In a landmark ruling (Judgment 12/2026) delivered on 22 January 2026 and publicised on 28 January, Belgium’s Constitutional Court found key parts of Article 11bis of the Nationality Code unconstitutional. The provisions had required that *both* parents of a child born in Belgium maintain their main residence in the country for ten consecutive years before the child’s nationality declaration could be accepted. The Court said the rules violated the equality principle by discriminating against children whose parents’ residence situations differed.
The case was referred by the Antwerp Court of Appeal after Moroccan parents – one of whom had fallen out of status – were denied Belgian nationality for their three Belgian-born children. The judges held that imposing a rigid, double-residence test served no legitimate purpose once a child already had strong factual ties to Belgian society. They also struck down a clause that treated former residents more favourably than parents who had never lived in Belgium, calling the distinction “irrelevant to the legislator’s objective”.
Why does this matter for global mobility teams? Although nationality applications usually fall outside corporate programmes, the decision will ripple through family-reunification and long-term planning for foreign employees settled in Belgium. Children born to expatriates who temporarily rotate abroad, for example, can no longer be penalised if only one parent maintained uninterrupted Belgian residence. Immigration lawyers expect the judgment to trigger a wave of appeals against recent refusals and to shape forthcoming reforms promised by the next federal government.
![Belgian Constitutional Court strikes down residence-based barrier to nationality for children]()
For organisations or individuals needing hands-on assistance with the residence and documentation aspects that underpin nationality filings, VisaHQ’s Belgium team can help compile supporting evidence, liaise with local communes and keep track of shifting requirements. Their online portal streamlines submissions and offers real-time status updates, easing the burden on HR and families alike. Learn more at https://www.visahq.com/belgium/
Practically, HR departments should flag the development to eligible employees and review any ongoing nationality files. Authorities must now amend the Code or risk further litigation; until then, clerks are required to dis-apply the annulled passages. The decision also underscores the importance of keeping accurate municipal-registration records, as residence continuity remains a key factor even under a less restrictive test.
Belgium’s ruling adds to a broader European trend of courts scrutinising nationality and residence conditions against children’s best interests. For companies, it reinforces the need to monitor not just work-permit law but the full lifecycle of an assignee family’s status in Belgium.
The case was referred by the Antwerp Court of Appeal after Moroccan parents – one of whom had fallen out of status – were denied Belgian nationality for their three Belgian-born children. The judges held that imposing a rigid, double-residence test served no legitimate purpose once a child already had strong factual ties to Belgian society. They also struck down a clause that treated former residents more favourably than parents who had never lived in Belgium, calling the distinction “irrelevant to the legislator’s objective”.
Why does this matter for global mobility teams? Although nationality applications usually fall outside corporate programmes, the decision will ripple through family-reunification and long-term planning for foreign employees settled in Belgium. Children born to expatriates who temporarily rotate abroad, for example, can no longer be penalised if only one parent maintained uninterrupted Belgian residence. Immigration lawyers expect the judgment to trigger a wave of appeals against recent refusals and to shape forthcoming reforms promised by the next federal government.
For organisations or individuals needing hands-on assistance with the residence and documentation aspects that underpin nationality filings, VisaHQ’s Belgium team can help compile supporting evidence, liaise with local communes and keep track of shifting requirements. Their online portal streamlines submissions and offers real-time status updates, easing the burden on HR and families alike. Learn more at https://www.visahq.com/belgium/
Practically, HR departments should flag the development to eligible employees and review any ongoing nationality files. Authorities must now amend the Code or risk further litigation; until then, clerks are required to dis-apply the annulled passages. The decision also underscores the importance of keeping accurate municipal-registration records, as residence continuity remains a key factor even under a less restrictive test.
Belgium’s ruling adds to a broader European trend of courts scrutinising nationality and residence conditions against children’s best interests. For companies, it reinforces the need to monitor not just work-permit law but the full lifecycle of an assignee family’s status in Belgium.
