Belgium Now Allows Foreign Spouses of Belgian Diplomats to Obtain Nationality

The House of Representatives, the lower house of the Belgian federal parliament, adopted the legislative proposal in order to amend the Belgian Nationality Code to enable foreign spouses of diplomatic and consular staff to acquire Belgian nationality, .

Through a statement, Belgium's Ministry of Foreign Affairs said that the legislative amendment aims to halt discrimination against the foreign partners of Belgian diplomats who currently are not eligible to obtain Belgian nationality.

The new legal framework puts the foreign spouse of a Belgian diplomat now on an equal footing with the foreign spouse of a Belgian who resides in Belgium. It is important to emphasize that the applicant must be actually residing on Belgian territory at the time the application is submitted and that all other conditions remain applicable.

Considering the new changes a sign of recognition of the involvement of partners of Belgian diplomats in promoting Belgium's image abroad, the Ministry said the changes are part of the strengthening of the family policy of the FPS Foreign Affairs, Foreign Trade and Development Cooperation.

Proof of 5-Years Residency for Spouses of Belgian Diplomats

At present, spouses of Belgian diplomats are required to prove that they have lived in Belgium for at least five years in order to be eligible for acquiring nationality in this country. However, due to their professional obligations, Belgian diplomats in general only live in Belgium for three years between two assignments at diplomatic or consular posts, most of which are located abroad.

The amendment allows for the legal timeframe continuing when there is a move towards a third country while still in the service of the Belgian State.

Pathway to Citizenship for Third-Country Nationals Married to a Belgian Citizen

Based on the European Migration Network (EMN) pathway to citizenship for Belgium, the third-country national married to a citizen from this country, or who is the parent of a child with Belgian nationality is subject to special conditions and procedures.

Acquiring nationality can be done after five years of residing in Belgium, and providing knowledge of one of the national languages; however, a third-country national is not required to show that he/she has worked during a minimum period, as is the case for other third-country nationals.

Such an exemption aims to facilitate the process of obtaining Belgian nationality. Yet, Article 12bis adopts a different definition when it comes to the requirement of social integration for this category. While the general regime notes that the applicant must have either worked for five years or followed a vocational course of 400 hours to show social integration, Article 12bis provides that international spouses of citizens of Belgium must have done both.

Social integration is only considered to be demonstrated if the applicant has attended a vocational training course (of 400 hours) and has worked for a minimum period (which is, admittedly, shorter than for the general regime).

Over 54,000 Persons Obtained Belgian Nationality in 2023

In 2023, a total of 54,813 foreigners became Belgian nationals, based on the figures from the Belgian Statistical Office, Statebel.

Last year's figures show that there was marked an increase compared to 2022's figures during which 48,521 non-Belgians obtained Belgian nationality, 2021 with 39,275 nationalities acquired, and in 2020 during which period, 39,950 people acquired Belgian nationality.

Statebel's statistics also showed that in December 2023 alone 3,885 people obtained Belgian nationality. The same source shows that the top origin of people who obtained Belgian nationality in December last year was Syria, Morocco, Romania, Afghanistan, and Iraq.