Reacquisition of Belgian nationality (Art. 24 of the Belgian Nationality Code): what expatriates need to know
Many former Belgians living abroad discover one day—often when applying for a passport, dealing with an inheritance, or planning a return to Europe—that they are no longer Belgian. The good news is that losing Belgian nationality is not always final. In many cases, reacquisition is possible through a declaration (Article 24 of the Belgian Nationality Code).
Key takeaways
- Reacquisition is often possible, but not always from abroad.
- The procedure depends on the exact reason for the loss (automatic loss at 28, renunciation, former rules, etc.).
- A lawyer specialised in Belgian nationality law can secure the strategy (choosing the right route, documents, legal arguments, appeals).
1) Reacquisition possible from abroad: the “loss at 28”
Since 12 July 2018, a reacquisition declaration may be signed at a Belgian consular post abroad, but only in one very specific situation: automatic loss at the age of 28 due to failure to complete the required “retention” formalities in time (between ages 18 and 28).
This typically concerns people born abroad to a Belgian parent (who was also born abroad) who did not complete the required steps in time (depending on the case: a declaration of retention, consular steps linked to obtaining/renewing identity documents, etc.).
Key takeaways
- Yes, it can be done from abroad, but only for the loss at 28 scenario.
- The consulate receives the declaration, but the outcome is not automatic.
Commonly requested documents (practical)
- proof that you used to be Belgian (old passport/ID card, certificate, registry references, etc.);
- a certified true, complete and recent birth certificate (legalised/apostilled + sworn translation if needed);
- an explanatory letter (and this is where the support of a lawyer can make a real difference).
2) Other reason for loss: reacquisition… generally via Belgium
If the loss resulted from another reason (e.g., renunciation, former rules linked to voluntary acquisition of another nationality, etc.), consulates do not intervene: the procedure is carried out in Belgium.
Since 01/01/2013, “standard” reacquisition is, in principle, reserved for persons who have had their main residence in Belgium for at least 12 months, based on continuous legal residence. In practice, this requirement is often misunderstood and can be debated: some municipalities accept declarations as soon as a residence permit is obtained in Belgium, and reacquisitions are granted.
Key takeaways
- Outside the “loss at 28” scenario, you generally need to return to Belgium, regularise your stay, and then file the declaration.
- Municipal practices vary: planning ahead is essential.
3) Returning to Belgium may require a D visa “with a view to reacquisition”
For a former Belgian residing outside the EU, access to Belgian territory is not “automatic”. In many situations, a D visa (long stay) is required, filed through the competent embassy/consulate.
In practice, there is a residence basis used “with a view to reacquiring Belgian nationality”, allowing you to enter Belgium, register, and then file the reacquisition declaration.
Common checklist (D visa)
- valid passport;
- a certified true and recent birth certificate (legalised/apostilled + sworn translation if needed);
- proof of former Belgian nationality + proof of loss (date and manner of acquisition of the foreign nationality);
- criminal record extract (legalised/apostilled + translation if needed);
- health insurance;
- proof of sufficient means of subsistence.
Key takeaways
- The “D visa → registration → declaration” strategy must be approached as a process, not as a one-off formality.
- Thorough preparation of the file helps avoid roadblocks.
4) “Sufficient resources”: a point of friction… and a fundamental rights issue
Requiring extensive financial evidence from a former Belgian may operate as a questionable socio-economic filter, whereas nationality relates to identity and fundamental rights (private life, belonging, family trajectory).
Moreover, losing Belgian nationality also entails losing EU citizenship, a serious issue under EU law, as recognised by the Court of Justice of the European Union, judgment of 5 September 2023 (Case C-689/21, X v Udlændinge- og Integrationsministeriet).
Key takeaways
- Financial requirements may be challenged depending on the profile and the logic of the case.
- The file must be built with a coherent legal argument (ties, personal history, proportionality).
5) “Possession d’état of Belgian”: yes at the consulate, but it is not reacquisition
It is also possible to sign at the consulate a declaration based on possession d’état as a Belgian (Article 17 of the Belgian Nationality Code) where nationality was withdrawn even though the person had enjoyed Belgian status for at least 10 years. This is a specific route: it is not reacquisition, but it can save very particular situations.
Key takeaways
- Reacquisition ≠ possession d’état: these are two different mechanisms.
- Choosing the correct legal basis is decisive.
Why consult a lawyer specialised in Belgian nationality law in Brussels?
At ALTEA (Brussels), we handle these matters as strategic files: analysis of the reason for loss, selection of the best route (reacquisition / possession d’état / return via D visa), document building, coordination with foreign documents (certificates, apostilles, translations) and, where necessary, appeals in case of opposition.
We are also at the cutting edge for any matter relating to Belgian nationality: reacquisition, possession d’état, and complex files (including extension of the 5-year deadline for children born abroad, depending on the situation).
👉 Need a quick assessment of your situation (loss, country of residence, available documents)? Book an appointment via www.altea.be.
Céline Verbrouck
Attorney at the Brussels Bar
Specialized in Immigration Law, Nationality Law, and International Family Law
www.altea.be
+32 2 894 45 70