Since 1 January 2021, the United Kingdom is no longer a member of the European Union. For British nationals in Belgium and for companies working with the United Kingdom, the apostille, certified translation and legalisation of British documents have once again become necessary.
What changed with Brexit for official documents
Before Brexit, official documents exchanged between the United Kingdom and EU member states benefited from several simplifications:
- Automatic recognition of many documents between member states
- Apostille exemption between member states for many civil acts (EU Regulation 2016/1191)
- Automatic recognition of civil and commercial judicial decisions (Brussels I Bis Regulation)
- Free provision of services without additional formalities
Since 1 January 2021, the date the EU-UK Trade and Cooperation Agreement entered into force, these simplifications no longer apply. The United Kingdom is now treated as a third country. Certain specific conventions (such as the Hague Convention) remain applicable, but the general framework has changed.
The British apostille: the Hague Convention remains applicable
The United Kingdom remained a signatory to the Hague Convention of 5 October 1961 on the apostille, independently of Brexit. This means that official British documents can be authenticated by an apostille from the Foreign, Commonwealth and Development Office (FCDO) for use in Belgium, and vice versa.
The British apostille is issued by the FCDO (formerly FCO) in Milton Keynes (United Kingdom). Turnaround times and costs vary depending on the service (standard or express). Applications can be made online via the official UK Government website.
| Situation | Before Brexit | After Brexit |
|---|---|---|
| UK civil status documents for use in Belgium | No apostille required (EU Reg.) | FCDO apostille required + translation |
| UK judicial decisions in Belgium | Automatic recognition (Brussels I Bis) | Exequatur procedure required |
| UK diplomas for NARIC equivalence | Simplified procedure (EU) | Apostille + translation + standard procedure |
| UK driving licence in Belgium | Facilitated exchange (EU) | Specific DIV procedure + possible translation |
Certified translation of British documents: what is required
The British documents most frequently presented to Belgian administrations post-Brexit include:
- Birth, marriage and death certificates: for British nationals residing in Belgium or marrying a Belgian citizen
- Criminal record (DBS / police certificate): for applications for jobs in Belgium requiring this document
- British diplomas (GCSEs, A-Levels, degrees): for NARIC equivalence requests
- Wills and succession documents: for successions involving Belgian assets and British heirs
- UK company documents: for British companies wishing to operate in Belgium
- UK pensions and benefits: documentation for British retirees in Belgium
TranslateBE
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British nationals and the Belgian residence permit post-Brexit
British nationals wishing to settle in Belgium since 1 January 2021 are now subject to the immigration procedure applicable to third-country nationals. They must:
- Obtain a long-stay visa from the Belgian Embassy in the United Kingdom (depending on the reason for stay)
- Register with the Belgian communal administration
- Obtain a residence permit from the Immigration Office
These procedures generally require many documents in English that must be translated and, where applicable, apostilled. British nationals already established in Belgium before 1 January 2021 benefit from protected rights, but must still regularise their administrative situation.
Recognition of British judicial decisions post-Brexit
Brexit brought an end to the application of the Brussels I Bis and Brussels II Bis Regulations to the United Kingdom. British judicial decisions (civil judgments, divorces, child custody) are no longer automatically recognised in Belgium. An exequatur procedure before a Belgian court is now required to enforce a British decision in Belgium. These procedures require a certified translation of the judicial decision and its annexes.
FAQ
Frequently asked questions
Is my British passport still accepted as ID in Belgium?
Yes, the British passport remains a valid identity document accepted in Belgium. British nationals can enter Belgium without a visa for stays of less than 90 days in the Schengen area over a 180-day period. For longer stays, a visa or residence permit is required. British nationality is not in itself an obstacle - it is the duration and purpose of the stay that determine the formalities.
Is a divorce pronounced in the United Kingdom before Brexit recognised in Belgium?
Yes. Judicial decisions rendered in the United Kingdom before 31 December 2020, the end of the transition period, still benefit from automatic recognition under the Brussels II Bis Regulation. For divorces pronounced after that date, automatic recognition no longer applies and a judicial recognition procedure may be necessary, accompanied by a certified translation.
Do British companies need a translation to register with the Belgian CBE?
Yes. A British company wishing to establish a subsidiary or branch in Belgium must present its articles of association and constitutive documents to the Crossroads Bank for Enterprises (CBE). These documents in English must be certified sworn translations into French or Dutch depending on the region of the intended Belgian registered office. Since Brexit, the procedure is identical to that applicable to companies from third countries.
Is Brexit complicating your Belgian administrative procedures with British documents?
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