Living In The Philippines Forum

Living in The Philippines => RA 9225, Citizenship Retention and Re-acquisition => Topic started by: coolecho on March 15, 2012, 11:09:01 PM

Title: Retiring to the Philippines after 30 years
Post by: coolecho on March 15, 2012, 11:09:01 PM
Hello All,

I\'m new on this site and glad I found it!  :D
I brought my wife to San Diego from the PI back in 1981 on a marriage visa, and we got married in 1981. We met in Angeles City and have been happily married since.
We are looking into retiring there soon. We have lots of family there in the PI. One of our relatives lives in Cavite and does Real Estate.
I read through the blogs on the various visas and the 13a spousal visa is probably the one we need.
I am wondering since my wife (who is now a US citizen since 1983) has been away for 30+ years would she still be considered a Philippine citizen?
Would she just need a US passport to go there, or would she also need a visa?

Thanks, Dan S.
Title: Re: Retiring to the Philippines after 30 years
Post by: OldManBill on March 16, 2012, 12:07:01 AM
I cant answer the specifics, but I believe that she can get her citizenship back through the Philippine embassy/consulate. Just call them. Any filipino, or child of a filipino born in the RP, can get their citizenship.
Title: Re: Retiring to the Philippines after 30 years
Post by: coolecho on March 16, 2012, 12:44:34 AM

Yes we\'ll check with the embassy, however several filipinas here at work say she would be OK.

Thanks
Title: Re: Retiring to the Philippines after 30 years
Post by: rdjlazo@yahoo.com on March 16, 2012, 03:51:46 AM
Dan and wife: Welcome back.
Good decision Dan,
She can even apply for dual citizenship if she want.
Took us one morning from start to finish at the L A consulate.
Me and wife are both Pinoys and decided to retire here last August 2010.
Advantage is she can own real estate without any problem if she is dual citzn.
Yes you need passport anytime you get out of U S.
Start looking for a place you want to retire to in case Cavite is not the place.
Be very careful on real estate deals. Don\'t make fast decision until you are
there and know what is really going on. It takes a while to know enough
and not all relatives are dependable when it comes to money.
watch your money very closely.
Good luck and best regards,
Rudy
Title: Re: Retiring to the Philippines after 30 years
Post by: tatayx2 on March 16, 2012, 04:17:01 AM
if you had any children before she became a citizen the are philippine citizens by birthright you just have to register it at the consulate. That way if something happens to your Asawa the property will go to your children not her family since it will be in her name and you cannot own land unless you are a Philippine citizen.
Title: Re: Retiring to the Philippines after 30 years
Post by: coolecho on March 16, 2012, 06:29:42 AM
Good info! our daughter living in the US was born in the Philippines.

Rudy, when you say LA  consulate you mean the Philippine consulate? Do you need an appointment?  What documentation did your wife need?

Thank you
Title: Re: Retiring to the Philippines after 30 years
Post by: rdjlazo@yahoo.com on March 16, 2012, 09:47:01 AM
Don\'t need appt at Phil consulate just be there early.
Bring marriage certificate. Birth certificate for her. Her relatives can get  the birth cert
here in bureau of census office. Passport US and Philippines if she have them.
Better to have more docs than missing one when you are there already.Ask people
who just been to Phil consulate recently who got dual citizenship.
Hard to get them by phone though. Maybe they have changed.
Good luck,
Rudy
Title: Re: Retiring to the Philippines after 30 years
Post by: coolecho on March 16, 2012, 10:35:34 AM
Great! Got everything except the US passport so first things first. Thanks!
Title: Re: Retiring to the Philippines after 30 years
Post by: Gray Wolf on March 16, 2012, 09:09:00 PM
Here\'s a new link to the Bureau of Immigration website section dealing with RA 9225 - Citizenship Retention and Reacquisition Act.  

http://immigration.gov.ph/index.php?option=com_content&task=view&id=24&Itemid=80 (http://immigration.gov.ph/index.php?option=com_content&task=view&id=24&Itemid=80)

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

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

2) 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.

3) 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).

4) 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.

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

6) 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.

7) The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Consulate General.
Title: Re: Retiring to the Philippines after 30 years
Post by: coolecho on March 17, 2012, 03:20:15 AM

We are planning on getting the dual citizenship at the consulate in LA.
The website is:
http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm.

Thanks for your help.
Title: Re: Retiring to the Philippines after 30 years
Post by: Gray Wolf on March 17, 2012, 03:47:41 AM
Topic moved to the RA 9225, Citizenship Retention and Re-acquisition sub-board.  Also made a \"sticky\" so it will always remain near the top of the page.

       ~~ Admin ~~
Title: Re: Retiring to the Philippines after 30 years
Post by: coolecho on March 20, 2012, 12:31:03 AM

If my wife obtains re-acquisition of Philippine citizenship then could the Philippine government ask her to pay back taxes for wages made while she was in the US?

Shouldn\'t she just be able to go to the Philippine consulate in Los Angeles and get her passport renewed? She never renounced her Philippine citizenship anyway, unless becoming a US naturalized citizen does that by default??

Thanks
Title: Re: Retiring to the Philippines after 30 years
Post by: Gray Wolf on March 20, 2012, 04:23:06 AM

If my wife obtains re-acquisition of Philippine citizenship then could the Philippine government ask her to pay back taxes for wages made while she was in the US?

Shouldn\'t she just be able to go to the Philippine consulate in Los Angeles and get her passport renewed? She never renounced her Philippine citizenship anyway, unless becoming a US naturalized citizen does that by default??

Thanks

When she swore her oath to the US she voluntarily gave up her Filipino citizenship while living in the US.  I won\'t get into any legal debates about the exact wording, nor is it necessary.  By \"retaining\" or \"reacquiring\" her Filipino citizenship she would be afforded the best of both worlds.  The US and the RP recognize the fact that many Filipinos have come to America, served this country well and then decided to return home, the essence of \"balikbayan\", and still be able to harvest the fruits of their labor in both countries.  By availing herself of RA 9225 she can reacquire her Filipino citizenship and keep her US citizenship.  The UK has a similar if not exact deal, as do many other countries.

She will still need to renew or reapply for a Filipino passport.  And if it\'s been a while and her Philippines passport is expired, she\'ll have to reacquire her citizenship, if you want to do it properly.

The reacquisition is only, what?  $50? $40? Less?  Painless and quick. 


As far as back taxes, are you referring to money she earned because she owned a business or operated a business out of the RP while living in the US?  Or are you talking about the RP taxing her for money she earned while working in the US?  If so, you don\'t need to worry about that.  She\'s been taxed in the US and that\'s the end of that.  The RP will have nothing to say about that money.
Title: Re: Retiring to the Philippines after 30 years
Post by: on March 30, 2012, 11:08:35 PM
Question: If a filipina obtains her U.S. citizenship, I understand that it is an automatic renouncement of Philippine citizenship. Now, what happens to the validity of that brand new Philippine passport she just obtained?  ??? I\'m afraid to think it becomes worthless  ??? ??? So, now she needs to apply for a U.S. passport and then proceed with RA9225 to re-acquire. Then will she even need a new Philippine passport  ??? ??? ???  :-\\
Title: Re: Retiring to the Philippines after 30 years
Post by: Gray Wolf on March 31, 2012, 02:42:46 AM
Question: If a filipina obtains her U.S. citizenship, I understand that it is an automatic renouncement of Philippine citizenship. Now, what happens to the validity of that brand new Philippine passport she just obtained?  ??? I\'m afraid to think it becomes worthless  ??? ??? So, now she needs to apply for a U.S. passport and then proceed with RA9225 to re-acquire. Then will she even need a new Philippine passport  ??? ??? ???  :-\\

The simple answer is she will retain both.  My wife Gloria is a naturalized US citizen and carries a US Passport when we travel, as our primary address is the US.  She also has a renewed Filipino passport with her married name, issued before she took the US oath. 

When we return to the Philipines to stay and make our new home there, she will reacquire her Filipino citizenship under her married name, renew her Filipino passport before it expires and retain both passports legally.  Should something drastic happen and it becomes necessary for either she or I to return to the US, she will have her US Passport to gain entry. 

Does the Philippine Passport become unnecessary?  Not the way I doing things.  I\'d maintain both.   Your mileage may vary...
Title: Re: Retiring to the Philippines after 30 years
Post by: on March 31, 2012, 05:36:03 AM
Question: If a filipina obtains her U.S. citizenship, I understand that it is an automatic renouncement of Philippine citizenship. Now, what happens to the validity of that brand new Philippine passport she just obtained?  ??? I\'m afraid to think it becomes worthless  ??? ??? So, now she needs to apply for a U.S. passport and then proceed with RA9225 to re-acquire. Then will she even need a new Philippine passport  ??? ??? ???  :-\\

The simple answer is she will retain both.  My wife Gloria is a naturalized US citizen and carries a US Passport when we travel, as our primary address is the US.  She also has a renewed Filipino passport with her married name, issued before she took the US oath. 

When we return to the Philipines to stay and make our new home there, she will reacquire her Filipino citizenship under her married name, renew her Filipino passport before it expires and retain both passports legally.  Should something drastic happen and it becomes necessary for either she or I to return to the US, she will have her US Passport to gain entry. 

Does the Philippine Passport become unnecessary?  Not the way I doing things.  I\'d maintain both.   Your mileage may vary...


Another horse before the cart question: Okay, so....she owns the land and the house we just built. She gains U.S. residency and renounces her RP citizenship. Now, could she not be placed in some legal quandary with land ownership as a non-citizen. If she technically renounces, does she forfeit her property ownership rights?  ??? She is wondering if it is even worth it to open this can of worms. Nothing seems easy.   ??? :-\\ :-[
Title: Re: Retiring to the Philippines after 30 years
Post by: RUFUS on March 31, 2012, 06:35:18 AM
Gaining US residency, she will not have to renounce her citizenship. Gaining US citizenship, she will.
After she gains US citizenship, just go to the nearest Philippine embassy/consulate and pay $50 & retake her oath.
She will now be a dual citizen and property in the Philippines will no longer be an issue.
Even if your wife does not reacquire her Philippine citizenship, she will still be able to own land under the former-Filipino statutes.

If you\'re curious about real estate laws in the Philippines take a look here...
http://www.islandsproperties.com/resources/realestatelaws.htm

Here\'s some more...
http://www.makaticondo.net/Former_Filipino_Buyers/page_1718771.html
Title: Re: Retiring to the Philippines after 30 years
Post by: Gray Wolf on April 02, 2012, 10:28:46 PM
My man, Rufus!  Always handy with the proper answers.  The check is in the mail.   :)