Dual Citizenship

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Dual Citizenship

 

Frequently Asked Questions on Dual
Citizenship

What is Republic Act No.
9225?

Republic Act No. 9225 is an Act making the citizenship
of Filipinos who acquire foreign citizenship permanent, amendin
for the purpose Commonwealth Act No. 63.

RA 9225, which took effect on 17 September 2003,
declares that former natural-born Filipino citizens who acquired
foreign citizenship through naturalisation are deemed not to have
lost their Philippine citizenship under conditions provided in
the Act.

There former Filipinos can re-acquire/retain their
Philippine citizenship by taking the oath of allegiance to the
Republic of the Philippines.

Who is a natural-born Filipino citizens?

Under the Philippine Constitution, a natural-born
citizen is a person born of one or both parents who are Filipino
citizens at the time of birth.

Does the law RA 9225 apply to dual citizens?

RA 9225 does not apply to dual citizens, ie, those
who have both Philippine citizenship as well as foreign citizenship
not acquired through naturalisation.

A child born of parents who are both Filipino citizens
(at the time of birth) in a country that adheres to the jus soli
principle (eg, the United States) is a dual citizen. The child,
who is a natural-born Filipino because the Philippines adheres
to the jus sanginis principle, is also entitled to apply for a
US passport.

Jus soli (right of soil) is the legal principle
that a person’s nationality at birth is determined by the place
of birth (ie, the territory of a given state).

Jus sanguinis (right of blood) is the legal principle
that, at birth, an individual acquires the nationality of his/her
natural parent/s.

A chld born of one parent who is a Filipino citizen
(at the time of birth) and of one foreign parent (eg, Australian)
whose country adheres to the jus sanguinis principle is a dual
citizen and is entitled to apply for both Philippine and Australian
passports.

A child born of one parent who is a Filipino citizen
(at the time of birth) and of one foreign parent (eg, Australian)
whose country adheres to the jus sanguinis principle in a country
that adheres to the jus soli principle (eg, US) would be entitled
to apply for Philippine, Australian and US passports.

How do I prove that I am a natural-born
Filipino?

A former natural-born citizen, who was born in the
Philippines, shall submit the NSO-authenticated copy of his or
her birth certificate.

A former natural-born citizen, who was born abroad,
shall present a copy of the Report of Birth issued by the Philippine
Embassy or Consulate and, in applicable cases, the original copy
of the Birth Certificate by competent foreign authorities.

What is the procedure in applying and
what documents are required in order to apply?

Applicant shall present a copy of his/her Birth
Certificate issued or duly-authenticated by the National Statistics
Office (NSO) in Manila.

Applicant accomplishes form entitled “Petition
for Dual Citizenship and Issuance of Identification Certificate
(IC) pursuant to RA 9225” and attaches three (3) 2”x2” photographs
showing the front, left side and right side views of the applicant.

Applicant submits duly-accomplished petition to
the Philippine Consulate / Embassy together with the photos, birth
certificate and a valid ID.

(Note: applicants who are married and who wish to
use their married names must submit a copy of their marriage certificate).

Applicant pays a processing fee of US$ 50.00 and
is assigned a schedule for his/her oath of allegiance before a
consular officer. Applicant takes his/her oath.

Applicant is given the original copy of his notarized
oath of allegiance together with an Order of Approval issued by
the Philippine Consulate General.

The Philippine Consulate General forwards to the
Bureau of Immigration in Manila the petition, oath, order of approval,
and other supporting documents for issuance of an Identification
Certificate.

The Bureau of Immigration issues an Identification
Certificate (IC) and forwards it to the applicant through the
Philippine Consulate General.

<p class=”bodyheadredbold”>What is the implementing agency of RA
9225?

Administrative Order No. 91, Section 1 designates
the Bureau of Immigration (BI), in consultation with the Department
of Foreign Affairs (DFA), Department of Justice (DOJ), Office
of the Civil Registrar-General of the National Statistics Office
(NSO), as the implementing agency of RA 9225

Where do I apply for re-acquisition of
Philippine Citizenship if I am in the Philippines?

A former natural-born Filipino citizen who is already
in the Philippines and registered in the Bureau of Immigration
shall file a petition under oath to the Commissioner of Immigration
for the cancellation of the Alien Certicate of Registration (ACR)
and issuance of an Identification Certificate (IC) as the case
may be, under RA 9225.

A former natural-born citizen who is already in
the Philippines but has not registered with the BI within 60 days
from date of arrival shall file a petition under oath to the Commissioner
of Immigration for the issuance of an IC under RA 9225.

Where do I apply for re-acquisition of
Philippine Citizenship if I am overseas?

A former natural-born citizen who is abroad but
is a BI-registered alien shall file a petition under oath to the
nearest Philippine Embassy or Consulate for evaluation. Thereafter,
the Embassy or Consulate shall forward the entire records to the
Commissioner of Immigration for the cancellation of the ACR and
issuance of an IC under RA 9225.

A former natural-born citizen who is abroad and
is not a BI-registered alien shall file a petition under oath
to the nearest Philippine Embassy or Consulate for the issuance
of an IC under RA 9225.

What is the Oath of Allegiance?

The Oath of Allegiance is the final act that confers
Philippine citizenship. It reads as follows:

“I,________________, solemnly swear that I
will support and defend the Constitution of the Republic of the
Philippines and obey the laws and local orders promulgated by
the duly constituted authorities of the Philippines, and I hereby
declare that I recognise and accept the supreme authority of the
Philippines and will maintain true faith and allegiance thereto,
and that I impose this obligation upon myself voluntarily without
mental reservation or purpose of evasion.”

Can the conferment of Philippine citizenship
be revoked?

The conferment of Philippine citizenship under the
IRR shall no longer be subject to the affirmation by the Secretary
of Justice. However, Philippine citizenship may be revoked by
competent authority upon a substantive finding of fraud, misrepresentation
or concealment on the part of the applicant.

Can my foreign spouse also become a Filipino
citizen under RA 9225?

No, the law does not apply to the foreign spouse.
He/she has the following option if he/she wishes to reside permanently
in the Philippines: (a) apply for naturalisation; (b) apply for
a permanent resident visa.

Can my children (minor or aged 18 years
old or over) also acquire Philippine citizenship under RA 9225?

According to Section 4 of RA 9225 (Derivative Citizenship),
the unmarried child, whether legitimate, illegitimate or adopted,
below eighten (18) years of age, of those who re-acquire Philippine
citizenship under this Act shall be deemed citizens of the Philippines.

A married child, although a minor, cannot therefore
be included in the petition of his/her parent.

Children 18 years old and over do not qualify to
acquire Philippine citizenship under RA 9225. They have the same
options that are open to the foreign spouse.

What is the procedure for derivative
acquisition of Philippine citizenship?

The petition under oath has the option to list the
names and details of any minor, unmarried children. The applicant
should include a copy of the Report of Birth and the original
copy of Record of Birth for each minor child.

The Embassy will clarify from Bureau of Immigration
the exact procedure in case of the minor children and whether
the BI will issue to them a Certificate of Identification.

After I have re-acquired Philippine citizenship,
can I apply for a Philippine passport?

Yes, and so can the minor children who are deemed
to have acquired Philippine citizenship under RA 9225. You would
need to comply with the requirements for first-time passport applicants.

What rights and privileges
will dual citizens enjoy?

Those who retain or reacquire their Philippine Citizenship
under RA 9225 shall enjoy full civil and political rights and
be subject to all attendant liabilities and responsibilities under
existing laws of the Philippines and the following conditions:

Those intending to exercise their right of suffrage
must meet the requirements under Section 1, Article V of the Constitution,
Republic Act No. 9189, otherwise known as “The Overseas
Absentee Voting Act 0f 2003” and other existing laws.

Under the Act, the right to vote or be elected
or appointed to any public office in the Philippines cannot be
exercised by, or extended to, those who are candidates for or
are occupying any public office in the country of which they are
naturalized citizens and/or those who are in active service as
commissioned or non-commissioned officers in the armed forces
of the country which they are naturalized citizens.

Those seeking elective public office in the Philippines
shall meet the qualifications for holding such public office as
required by the Constitution and existing laws and, at the time
of filing of the certificate of candidacy, make a personal and
sworn renunciation of any and all foreign citizenship before any
public officer authorized to administer an oath.

Those appointed to any public office shall subscribe
and swear to an oath of allegiance to the Republic of the Philippines
and its duly constituted authorities prior to their assumption
of office: Provided, That they renounce their oath of allegiance
to the country where they took that oath;

Can I now acquire land and other properties
or engage in business?

As provided for under the 1987 Philippine Constitution,
a Filipino citizen is entitled to purchase land and other properties
and engage in business. There is no limit in terms of area or
size of land or real property he/she could acquire/purchase under
his/her name. This right would now apply to former natural-born
Filipinos who have re-acquired Philippine citizenship under RA
9225.

Can I now reside in the Philippines without
having to apply for entry visa?

Former natural born Filipinos who have re-acquired
Philippine citizenship may now reside in the Philippines continuously
without having to apply for entry visa. If the foreign spouse
and/or child wish to also reside permanently in the Philippines,
they may opt to apply for naturalisation as a Filipino citizen
or apply for a permanent resident visa.

If he/she does not wish to reside permanent in the
Philippines, he/she could visit the country as a Balikbayan (refers
to a Filipino citizen who is out of the country continuously for
at least one year). The foreign spouse or child may enter the
country and stay for up to a year visa-free provided the spouse
or child is accompanying or travelling with the Balikbayan when
the Balikbayan goes home to the Philippines.

As a dual citizen, how long can I stay
in the Philippines?

Having reacquired your citizenship, you can stay
in the Philippines for as long as you want without having to pay
an immigration fees. You can even choose to retire or permanently
settle back in the Philippines. As a Filipino citizen, you are
subject to duties and other obligations imposed on other ordinary
Filipinos, such as paying the necessary community tax residence
and other tax liabilities in accordance with the tax laws of the
Philippines.

Will I now be required to pay income
tax and other taxes? Am I exempt from paying the travel tax?

In accordance with existing laws, income earned
in the Philippines is subject to the payment of tax. Filipinos
who re-acquire citizenship and opt to reside and work in the Philippines
will pay the income tax due at the end of each fiscal year. They
are also subject to other obligations and liabilities, such as
the community tax and residence tax.

Countries routinely forge bilateral agreements in
order that their respective citizens who earn income overseas
do not pay income tax twice.

Filipinos who have re-acquired citizenship, as long
as they reside permanently overseas, also enjoy the travel tax
exemption extended to Filipino citizens permanently residing in
other countries, the OFWs and their dependents.

As a dual citizen,
am I allowed to practice my profession in the Philippines (e.g.
doctor) ?

Under the law, those intending to practice their
profession in the Philippines shall apply with the proper authority
for a license or permit to engage in such practice.

If I need to get more details on the
rules and procedures for the implementation of RA 9225, which
government office do I contact in the Philippines?

Under Administrative Order No. 92 Series of
2004 dated 12 January 2004, the Bureau of Immigration has been
designated as the government agency in charge of formulating the
rules and procedures for the implementation of Republic Act No.
9225. The contact details of Immigration Commissioner Alipio F.
Fernandez are as follows: Office of the Commisioner, Bureau of
Immigration, Magallanes Drive, Intramuros, Manila, Philippines.
(Tel. No. (63)2 527-3265 / Fax No. (63-2) 527-3279)

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