Transcription of an application for naturalisation in the civil status register
Naturalisation is the act by which a foreigner is admitted to become a Belgian citizen and enjoy the rights and prerogatives attached to this title. Article 5 of the Constitution states: "Naturalisation is granted by the legislature. Major naturalisation alone assimilates foreigners to Belgians for the exercise of political rights. As a result of this provision, a special law was passed on 17 September 1835 (Bulletin officiel. XII, no. 647).
Article 1: Ordinary naturalisation confers on the foreigner all the civil and political rights attached to Belgian status, with the exception of political rights for the exercise of which the constitution or laws require grand naturalisation.
Article 2: Grand naturalisation can only be granted for eminent services rendered to the State.
Article 3 Grand naturalisation will always be the subject of a special provision, except in the case provided for in Article 4. The ordinary admission of several foreign nationals to ordinary naturalisation may be pronounced by a single provision.
Article 4 The naturalisation of a father entitles his minor children to the same benefits, provided that they declare, within one year of reaching the age of majority, before the municipal authority of the place where they have their domicile or residence, cin accordance with article 10, that their intention is to enjoy the benefit of the present provision. If the children and descendants are of age, they may, in the event that the father obtains grand naturalisation, obtain the same favour for eminent services rendered to the State by their father.
Article 5 (1) : Ordinary naturalisation, except in the case provided for in the preceding article, will only be granted to those who have completed their twenty-first year and who have resided in Belgium for five years.
Article 6 No one shall be admitted to naturalisation unless he or she has applied for it in writing. The application must be signed by the person making it or by his or her special and authentic proxy. In the latter case, the power of attorney will be attached to the application.
Article 9 Within eight days of the Royal Assent to the provision mentioned in article 3, the Minister of Justice will issue the applicant with a certified copy of the act of naturalisation.
Article 10 The impetrant, in possession of this copy, will appear before the burgomaster of his place of domicile or residence and declare that he accepts the naturalisation conferred upon him. A record of this declaration will be drawn up immediately in a register intended for this purpose.
Article 11 The declaration prescribed by the preceding article must be made, under penalty of forfeiture, within two months (4) of the date of Royal Assent.
Article 12 The municipal authority will send a duly certified copy of the acceptance deed to the Minister of Justice within eight days.
Model declaration to be completed by the applicant
in the year one thousand eight hundred and ...., on the ... of the month of ..., before us, Mayor and Aldermen of the municipality of ..., province of ..., district of ..., appeared (surname and forenames), born at ... on ..., son of ... and of ... (If the person appearing produces his birth certificate, the following should be added: As it appears from the birth certificate produced by the person appearing and annexed hereto. He has declared that his intention is to enjoy the benefits of article 4 of the law of 27 September 1835 on naturalisation<.
After reading, the witness signed with us.
The declarant The college of burgomasters and aldermen.
Mandatory provision by the local authority
Within the first 10 months of January each year, the communal administrations must send the provincial governor a list of individuals who, during the previous year, availed themselves of the benefits of the aforementioned article 4.
In giving its opinion on applications of this kind, the municipal administration must indicate the petitioner's means of subsistence, the occupation or industry in which he or she is engaged and what benefit the country would derive from his or her naturalisation; lastly, whether the petitioner would be prepared, if his or her application were accepted, to pay the registration fees established by the law of 15 February 1844.
© Yves Heraly 2019 all rights reserved
