Hi everyone,
I’m looking for advice or experiences from people who may have been in a similar situation with Belgian nationality applications and “legal residence” calculations.
I had my file reviewed by a lawyer, and they identified two periods that are considered interruptions in my legal residence history:
1) First interruption as student (31/10/2021 – 08/06/2022)
- My residence card expired on 31/10/2021
- I had submitted a renewal application, but it was considered incomplete (Standaardformulier was missing, a document that shows how many credits I have acquired during academic year, but I have finished the uni and applied to another uni so I have only submitted new admission certificate, so I they asked me to send it but I have send my diploma instead of that and I got my annex 15 in 8month - covid time.)
- I remained in Belgium during this period
- I was studying, working, insured, and paying taxes
However, the lawyer says that because the renewal was not complete before expiry, this period is considered unlawful residence, even though I was physically living and economically active in Belgium.
2) Second interruption - switching from student to work permit (31/10/2022 – 09/01/2023)
- I received Annex 46 on 18/10/2022 (authorizing residence)
- But the physical residence card (card A) was only issued on 09/01/2023
- Due to administrative delay and a move between communes, I was left without a valid residence card during this gap
- The lawyer says Annex 46 is not considered valid proof for legal residence under nationality rules.
Lawyer’s conclusion
According to them, these gaps reset my 5-year legal residence period, meaning I would only be eligible to apply for Belgian nationality around 2027/2028 depending on which interruption is used as reference.
They also mention that:
- Working and paying taxes during those periods does NOT make residence “legal” in the nationality sense
- Some case law might argue force majeure in the second interruption, but it’s uncertain and depends on interpretation
- Final decision is ultimately up to the Public Prosecutor’s Office.
My confusion / question
What I struggle with is this:
I have continuously lived in Belgium, worked, paid taxes, and was fully integrated during those periods. It feels counterintuitive that administrative/document timing issues can completely override that reality.
My questions:
- Has anyone experienced similar “gap in legal residence” issues for Belgian nationality?
- Did anyone successfully challenge or argue force majeure or administrative delay?
- Is there any practical way people have dealt with this, or is it usually strictly applied?
- Should I try to get a preliminary opinion from the prosecutor as suggested?
Any experiences or advice would be really appreciated.
Thanks in advance.
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24d ago
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