Kafkaesque tales: Marriage obstacle course

I have come across a strange situation regarding nationality and marriage (Art 12bis 1, 3) for couples in same-same relationships.

My partner and I (both non-EU) have been together +10 years and living in Belgium since 2008. Late 2014 I was granted Belgian nationality under Art 12bis 1, 2.

My partner has not worked in Belgium as he had no work permit until recently (on gaining his permanent residency), so he has been studying Dutch and French, and he also speaks fluent German.

In January 2007 we were living in Germany and we celebrated a Lebenspartnerschaft under German law (no "marriage" there yet, the highest recognition so far there).

On moving to Belgium we informed BXL Commune that we had a Lebenspartnerschaft from Germany and this was accepted in Belgium as a Belgian “marriage” for residency purposes and tax purposes for me and my partner.

On gaining my Belgian nationality, we went to the Nationality Office to ask about acquiring nationality for my partner through Artikel 12 bis 3 (verkrijging van de Belgische nationaliteit door nationitietsverklaring Huwelijk). (My partner does not meet any the other grounds of nationality as he has not been working, just studying and learning the national languages).

However, according to the Nationality Office, the Lebenspartnerschaft is not regarded as “marriage” for the purpose of nationality. Accordingly, they say that we need to get married under Belgian law.

So, off to the Burgerlijke Stand Huwelijken office...

However the Marriage Office informed us that we could not get married in Belgium without terminating our Lebenspartnerschaft in Germany.

Therefore, according to the Marriage Office, we need to get divorced in Germany in order to get married in Belgium as the German Lebenspartnerschaft is not recognised in Belgium for nationality purposes (although recognised as "marriage" for many other matters).

And of course, in order to get "divorced" in Germany there is a cooling off period of 6 months to one year before the divorce is effective.

A further issue is that we have been together for +10 years and our Lebenspartnerschaft is from January 2007. But under Article 12 bis 3, marriage must be: “…getrouwd met een Belg met 3 jaar samenleving in Belgie…”.

In my interpretation, you just need to live together for 3 years. However the Commune interprets this as having to be married for three years. So even if we divorce in Germany, wait a year for the divorce to be effective, get married in Belgium, my partner will need to wait another three years for nationality (presuming the law does not change in the meantime...).

For all practical purposes it makes little difference: my partner has permanent residency and can work and travel within the EU without problem (and will be able to obtain Belgian nationality himself within 3 years). But I believe that the Commune's interpretation on both of these points are incorrect or that it is a major fault in the legislation, something that would not stand up to the scrutiny of the ECHR. I am inclined to fight on principle alone before the ECHR as a test case (although I think all national remedies must be attempted first before going to the ECHR).

Has anyone else come across such a situation? Any suggestions on an approach? Make a stand for what is right and just and for equality, or be pragmatic, not complicate our lives and wait out the time until he can get nationality independently?