Obtaining Belgian Citizenship Through a Belgian Father: A Comprehensive Guide for a 1996 Birth
Obtaining Belgian citizenship through a Belgian father can be a bit complex, especially if you also hold US citizenship through birth or descent. This guide will walk you through the steps to determine your eligibility and provide a clear understanding of the process.
Understanding Your US Citizenship
First, let’s sort out your place of birth and the nature of your US citizenship. You mention US citizenship through "birth and descent." To clarify:
A birth certificateThis means you were born as a US citizen within the territory of the United States, regardless of your parents' nationalities. Descent citizenship
This means you were born outside the United States to a qualifying US citizen parent.
Given that you were born in 1996 and acquired US citizenship through the mother by descent, this means you were most likely born outside the United States but to a parent who is or was a US citizen by birth or naturalization.
Determining Belgian Citizenship
1. Place of Birth and Dual Citizenship Rules
To begin, you need to ascertain your place of birth:
US-bornBelgian citizenship is generally not applicable if you were born in the US unless you were born to a Belgian parent. Born in Belgium
In this case, you are automatically a Belgian citizen. No further action is required.
If you were born in Belgium, you already hold Belgian citizenship and do not need to worry about any additional steps.
Considering the Father’s Citizenship
2. Father’s Place of Birth and Actions
Your eligibility to Belgian citizenship through your Belgian father depends on his place of birth and actions:
Belgium or Belgian Congo before June 30, 1960, or Burundi/Rwanda before July 1, 1962Under the Belgian citizenship law, you are already a Belgian citizen if your father was born in these locations. Other locations and periods
If your father was born in another location or after the specified dates, you will need to check if he submitted a "toekenningsverklaring/déclaration dattribution."
If he did, you would have obtained Belgian citizenship on the date the declaration was submitted. If he did not, you would not have obtained Belgian citizenship.
Naturalization as a Non-Belgian Person
3. Naturalization Process
If you are not a Belgian citizen through your father, the next step would be to consider naturalization:
Legal ResidenceAccording to Belgian law, you can apply for citizenship after living in Belgium for 3 years with legal residence. No Restrictions on Dual Citizenship
Belgium does not impose restrictions on holding dual citizenship, meaning you can keep your US passport while obtaining a Belgian one.
It is legal both in the USA and in Belgium to have dual citizenship. This should not bother you in the application process.
Resources and Conclusion
For more detailed information, you can refer to official immigration resources and legal documents:
Belgian Ministry of Foreign AffairsFor specific details and multiple sources of information on Belgian citizenship. Immigration Services
Consult local immigration services or offices for personal advice and application processes.
Understanding the nuances of your eligibility is crucial, especially if you are planning to keep your US citizenship while acquiring a Belgian one. Always verify the latest regulations and seek professional advice if necessary.