Nationality Application in Trouble

There should be a standard form of birth certificate we call it Formula A .

Generally we need recent birth certificate, issue date must be less than 6 month.

My be you submitted old, that's why both having a different format

Also, less than 12 year kids doesn't need birth certificate, they will get nationality automatically once you will get.

@KTantwerp05

The gemeente is clearly wrong. Situations like this happen all the time, formats of birth certificates change and that is completely normal. For example, my colleague from Russia applied recently with two children: her own birth certificate was an old cardboard booklet, the older child had a paper a bit smaller than A4, and the younger child had an A4 paper with a QR code. All of them were accepted without problem (in Gent).

Document formats change over time, this is absolutely normal. What is not normal is the behavior of the commune officer, who basically accused you of presenting fake documents. Why do I say this? Because that is the only reason a birth certificate can be rejected by law. The nationality law does not require that documents from different people and different times look the same. There is also no legal rule about the “validity period” of a birth certificate or of the apostille (though communes often wrongly demand documents not older than 1 year ,this is also illegal).

What you should do now: write and send via post an official complaint (Klacht) to Antwerp commune and describe the situation. Don’t be afraid, this will not harm your nationality application. A separate person will review your complaint.

Also, since Antwerp has very few slots, and because this mistake is not your fault, you should demand an urgent extra appointment as soon as possible.

If your documents are genuine, you have nothing to fear. Good luck!

@gbsc0609

That is bullshit. There is no validity period for an original birth certificate, and also no validity period for the apostille. If it is an extract from the population register, then yes, extract can have a limited validity. But not the original certificate.

Belgian communes have been telling foreigners this bullshit for 20 years already, and they have been criticized many times in official instructions for doing so. Still, some very stupid staff continue to repeat it.

I had the same situation in antwerp they refused the birth certificate which was 20+ years old and legalised. They told me that they showed me in their system sample birth certificate formats for my country and mines was not matching with them because it was too old. Now I am in process of getting a new one from my home country then appostile and translation to apply again for nationality.

@hssn601 Did commune reject your birth certificate or it was rejected from Belgium? My birth cert can easily be verified online.

@Mia0210 thanks for your reply. I went again to cummune, there was another officer at seat. He just took my birth cerificate, scanned it and said they would make a file and send to Brussels.

My Son’s birth certificate has a QR code, while I have application number in my certificate which can be authenticated online. Our documents are apostiled and translated.

@Mia0210

Not wrong, the rule is not older than 6 months. That's the same with Marriage and photos.

@SimCityAT

LOL. Could you please share a link where it is written? You can't because it does not exist. There is NO validity date for ORIGINAL akten. This is just a bullshit from the commune. Please stop spreading lies on forum.

@hssn601

Well, if you've got the time, money, and the willingness to obey any nonsense the commune feeds you, go ahead. None of it is necessary. Your 20 year old certificate is still valid according to BELGIAN law.

@SimCityAT LOL. Could you please share a link where it is written? You can't because it does not exist. There is NO validity date for ORIGINAL akten. This is just a bullshit from the commune. Please stop spreading lies on forum. - @Mia0210

Don't laugh at me, its common knowledge. How long have you been an Expat? Its also funny that the embassies also give that advice as well.

@SimCityAT LOL. Could you please share a link where it is written? You can't because it does not exist. There is NO validity date for ORIGINAL akten. This is just a bullshit from the commune. Please stop spreading lies on forum. - @Mia0210

https://india.diplomatie.belgium.be/en/ … ationality

https://southafrica.diplomatie.belgium. … ationality

Here they mentioned recent also not more than 6 months old

@Mia0210

Have you ever fight for your rights in commune? or just you suggesting such things to other?

@SimCityAT

What do you mean by “common knowledge”? We should rely on the law, not on “general gossip.” People can tell you whatever they want, wherever they want.

I’ve been an expat for over 20 years, and both I and my clients have extensive experience in this area. And although the situation has improved a lot over these 20 years, in some communes you can still come across xenophobic, unfriendly, ignorant, and sometimes just stupid staff.

Let me clarify once again: the originals of certificates and their apostilles are valid indefinitely. If it’s an extract (afschrift), then it has an expiration date.

All of this can be found directly in the laws and the official explanations to them.

@gbsc0609

In the link from the Belgian Embassy in India there is nothing mentioned about any validity period, so I don’t understand why you are making this up.

In the link from the Belgian Embassy in South Africa, it does mention a 6-month period. However, this is because in that country, just like in Belgium (and in many other countries) – there are no “original” birth certificates. They only issue extracts from the civil registry. Moreover, that link refers specifically to acquisition of nationality by birth, not by naturalization, and it concerns applications through the embassy, not through a commune in Belgium. That is exactly why the embassy there (assuming the child was born in South Africa) sets a 6-month limit: because extracts are only valid that long, since originals do not exist in that system.

In India, Russia, and many other countries, a birth certificate is a permanent document, issued once for life (of course, in case of loss it can be reissued or a duplicate made). So, even in theory, there cannot be any “validity period” attached to such documents.

And yes, both I and my clients have fought for our rights many times in communes. Simple cases like a refusal to accept a birth certificate are always resolved, 100% of the time, through a standard complaint form. You don’t even need to escalate it to the Ombudsman or the Ministry of Interior. Almost always, the refusal is not based on objective rules or knowledge but simply on hostility. As I already mentioned, many staff members are xenophobic and they know you are vulnerable in front of them. In rarer cases, the refusal comes from ignorance of the rules.

Holding them responsible for racism or xenophobia is difficult, because the typical reply to a complaint is: “We just misunderstood each other, and we apologize. Your birth certificate is valid, and you may bring it any time without appointment. At reception, mention my name the secretary knows we are expecting you.”

@Mia0210

Thanks for your explanation.

But in my commune (Evere), no one attends us without an appointment, and if we miss one, we have to wait another 2–3 months. That’s why we don’t want to lose time — it’s better for us to keep all the necessary documents we learned about from the forum and that's why I don't want to fight with them, it takes my time.

And one more thing, On my all documents from India, we have a expiry date of Apostille.

@gbsc0609

In general, you are right that without an appointment you usually cannot just walk into the commune. But what I was talking about is the complaint procedure: when your documents are refused and you file a complaint. In such cases, once they realize it was their mistake and not yours, they either allow you to come at any time or they give you a special appointment at the nearest available date.

Regarding the apostille: even in the Hague Convention itself it is clearly stated that an apostille has no expiration date. Only the underlying document can have a validity period. The apostille simply certifies the signature of the official who signed the document and confirms that it is an authentic official document, it does not validate the content itself.

Most likely, the “expiry date” you mention is not an expiration of the apostille, but rather the period during which it can be verified online. After that date, it does not stop being valid. Or, you might be referring to a document that has a limited validity (for example, a police clearance certificate, which is time-sensitive).

@hssn601

What will be acceptable? An apostilled birth certificate + translation OR (original birth certificate + translation), both apostilled?. I mean, are you required to apostille the translation as well?

After appostile you need to get it translated in belgium, there are some soecial translators you can search then you can submit. Appostile is not needed for translation.