Author Topic: Dual citizenship and reclaiming filipino citizenship  (Read 24403 times)

Offline Ashers

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Dual citizenship and reclaiming filipino citizenship
« on: December 13, 2008, 11:28:21 PM »
Hi folks I\'m new to the forum,
My husband relinquished his filipino citizenship some 20 years or so ago and I was just wondering how easy, or difficult, it is to get back?  We are planning to move to the P.I as soon as we sell the house. However, we are deliberating whether to visit the Philippine Embassy in London to do this or simply wait until we are there in the Philippines itself?

On a similar note, we are keen for our daughters, 4 and 3, to have dual citizenship, British and Filipino.  Do any members have experiences of this?  Again we have been thinking about completing this process in either London or the Philippines.

Any hints, tips and advice will be warmly received.  Thanks

Ashers  ;D

Offline GregW

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #1 on: December 14, 2008, 11:33:07 AM »
Well, hello Ashers and welcome to our forum.  May I bid you a good day here from across the pond in the colonies?   :D

My wife reacquired hers last year at the Consulate in San Francisco, California.   Simple procedure.  Cost was $50 US so I would imagine the equivalent in GBP.  File the forms and then take a simple oath.  Quick and easy.  Your husband can also add your children on at the same time so that all three will be dual citizens.  Then you will also qualify for permanent residence in the Philippines on the 13a visa since you will be the spouse of a Pinoy citizen.  Get both in London.  That is the reacquistion of citizenship for your husband and children and also your 13a.  Much easier to do abroad then in the RP.

Good luck!   ;D

Ako si Goyo.   Amerikano akong lawas pero Bisaya akong kasing-kasing

Offline Art, just a re(tired) Fil-Am

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #2 on: February 22, 2013, 10:42:11 PM »
I just realized and confirmation from a retired Fil/Am friend/neighbor of ours, even though one was born in the Philippines, it doesn't mean one is eligible to reacquire one's Philippine citizenship due to certain circumstances.
One has to show proof of being a former citizen of the Philippines even though one was born here, for examples:
Went to school here, but still insufficient proof, because if one's birth was reported to the American Embassy by the U.S. citizen parent. it makes one a U.S. Citizen right off the bat! I assume that is what is meant by the latin term "Jus sanguinis"(right of blood), which sometimes doesn't relate to the law of nationality in the eyes of the host country and depending what current immigration laws are in effect! 
One had and used a Philippine passport upon leaving the Philippines for the first time, show proofs of having been a former Philippine Citizen.
Even though my friend went to school here until he was 17 yrs old, his father reported his birth to the American Embassy and he left the Philippines at age 17 using a U.S. passport, which makes him ineligible to reacquire his Philippine citizenship, which he never was upon his birth in the first place! Also plus the fact that his U.S. Citizenship Certificate has his date of birth on the certificate when he became a U.S. citizen!
Anyway, that's what I've read and heard as to the facts of reacquiring one's Dual Citizenship depending on one's circumstances!   
     
« Last Edit: February 22, 2013, 11:28:17 PM by Art2ro »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline Frosty

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #3 on: February 23, 2013, 12:00:49 AM »
Hi everyone
I have some questions also about dual citizenship. I know there are a few advantages to dual citizenship but has anyone found any disadvantages to it? Has anyone had problems traveling with two passports? Do both passports need to be shown when you travel? Has anyone had problems with paper work at the embassy's? Has anyone had a problem with ownership of property if you have dual citizenship? Do children that also have dual citizenship have any problems with going to school? Has anyone had any problems with pentions or maybe bank accounts or life insurance? Has anyone had any problems at all with dual citizenship?

Offline Art, just a re(tired) Fil-Am

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #4 on: February 23, 2013, 01:07:03 AM »
Speaking for my wife, which I helped do the paperwork for her, "NO" there are no disadvantages or immigration problems for her reacquiring her Philippine Citizenship! Plenty of advantages though, which anyone knows who have reacquired their Philippines Citizenship!
1) no more visa runs, can stay in the RP as long as one wants or go anywhere at any time as long both their passporst are still valid
2) can own more property, as much as they can afford
3) they can vote again in their local and national elections and or run for office themselves
4) own a fire arm
5) work and or own a business
So, don't worry about anything, Dual Citizens have the best of both worlds and not just stuck in one country!
Others can chime in and add to what Dual Citizen's advantages are from their own experiences!       
 
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline Gray Wolf

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #5 on: February 23, 2013, 01:15:32 AM »
Hi everyone
I have some questions also about dual citizenship. I know there are a few advantages to dual citizenship but has anyone found any disadvantages to it? Has anyone had problems traveling with two passports? Do both passports need to be shown when you travel? Has anyone had problems with paper work at the embassy's? Has anyone had a problem with ownership of property if you have dual citizenship? Do children that also have dual citizenship have any problems with going to school? Has anyone had any problems with pentions or maybe bank accounts or life insurance? Has anyone had any problems at all with dual citizenship?

You use only one passport when you travel, although my wife carries both for additional ID, just in case.  Only one passport gets the arrival stamp, etc.

There are no disadvantages at all, IMHO
Louisville, KY USA

Offline suzukig1

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #6 on: February 23, 2013, 09:56:37 AM »
Hi everyone
I have some questions also about dual citizenship. I know there are a few advantages to dual citizenship but has anyone found any disadvantages to it? ...

Income taxes if you are a resident Phl citizen and have income outside the Phl.  It's taxed in the Phl.

Resident Phl citizens get taxed in the Phl on world wide income.

Non-resident Phl citizens get taxed in the Phl only on income derived in the Phl.

Foreigners, resident or not, only get taxed in the Phl on income derived in the Phl.
« Last Edit: February 23, 2013, 09:58:17 AM by suzukig1 »

Offline Art, just a re(tired) Fil-Am

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #7 on: February 23, 2013, 10:06:19 AM »
Jack,
Which one of your wife's passport are you referring to? Both passports have to be presented to the Philippines Immigration official where he/she will annotate and stamp both passports accordingly upon entering and or leaving the Philippines, but when entering or departing the U.S., immigration officials seeing that your wife has a U.S. passport in her hand they may not even ask for her RP passport, because they maybe a little uninterested or care less with individuals with dual nationalities and with two passports! I personally observed their negative reaction when one hands a U.S. immigration official two passports at the same time! The policies that they have to follow in the RP may not be the same policies in the U.S.!
Some U.S. and RP Immigration Officials just have attitudes like nobody's business and some don't even know how to properly annotate the U.S. or RP passport for dual citizens!

http://immigration.gov.ph/index.php?option=com_content&task=view&id=239&Itemid=80

In the arrival, stay and departure of Filipinos with dual or multiple citizenship, where the Filipino presents a Philippine passport and a foreign passport, the arrival or departure stamp shall be stamped on both passports. In the foreign passport, the immigration officer shall put either of the following notations on the provision for the authorized stay in the arrival or departure stamp:

“PP”- if a Philippine passport is also presented or
“IC”- if an Identification Certificate is presented.   
(MEMORANDUM ORDER NO. AFFJr.  – 04 – 025 dated 14 December 2004).
-------------------------------------------------------------------------------------------------------

http://manila.usembassy.gov/service/dual-nationality.html

The United States does not favor dual nationality as a matter of policy, but does recognize it's existence in individual cases. The Supreme Court of the United States has stated that dual nationality is "a status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other," (Kawakita v. U.S., 343 U.S. 717, 1952). (The Embassy does not have Supreme Court cases on file; interested parties may wish to consult with local law school libraries.) These concepts apply also to persons who have more than two nationalities.
« Last Edit: April 22, 2013, 10:27:52 PM by Art2ro »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline Frosty

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #8 on: February 23, 2013, 12:45:20 PM »
thanks for the information everyone.

suzukig1 do you have any more information on world wide income for resident phl citizen or know where I can look it up.

Art2ro I will not say anything about #5 to my wife. If I told her she could go back to work after she gets her dual citizenship and retire to the PI. I will be in trouble.

Offline Art, just a re(tired) Fil-Am

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #9 on: February 23, 2013, 02:00:33 PM »
The are just a few disadvantages of reacquiring Philippine Citizenship!
1) one is under the laws and jurisdiction of the Philippine Government, if one is ever incarcerated, the American Embassy can not help you!
2) silly, but maybe true, if a war broke out in the Philippines, foreigners are the first to be evacuated and since one is a Filipino citizen, you maybe at the bottom of the totem pole, just like what happened during the fall of Saigon on Apr 30, 1975 where Americans had priority getting on the last helicopter to safety!
What else? Anyone!

http://www.gurfinkel.com/imm_updates2.htm
On the other side of the coin, just a little about acquiring U.S. Citizenship! So you can see, there are many advantages in obtaining U.S. citizenship. However, in some cases there could also be a number of issues or problems if a person applies for U.S. citizenship. For example, if a person obtained his green card illegally (i.e. he obtained a green card as "single", but was really married), then applying for U.S. citizenship could result in the person's fraud being discovered. In that case, they would not only be denied citizenship, but could also possibly be placed in removal/deportation. Similarly, if an immigrant has a criminal record, applying for naturalization could create complications or possible removal/deportation. Moreover, if a male between the age of 18 and 26 failed to register for Selective Service, he may not be eligible for U.S. citizenship until he reaches the age of 31 (Therefore, it is very important for males to register for Selective Service.) In addition, if a person has an "aged-out" child, who qualify for benefits under Section 3 of Child Status Protection Act (CSPA), that parent may not want to naturalize, as it may affect the child's age out benefits.
That is why it is important that if a person is thinking about pursuing citizenship, they may want to first seek the advice of a reputable attorney, to make sure it is "safe" to do so, and that the person is truly eligible for citizenship.
« Last Edit: February 23, 2013, 10:25:46 PM by Art2ro »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline suzukig1

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #10 on: February 26, 2013, 11:58:23 AM »

...do you have any more information on world wide income for resident phl citizen or know where I can look it up...



http://www.bir.gov.ph/taxinfo/tax_income.htm

Who Are Required To File Income Tax Returns

Individuals

Resident citizens receiving income from sources within or outside the Philippines

Non-resident citizens receiving income from sources within the Philippines

Aliens, whether resident or not, receiving income from sources within the Philippines

Offline Gray Wolf

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #11 on: February 26, 2013, 10:31:01 PM »
Jack,
Which one of your wife's passport are you referring to?

Gloria handed over only one passport, her US passport, which received the BB stamp.  No one ever asked for her Philippines passport, although she did carry it with her, just in case.
Louisville, KY USA

Offline Art, just a re(tired) Fil-Am

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #12 on: February 26, 2013, 10:41:36 PM »
Jack,
Which one of your wife's passport are you referring to?


Gloria handed over only one passport, her US passport, which received the BB stamp.  No one ever asked for her Philippines passport, although she did carry it with her, just in case.
So, if they don't ask, don't tell! Did you read the memorandum? They must have it for a reason, maybe to show proof of Philippine Citizenship and live under their laws and be under their jurisdiction?

http://www.philembassyberne.ch/files/Dual_Multiple.pdf
« Last Edit: February 26, 2013, 10:49:04 PM by Art2ro »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline Gray Wolf

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #13 on: February 26, 2013, 10:48:06 PM »
Jack,
Which one of your wife's passport are you referring to?


Gloria handed over only one passport, her US passport, which received the BB stamp.  No one ever asked for her Philippines passport, although she did carry it with her, just in case.
So, if they don't ask, don't tell! Did you read the memorandum? They must have it for a reason.

http://www.philembassyberne.ch/files/Dual_Multiple.pdf


I didn't get the memo.   ;D

We've been doing it this way since she got her US citizenship.  She always carries her Philippines passport.  It's just that no one has ever asked for it.
I've never seen a rule that says both passports get stamped.
Louisville, KY USA

Offline Art, just a re(tired) Fil-Am

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Re: Dual citizenship and reclaiming filipino citizenship
« Reply #14 on: February 26, 2013, 10:55:48 PM »
The memo as you refer to it, came with the Identification Certificate aka "IC" letter giving instructions who and how the U.S. and RP passports are to be annotated and stamped by immigration officials when a dual citizen arrives or departs the Philippines, but not so much in the U.S., because it seems they are impartial & uninterested towards dual citizens in general! IMHO I believe most Americans take offense to foreigners having their oath of allegiance to two countries, because it conflicts in a time of war (friend or foe)!
BTW, you mentioned that she got the BB Stamped in her U.S. passport upon arrival, which is only good for a year! She's now a "dual citizen" and her U.S. & RP passport should have been annotated with the two letters "PP", dated and stamped, which is an indefinite stay in the Philippines if she wishes! Only thing is, I don't know if that will affect your Balikbayan status as her foreign spouse, but I'm sure she still qualifys as a Balkibayan returning Filipino citizen, which would still make her your sponsor!   

http://immigration.gov.ph/index.php?option=com_content&task=view&id=239&Itemid=80

In the arrival, stay and departure of Filipinos with dual or multiple citizenship, where the Filipino presents a Philippine passport and a foreign passport, the arrival or departure stamp shall be stamped on both passports. In the foreign passport, the immigration officer shall put either of the following notations on the provision for the authorized stay in the arrival or departure stamp:

“PP”- if a Philippine passport is also presented or
“IC”- if an Identification Certificate is presented.   
(MEMORANDUM ORDER NO. AFFJr.  – 04 – 025 dated 14 December 2004).

     
« Last Edit: February 26, 2013, 11:55:24 PM by Art2ro »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

 


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