The 2 types of elements examined by the Public Prosecutor’s Office

When you submit a nationality application, the Public Prosecutor’s Office responsible for examining your file evaluates two broad categories of elements:

1. Substantive conditions

The Public Prosecutor’s Office will verify whether you meet the following conditions:

• Having legally resided in Belgium for 5 or 10 years depending on the case
• Having demonstrated social, linguistic and economic integration
• Having participated in the life of the Belgian community

2. Serious personal facts

These are any elements likely to compromise your file, such as a criminal record, fraud or an ongoing investigation.

The 7 common grounds for refusal of Belgian nationality

Here are the main reasons why a nationality application may be refused:

1. Judicial decision relating to a fraudulent marriage or cohabitation

If a court decision establishes that you obtained your residence permit through:

• A marriage of convenience (sham or grey marriage)
• A forced marriage
• A cohabitation of convenience

Good to know This type of fraud is considered a serious personal fact, calling into question your good faith and integration.

2. Conviction for tax or social fraud

A final conviction for tax fraud or social security fraud can lead to the rejection of your application.

Good to know These offences are perceived as a breach of public order and national solidarity.

3. Criminal conviction with a prison sentence

If you have been sentenced to a prison term of at least one year, this may block the granting of nationality.

However, you can apply for rehabilitation:

• 3 years after having served all sentences
• 6 years in case of recidivism

Good to know Suspended sentences or alternative measures are generally not blocking. Only custodial sentences are considered.

4. Ongoing judicial investigation or inquiry

If a criminal case is pending against you, even without a conviction, this may be sufficient to justify a refusal.

Good to know This criterion applies in particular to offences punishable by a prison sentence of one year or more, and if the case is recent (less than one year) at the time of application.

5. Inability to verify your identity or principal residence

Your identity must be clearly verifiable, in particular through:

• Your identity documents
• Your civil status records
• Your proof of residence

Good to know Inconsistencies or doubts on this matter may lead to an automatic refusal.

6. Activities contrary to the interests of the Belgian State

If you have been involved in activities threatening the security of the State, or if you are a member of an extremist group or movement, this constitutes a serious ground for rejection.

Good to know This includes in particular violent organisations, hate groups, or any act that could compromise public order.

7. Situation that could lead to deprivation of nationality

If you find yourself in a situation that, once naturalised, could justify deprivation of nationality, this may prevent the granting.

Examples:

• Nationality obtained through fraud
• Behaviour seriously contrary to the duties of a Belgian citizen

Good to know This list is not exhaustive. The Public Prosecutor’s Office may refuse an application for other reasons deemed serious. For example: serious traffic offences (hit-and-run, repeat drink-driving offences…).

What to do if your application is refused?

Two options are available to you:

• Lodge an appeal before the Family Court
• Submit a new application, once the identified problems have been resolved or regularized

In all cases, it is recommended not to submit your application if your situation still carries risks, in order to avoid a negative decision that is difficult to overturn.