by a parliamentary commission on a case-by-case basis, without public criteria or a right of appeal. Long-term residents or legal residents of at least seven years have the unconditional right to ‘acquire' nationality. Some (mainly Flemish) parties have criticised this best practice, wishing to extend this period and make the right conditional on
integration measures.

Results by strand

Belgium - Overview
Belgium - Labour market access
Belgium - Family reunion
Belgium - Long-term residence
Belgium - Political participation
Belgium - Access to nationality
Belgium - Anti-discrimination
Belgium - Public perceptions