Administrative challenges for “new” EU nationals in Belgium
Administrative delays affecting individuals who acquire an EU nationality during their stay in Belgium.
We would like to highlight a situation we are increasingly encountering in practice: administrative delays affecting individuals who acquire an EU nationality during their stay in Belgium.
While obtaining EU citizenship is generally seen as a significant step forward, particularly in terms of residence security and access to the labour market, the administrative reality can sometimes be more complex.
What we are seeing in practice
Recent guidance from the Belgian authorities calls on municipalities to exercise increased vigilance in detecting potential identity fraud involving EU nationals.
In practice, this means that certain cases, including those where an individual has legitimately obtained a new EU nationality, are automatically referred to the Immigration Office’s Fraud Unit.
As a result, processing times can increase significantly, with delays of up to approximately six months, even in cases where there is no or only a very limited indication of fraud.
What are the implications?
This additional layer of control can create a difference in treatment between:
- EU nationals arriving in Belgium for the first time
- non-EU nationals who become EU citizens during an ongoing and fully legal stay in Belgium
While both categories ultimately benefit from EU free movement rights, the administrative pathway can differ considerably in practice.
An important clarification
It is important to underline that acquiring EU citizenship continues to grant the associated rights, including free access to the labour market.
These rights remain applicable despite administrative delays, provided there is no substantiated doubt regarding the individual’s identity.
Why this matters
Besides the unwanted and unexpected pressure coming along with these additional checks, they can have a tangible impact on workforce planning, onboarding timelines and compliance processes.
Employers, HR teams and international professionals are not always aware of these procedures in advance, which can lead to unexpected delays and operational challenges.
Our recommendation
Where this situation arises, it is important to:
- anticipate potential delays in administrative processing
- ensure proper documentation is readily available
- proactively follow up with the relevant authorities
- seek appropriate guidance where needed
‘Being informed and prepared can make a significant difference in navigating these situations smoothly.’
If you would like to discuss how this may impact your organisation or your international workforce, feel free to reach out to our team.
