Belgian Nationality Declaration Art. 12bis: Documents to Translate

Article 12bis of the Belgian Nationality Code (BNC) allows a person legally residing in Belgium for at least 5 years to declare Belgian nationality. The procedure at the public prosecutor's office of the court of first instance requires NRJE- registered sworn translations of all foreign civil documents: birth, marriage, criminal record. TranslateBE handles all these translations with a quote within 1 hour and express delivery in 24 hours.

Conditions of Article 12bis: legal residence and integration

The declaration of Belgian nationality under Article 12bis of the Belgian Nationality Code (Act of 28 June 1984, as amended by the Act of 4 December 2012) is open to any foreign national who cumulatively satisfies the following conditions:

• Legal and uninterrupted residence in Belgium for at least 5 years at the time of the declaration.
• Social integration: demonstrating one of three conditions — having worked legally in Belgium for at least 468 hours over the past 5 years, having completed a recognised training course of at least 400 hours, or having performed recognised voluntary work.
• Knowledge of a national language (French, Dutch or German), attested by a diploma, language course certificate, or attestation from a public authority.
• No criminal convictions to imprisonment sentences above the thresholds defined by law.

Unlike naturalisation (Art. 19 BNC), which is a procedure by royal favour subject to the discretionary appreciation of Parliament, the declaration under Art. 12bis is a right: if the conditions are met, the public prosecutor's office cannot refuse it.

Documents to translate for an Art. 12bis nationality declaration

The file to be submitted to the public prosecutor's office of the court of first instance (or, in certain cases, to the civil registrar of the municipality) must include the following foreign documents as sworn translations by an NRJE-registered translator:

• Birth certificate: full extract with all marginal annotations (filiation, marriage, divorces). Essential — it is the foundational identity document for the entire file.
• Criminal record extract from the country of origin: issued by the competent authorities of the country of origin, translated into French, Dutch or German depending on the competent prosecutor's office.
• Marriage certificate (where applicable): if the applicant is married, the foreign marriage certificate must be translated. The same applies to any foreign divorce judgment.
• Diplomas or training certificates: if invoking a recognised training course as proof of integration, foreign diplomas must be translated.
• Birth certificates of minor children: if children are included in the application.

Art. 12bis vs. naturalisation (Art. 19) vs. declaration by descent

Several routes exist for acquiring Belgian nationality, which should not be confused:

• Article 12bis (declaration): a legal entitlement procedure reserved for long-term legal residents satisfying the integration conditions. Processed by the public prosecutor's office. Statutory deadline of 4 months.
• Article 19 (naturalisation): a sovereign favour granted by the federal Parliament, with no guaranteed outcome. Open to persons who do not meet the Art. 12bis conditions or who wish to invoke services rendered to Belgium. Timeline much longer and uncertain.
• Declaration by descent (Art. 8–10 BNC): for persons born of Belgian parent(s) or for children adopted by a Belgian national. Separate procedure, less demanding in terms of integration evidence.
• Option (Art. 11bis BNC): for certain specific categories (stateless persons, children born in Belgium to foreign parents).

Timelines at the public prosecutor's office and municipalities

The Art. 12bis nationality declaration is lodged either with the civil registrar of the municipality (who forwards it to the prosecutor's office) or directly with the public prosecutor's office of the court of first instance at the place of residence. The prosecutor's office has a statutory deadline of 4 months to investigate and issue its opinion. If the prosecutor's office raises no objection within that period, nationality is acquired.

In practice, actual timelines often exceed the statutory 4 months in large jurisdictions (Brussels, Antwerp, Liège). Once nationality is granted, the civil registrar records the acquisition in the margin of the Belgian birth certificate or in the national register. A Belgian passport may then be applied for.