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Belgium/Democratic Republic of Congo: Right to Belgian citizenship of a person born in Democratic Republic of Congo but whose father was a Belgian national

According to Article 8 of the Belgian Nationality Code (available in French on REFLEG, through the REFWORLD database), a person to whom the following conditions apply is Belgian:

[Translation]

1. a child born in Belgium to a Belgian parent;

2. a child born outside Belgium:

a) to a Belgian parent born in Belgium or in territories under Belgian sovereignty or administration;

b) to a Belgian parent who, within five years of the child's birth, makes an application for Belgian nationality to be awarded to the child;

c) to a Belgian parent, provided that the child does not possess another nationality or does not retain another nationality until the age of 18 years or until he or she is no longer legally under the authority of a parent or guardian, whichever occurs first.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Response.

Reference

Belgium. 1 January 1985. Code de la nationalité belge (UNHCR/REFLEG database)

Additional Sources Consulted

European Bulletin on Nationality

IRB databases

Unsuccessful attempt to contact one non-documentary source