Belgium: The status of a child born in Belgium to parents who are permanent residents, including whether the child has a right to Belgian citizenship and, if so, the procedure for applying for citizenship (2012-August 2013)

1. Status of a Child Born in Belgium to Parents Who Are Permanent Residents

In correspondence with the Research Directorate, a representative of Infor Jeunes, a non-profit information centre for youths' rights in education, employment and access to Belgian nationality (30 Aug. 2013), stated that [translation] "the child's stay is related to that of the parents. If they are authorized for an indefinite stay, the child is also automatically authorized" (Infor Jeunes 5 Sept. 2013). Additional information on this topic could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Acquiring Belgian Citizenship by Birth

Sources indicate that a child born in Belgium to parents who are permanent residents has the right to Belgian citizenship if the following conditions are met:

The child was born in Belgium and has resided in Belgium since birth (Infor Jeunes 30 Aug. 2013; Belgium n.d.; Objectif n.d.a). The child's status in Belgium is legal (ibid.);

Belgium has been the parents' principal place of residence during the 10 years (Infor Jeunes 30 Aug. 2013; Objectif n.d.a; Belgium n.d.) preceding the declaration requesting Belgian citizenship for their child (ibid.; Objectif n.d.a).

The parents made a declaration requesting Belgian citizenship for their child before the child reached the age of 12 (Objectif n.d.a; Belgium n.d.).

Sources also indicate that at the time of the declaration, one of the parents must be authorized to remain in Belgium [translation] "indefinitely" (Objectif n.d.a; Belgium n.d.; Professor 2 Sept. 2013). However, the representative of Infor Jeunes stated that, at the time of the application, both parents must be authorized to remain in Belgium [translation] "indefinitely" (Infor Jeunes 30 Aug. 2013).

In 2 September 2013 correspondence with the Research Directorate, a professor at the faculty of law at the University of Liège, who teaches private international law, nationality law and international family law, also stated that [translation] "acquiring citizenship is not automatic, however. It is acquired after the parents have made a declaration in which they state that they want their child to obtain Belgian citizenship" (Professor 2 Sept. 2013).

According to the website of the Belgian government's Federal Public Service, which is part of the Foreign Affairs, Foreign Trade and Development Cooperation (FAFTDC) Department, [FAFTDC English version] "[o]nly the registrar in the municipality where your parents or adoptive parents live in Belgium can authorize this declaration" (Belgium n.d.). The Professor also stated that [translation] "the declaration must be made before the registrar of the principal place of residence of the person concerned," that is, the child (2 Sept. 2013). Then, [FAFTDC English version] "[t]he declaration is submitted for opinion to the Office of the King's Prosecutor [Parquet du Procureur du Roi] and is registered in the records after it has been accepted" (Belgium n.d.). The child acquires Belgian citizenship [FAFTDC English version] "on the date upon which the declaration was submitted" (ibid.).

Sources indicate that the declaration cannot be submitted to a Belgian embassy or consulate (Belgium n.d.; Professor 2 Sept. 2013; Belgium 4 Sept. 2013). According to the Professor, [translation] "the fact that the parents no longer reside in Belgium poses some difficulty" (Professor 2 Sept. 2013). In that case, [translation] "it is not possible for the parents to submit the declaration required for the child to acquire Belgian nationality" (ibid.). The Professor explained that before the amendments to the Belgian Nationality Code, which came into effect on 1 January 2013, it was possible to submit the declaration to a Belgian embassy or consulate, but that that possibility was removed by the [translation] "Law from 4 December 2012" (ibid.).

3. Acquisition of Belgian Citizenship by a Minor Whose Mother or Father Has Become a Belgian Citizen

Two sources indicate that a child [translation] "automatically" acquires Belgian nationality when one of the parents becomes a Belgian citizen (Objectif n.d.b; Infor Jeunes 2013). Both sources describe the following conditions:

The child is under 18 years of age or has not been [translation] "emancipated" before that age.

The child's principal place of residence must be in Belgium.

The parent must establish the parent-child relationship.

The parent must not have been stripped of their parental authority (ibid.; Objectif n.d.b).

Moreover, according to the representative of Infor Jeunes, the child must have been born in Belgium (2013).

4. Other Cases in Which Belgian Citizenship Can Be Acquired

The website of the FAFTDC describes other cases in which a person who is born in Belgium can acquire Belgian citizenship:

[FAFTDC English version]

You are a Belgian citizen if:

You were born in Belgium and you would be a stateless person (= not have a nationality) before the age of 18 or before your emancipation if you did not have Belgian citizenship. However, this rule does not apply if you can obtain another nationality upon completion, by your legal representative(s), of administrative measures set by the diplomatic or consular authorities in the country of one or both of your parents. In this case, you will not have been given Belgian nationality.

OR

You were born in Belgium and you lose your only other nationality before you turn 18.

OR

You were born in Belgium to a parent who holds another nationality but was born in Belgium and has lived in Belgium for at least five years during the 10 years preceding your birth [...].

OR

You were born in Belgium and you have been adopted by a parent holding another nationality who was born in Belgium and who has had their main place of residence in Belgium for five years during the 10 year period before the adoption takes effect. You obtain Belgian citizenship upon that date unless you are already 18 years old or have already been emancipated (Belgium n.d.).

The Belgian Nationality Code, which sets out other cases in which Belgian citizenship can be acquired, is attached to this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Belgium. 4 September 2013. Embassy of Belgium in Ottawa. Correspondence from a representative sent to the Research Directorate.

_____. N.d. Federal Public Service of Foreign Affairs, Foreign Trade and Development Cooperation. "Né(e) en Belgique." [Accessed 28 Aug. 2013]

Infor Jeunes. 5 September 2013. Correspondence from a representative sent to the Research Directorate.

_____. 30 August 2013. Correspondence from a representative to the Research Directorate.

_____. 2013. "Je suis mineur(e) et un de mes parents est devenu Belge." [Accessed 27 Aug. 2013]

Objectif. N.d.a. "Attribution de la nationalité belge par naissance en Belgique (art. 11 §2)." [Accessed 30 Aug. 2013]

_____. N.d.b. "Attribution de la nationalité belge aux mineurs dont l'un des auteurs est devenu Belge (art. 12)." [Accessed 30 Aug. 2013]

Professor, University of Liège, Belgium. 2 September 2013. Correspondence sent to the Research Directorate.

Additional Sources Consulted

Oral sources: Attempts to contact representatives at the following organizations were unsuccessful: Belgium - Consulate of Belgium in Toronto, Embassy of Belgium in Ottawa, Immigration Office, Office of the Commissioner General for Refugees and Stateless Persons; University of Leuven; University of Liège.

Internet sites, including: Agence Belga; Amnesty International; Association pour le droit des étrangers; Belgium - Foreign Affairs, Foreign Trade and Development Cooperation, Embassy of Belgium in Ottawa, Office of the Commissioner General for Refugees and Stateless Persons, Consulate of Belgium in Montréal and in Toronto; Brussels-Europe Liaison Office; Doctors Without Borders; Immigration Office, Ombudsman, government Portal, service public fédéral Justice; La Dernière Heure; L'Echo; ecoi.net; European Commission; European Migration Network; European Union; European University Institute; European Youth Portal; Factiva; Le Monde; Mouvement contre le racisme, l'antisémitisme et la xénophobie; newintown.be; RTL.be; Le Soir; United Nations - Human Rights Council, Integrated Regional Information Networks, Refworld, United Nations Development Programme.

Attachment

Belgium. 1984 (amended 2012). Code de la nationalité belge. <<http://www.ejustice.just.fgov.be/ cgi_loi/change_lg.pl?language=fr&la=F&cn=1984062835&table_name=loi> [Accessed 28 Aug. 2013]