How to Lose Belgian Citizenship: Key Rules You Should Know
Losing Belgian citizenship is possible, but it does not happen simply because you move abroad, obtain another nationality, or make an ordinary mistake.
Belgian law sets out specific situations in which a person can lose Belgian citizenship. In some cases, the loss happens voluntarily or automatically. In other cases, a court can withdraw citizenship after serious offenses, fraud, or other specific circumstances.
If you are a Belgian citizen or are planning to become one, understanding these rules can help you avoid problems and protect your rights.
This article explains the main ways Belgian citizenship can be lost and what you need to know.
Can You Lose Belgian Citizenship by Getting Another Nationality?
This is one of the most common questions about Belgian citizenship.
Today, a Belgian adult does not normally lose Belgian citizenship simply because they voluntarily acquire another nationality. Since April 28, 2008, acquiring another nationality does not by itself cause the loss of Belgian citizenship, regardless of which country the new nationality comes from.
Older cases are different. People who voluntarily acquired another nationality before April 28, 2008 may have lost their Belgian citizenship under the rules that applied at that time.
This means that having Belgian citizenship and another nationality is generally possible today.
Losing Belgian Citizenship by Renouncing It
A Belgian citizen who is at least 18 years old can voluntarily give up Belgian citizenship.
However, the person must have another nationality or be able to acquire another nationality through the renunciation procedure. The purpose of this rule is to prevent a person from becoming stateless.
If you live in Belgium, the declaration is normally made at your municipality. If you live abroad, it can be made through the appropriate Belgian consular authorities.
Losing Belgian Citizenship at Age 28
There is another rule that mainly concerns certain Belgians who were born abroad.
A person can automatically lose Belgian citizenship on their 28th birthday if several conditions are met at the same time.
Generally, the person must have been born outside Belgium after January 1, 1967, must not have had their main residence in Belgium between the ages of 18 and 28, must have another nationality, and must not have made a declaration to retain Belgian citizenship during that period.
There are additional conditions and exceptions, so people who may fall under this rule should check their individual situation with the Belgian authorities.
How Can You Avoid Losing Citizenship at 28?
If you are living abroad and may be affected by the age-28 rule, you can take steps to keep your Belgian citizenship.
One important option is to make a declaration confirming that you want to retain Belgian citizenship between the ages of 18 and 28 through the appropriate Belgian consular office.
Certain Belgian identity documents obtained during this period can also affect whether the loss occurs, depending on the person’s circumstances and the transitional rules that apply.
If you are unsure whether the rule applies to you, it is better to contact the Belgian consulate before your 28th birthday rather than wait until after the deadline.
Can Belgium Take Away Your Citizenship?
Yes. In certain serious situations, a court can withdraw Belgian citizenship. This is known as deprivation of nationality. However, this does not apply to every Belgian citizen.
According to the Belgian government, deprivation can apply in specific circumstances, including serious failure to meet the obligations of a Belgian citizen or obtaining Belgian citizenship through false statements, concealed facts, or false or falsified documents. Certain serious criminal convictions can also lead to deprivation.
Fraud When Obtaining Belgian Citizenship
One important reason for possible deprivation is fraud during the process of obtaining Belgian citizenship.
This can include situations involving:
- False statements
- False or falsified documents
- Concealed relevant information
- False identity information
Other fraudulent actions connected to obtaining Belgian citizenship
The key issue is whether citizenship was obtained on the basis of facts that were presented falsely or concealed, or through false or falsified documents.
Serious Criminal Offenses
Belgian citizenship can also be withdrawn in certain cases involving serious criminal convictions.
The law contains specific categories of offenses for which deprivation may be possible. In certain cases, a person must have received a prison sentence of at least five years without suspension.
The rules can apply to serious offenses listed under the Belgian Nationality Code and other offenses specified by law.
Because the conditions depend on the exact offense, sentence, timing, and circumstances, a criminal conviction does not automatically mean that Belgian citizenship will be lost.
Terrorism and Belgian Citizenship
Terrorism-related convictions can also have serious consequences for Belgian citizenship.
Belgian law provides specific circumstances in which deprivation can be ordered following certain convictions. The exact conditions depend on the offense and the sentence.
For this reason, someone facing a serious terrorism-related criminal case should seek legal advice rather than assume that citizenship will automatically be lost.
Marriage of Convenience
A marriage of convenience can also have consequences for Belgian citizenship.
According to the Belgian authorities, deprivation may be possible when Belgian citizenship was acquired through a marriage that was later annulled because it was a marriage of convenience.
Can Your Children Lose Belgian Citizenship Too?
The answer depends on how the parent lost Belgian citizenship.
When Belgian citizenship is lost in certain ways other than deprivation, children under 18 who are not emancipated can sometimes lose Belgian citizenship at the same time.
However, Belgian law includes protections against statelessness. For example, a child generally will not lose Belgian citizenship if the other parent is Belgian or if the loss would leave the child without any nationality.
Children also do not lose Belgian citizenship simply because a parent has been deprived of Belgian nationality through a deprivation procedure.
Can You Get Belgian Citizenship Back?
In some cases, yes.
People who have lost Belgian citizenship may be able to apply to recover it, but the conditions depend on how the citizenship was lost.
For example, people who lost Belgian citizenship through certain procedures can apply for recovery if they meet the legal requirements, including residence requirements in Belgium.
However, someone who lost Belgian citizenship through deprivation cannot normally use the recovery procedure. According to the Belgian government, such a person can become Belgian again only through naturalization, which is an exceptional procedure.
Belgian citizenship is not normally lost simply because you live abroad or obtain another nationality.
The main situations to be aware of include voluntarily renouncing Belgian citizenship, certain cases involving Belgians born abroad who do not meet the requirements for retaining their citizenship, and court-ordered deprivation following specific serious circumstances.
If you live outside Belgium, pay particular attention to the rules that can apply when you turn 28.
And if you obtained Belgian citizenship through a declaration or another procedure, make sure the information and documents you provided were accurate and complete.
Nationality law can be complicated, and the rules can depend on your personal history. If you are concerned about losing Belgian citizenship, contact your municipality in Belgium or the appropriate Belgian consulate if you live abroad.
This article provides general information and is not a substitute for legal advice.
