Author Topic: Dual Citizenship  (Read 9072 times)

Offline arlie

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Dual Citizenship
« on: January 18, 2008, 07:29:03 AM »
Let me plum the depth of your knowledge here.  My wife was born and reared in the Philippines and so was a citizen by birth.  After coming to the US and marrying me [dont blame her she couldnt help her self] she became a US citizen.  When they do that of course they swear off any allegiance to the Philippines.  The question is, is there any record of her doing that in the Philippine government files or as far as they know is she still a citizen of the Philippines without applying for a Re-acquisition of citizenship.  Her brother has kept up her social sec. payments so he can draw the benefits, such as they are, when she reaches retirement age.  Which will be some time yet,just in case she reads this..

 ;) ;)

Arlie

Offline GregW

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Re: Dual Citizenship
« Reply #1 on: January 18, 2008, 11:15:52 AM »
Arlie, it\'s much better to have her reacquire her citizenship from the Consulate serving your area.  It\'s a really simple process.  My wife did it last year.  Cost is only $50.  If you don\'t reacquire there may be some problems when she tries to renew her Philippine passport.  For a listing of the RP Consulates in the US click the link below.

http://www.philippineembassy-usa.org/Consulates.htm
Ako si Goyo.   Amerikano akong lawas pero Bisaya akong kasing-kasing

Offline arlie

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Re: Dual Citizenship
« Reply #2 on: January 18, 2008, 01:21:23 PM »
Greg W.
Only problem with that is the closest consulate is a long days drive a way from where we live. One way that is.  Not insurmountable but a real pain in the neck none the less.  She does not plan to get a Philippine pass port.  I am only concerned about the amount of property a former citizen is allowed to own. Thanks for your reply by the way.

Arlie:   :)

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Re: Dual Citizenship
« Reply #3 on: January 18, 2008, 04:06:36 PM »
Only problem with that is the closest consulate is a long days drive a way from where we live. One way that is.  Not insurmountable but a real pain in the neck none the less.  She does not plan to get a Philippine pass port.  I am only concerned about the amount of property a former citizen is allowed to own.

If property acquisition is your only concern, that is even more reason to reacquire citizenship.  It\'s a simple process; taking an oath and paying $50.  It simplifies returning to the RP (no visas) and allows for unlimited property acquisition (as may be allowed to any Philippine citizen).  If going to a Consulate is inconvenient, most Consulates send representatives to outlaying Filipino communities just for the purpose of reacquisition of citizenships. 

Offline oldmalthouse

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Re: Dual Citizenship
« Reply #4 on: January 18, 2008, 05:50:19 PM »
I am only concerned about the amount of property a former citizen is allowed to own.

If property acquisition is your only concern, that is even more reason to reacquire citizenship.  . 

Just how does the re-acquisition of Philippine mnationality affect property ownership?

My wife bought her land well before she took out British nationality It consists of one 4.4 ha agriculture plot, and just over 1000 sq m by the national road. We are now negotiating to purchase an access road to link the 4.4 ha to the barangay road, will this be allowed?
Should we put the access road in the names of our 2 children?
(our children share a 3.3 ha plot of agriculture land, but they have daul nationality by right of birth, and so can retain both nationalities as they did not need to swear any oath of aligence)
If my wife declares that she took out British nationality and re-acquires her Philippine nationality, will that affect her rights to the land which she bought before she became British?

thanks in advance

Martin

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Re: Dual Citizenship
« Reply #5 on: January 18, 2008, 11:55:58 PM »
I am only concerned about the amount of property a former citizen is allowed to own.

If property acquisition is your only concern, that is even more reason to reacquire citizenship.  . 

Just how does the re-acquisition of Philippine mnationality affect property ownership?

Filipino citizens who\'ve obtained foreign citizenships are considered \"Former Filipino\".  A special provision allows former Filipinos to acquire up to one hectare of rural land or 1,000m2 or urban land for the purposes of establishing residency.  Prior owned land is not affected, but is counted in the equation.  When RA 9225 became active this special provision for former Filipinos became academic, though it is still in effect. 

While former Filipinos have been purchasing properties as though they had never lost their citizenship, the hammer remained over their heads if someone were to make the authorities aware.  RA 9225 has the effect of nullifying this situation, making property ownership legal for all natural born Filipinos equally.  There was some mistrust and suspicion in the beginning, that the act would somehow increase a Filipino\'s exposure to new taxes or in some way take advantage of him.  This has not come to pass and at this point there seems little reason for a former Filipino not to consider reacquisition of citizenship. 

Offline oldmalthouse

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Re: Dual Citizenship
« Reply #6 on: January 20, 2008, 06:11:32 PM »
Thanks Ron for the reply

We will stick to the rules and my wife will inform the Consulate about her UK citizenshio and re-apply for her Philippine nationality.

cheers

Martin

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Re: Dual Citizenship
« Reply #7 on: January 20, 2008, 08:26:56 PM »
Thanks Ron for the reply

We will stick to the rules and my wife will inform the Consulate about her UK citizenshio and re-apply for her Philippine nationality.

cheers

Martin

I don\'t see any need to inform the Consulate, but if you plan to regain Philippine citizenship while you are still in the UK then you will need to go to the Embassy in London. If that is inconvenient then wait until you come to the Philippines, this is what my wife did. It is very straight forward, just the usual filling in of lots of bits of paper that Filipinos are fond of. Don\'t worry about the land ownership, the fact that your wife is legal entitled to regain her Philippine Citizenship will cover the situation. I would also recommend that she does renew her Philippine Passport as a good form of local ID. If you were married in the UK then this will overcome the middle name problem.

Colin

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Re: Dual Citizenship
« Reply #8 on: January 21, 2008, 05:43:26 AM »

I don\'t see any need to inform the Consulate, but if you plan to regain Philippine citizenship while you are still in the UK then you will need to go to the Embassy in London. If that is inconvenient then wait until you come to the Philippines, this is what my wife did. It is very straight forward, just the usual filling in of lots of bits of paper that Filipinos are fond of. Don\'t worry about the land ownership, the fact that your wife is legal entitled to regain her Philippine Citizenship will cover the situation. I would also recommend that she does renew her Philippine Passport as a good form of local ID. If you were married in the UK then this will overcome the middle name problem.

Colin

You\'re probably right, that there wouldn\'t be a need to inform a Philippine Consulate if reacquisition of citizenship is done in the Philippines.  However, in Philippine Consulates in the US, the process is simple and quick; 2 minute oath and $50.  Application for a new passport takes longer.  The Philippine Consulate in SF makes yearly sojourns to outlaying locations.  Upon their last visit to Seattle, 350 Filipinos reacquired their citizenships in 4 hours.  We\'ve been told that though the process in the RP is easy, it\'s even easier at one of their Consulates. 

Offline lwood

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Re: Dual Citizenship
« Reply #9 on: February 09, 2008, 06:46:53 AM »
I agree that it is much easier to do it in the consulate, SF consulate is very accommodating and helpful.  Unlike most of the government offices here in the Philippines.  The one thing I haven\'t heard anybody say is that you will need a original NSO birth certificate in order to reclaim her citizenship.  Most Filipinos older than 50 years old don\'t have one of these.  My wife\'s birth certificate was issued by the local province and had to be converted to an NSO certificate.  This must be done by someone in the Philippines!!!  The provincial birth certificate original has to be taken to the local provincial NSO office and apply for an NSO certificate.  This takes 10 working days so they can research her birth certificate.  After the 10 day waiting period, the person in the Philippines can pick up the NSO certificate.  It does not have to be done your wife that does it in the Philippines, anybody can do it for her.  We experienced this and it was a little bit of a surprise, especially when you show up at the consulate expecting to get your citizenship.   

Once you have the NSO certificate it\'s a very easy process and well worth it.  Your wife will have all the rights and privileges of a Filipino citizen and that goes much further than just buying property. 

By the way, a hectare is 10,000m2 not 1,000m2 and an individual can only own up to 3 hectares (land reform).  However, a Filipino corporation can own up to 5 hectares and the corporation can be 40% foreign owned, fyi.

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Re: Dual Citizenship
« Reply #10 on: February 09, 2008, 09:15:18 AM »
...The one thing I haven\'t heard anybody say is that you will need a original NSO birth certificate in order to reclaim her citizenship...

By the way, a hectare is 10,000m2 not 1,000m2 and an individual can only own up to 3 hectares (land reform).  However, a Filipino corporation can own up to 5 hectares and the corporation can be 40% foreign owned, fyi.

Possibly the reason you\'ve heard nobody say that an \"original NSO birth certificate\" is needed is because it isn\'t.  Any evidence of former citizenship will do; old passport, municipal birth registration, certificate of live birth, school records, baptismal certificate, etc.  You may be thinking of the current DFA requirement for a NSO issued birth certificate on security paper which is required to apply for a passport...

ACQUISITION BY FORMER NATURAL BORN FILIPINO CITIZEN

1.  Mode of acquision is not limited to voluntary deeds (such as sale or donation) but includes involuntary deeds (such as tax sale, foreclosure sale, or execution sale).

2.  Maximum area that may be allowed is as follows:
  a..  For residential purpose  -  1,000 square meters of urban land or one (1) hectare of rural land (BP 185)
  b.. For business or other purpose - 5,000 square meters  of urban land or three hectares of rural land.

  \"Business or other purpose\" refers to the use of the land primarily, directly and actually in the conduct of business or commercial activities in the broad areas of agriculture, industry and services, including the lease of land, but excluding the buying or selling thereof.\"

3.  In case of married couple, one or both of them may avail of the privilege, provided that the total acquisition shall not exceed the maximum area allowed.

4. A transferee of residential land under BP 185 may still avail of the privilege granted under RA 8179.

5.  A transferee who already owns urban or rural land for residential purpose, may acquire additional urban or rural land for residential purpose which, when added to that already owned by him shall not exceed the maximum area allowed by law.

The same priviledge applies to a transferee who already owns urban or rural land for business purposes.

6.  A transferee may not acquire more than two urban or two rural lands which should be located in different cities or municipalities.

7.  A transferee who has already acquired urban land for residential purpose shall be disqualified to acquire rural land for residential purpose and vice versa. The same rule applies to a transferee of land for business purpose.

Offline oldmalthouse

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Re: Dual Citizenship
« Reply #11 on: February 12, 2008, 06:55:12 AM »
Ron
Now I am really confused!

Your post
...The one thing I haven\'t heard anybody say is that you will need a original NSO birth certificate in order to reclaim her citizenship...

By the way, a hectare is 10,000m2 not 1,000m2 and an individual can only own up to 3 hectares (land reform).  However, a Filipino corporation can own up to 5 hectares and the corporation can be 40% foreign owned, fyi.


Possibly the reason you\'ve heard nobody say that an \"original NSO birth certificate\" is needed is because it isn\'t.  Any evidence of former citizenship will do; old passport, municipal birth registration, certificate of live birth, school records, baptismal certificate, etc.  You may be thinking of the current DFA requirement for a NSO issued birth certificate on security paper which is required to apply for a passport...

ACQUISITION BY FORMER NATURAL BORN FILIPINO CITIZEN

1.  Mode of acquision is not limited to voluntary deeds (such as sale or donation) but includes involuntary deeds (such as tax sale, foreclosure sale, or execution sale).

2.  Maximum area that may be allowed is as follows:
  a..  For residential purpose  -  1,000 square meters of urban land or one (1) hectare of rural land (BP 185)
  b.. For business or other purpose - 5,000 square meters  of urban land or three hectares of rural land.

  \"Business or other purpose\" refers to the use of the land primarily, directly and actually in the conduct of business or commercial activities in the broad areas of agriculture, industry and services, including the lease of land, but excluding the buying or selling thereof.\"

3.  In case of married couple, one or both of them may avail of the privilege, provided that the total acquisition shall not exceed the maximum area allowed.

4. A transferee of residential land under BP 185 may still avail of the privilege granted under RA 8179.

5.  A transferee who already owns urban or rural land for residential purpose, may acquire additional urban or rural land for residential purpose which, when added to that already owned by him shall not exceed the maximum area allowed by law.

The same priviledge applies to a transferee who already owns urban or rural land for business purposes.

6.  A transferee may not acquire more than two urban or two rural lands which should be located in different cities or municipalities.

7.  A transferee who has already acquired urban land for residential purpose shall be disqualified to acquire rural land for residential purpose and vice versa. The same rule applies to a transferee of land for business purpose.



Graywolf in his post \"Link to Philippine government website for RA 9225 \"
gives a link to the official \'Website of the Republic of the Philipines\'

 \"Here are some links to official Philippine government websites where everyone can read and learn about RA 9225 and it\'s impact on citizenship retention and reacquisition for Filipinos who have gained citizenship abroad.

http://www.gov.ph/faqs/dualcitizenship.asp \"

this states:
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. \"

So how much rural land can a Pilippine citizen own, is it unlimited or 3 ha?


Is there 2 different laws that contradict one another?
Does RA 9225 supercede BP 185 and RA 8179?

Could some one please educate me!

cheers

Martin

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Re: Dual Citizenship
« Reply #12 on: February 12, 2008, 08:14:53 AM »
Ron
Now I am really confused!
:
Is there 2 different laws that contradict one another?
Does RA 9225 supercede BP 185 and RA 8179?

Could some one please educate me!

cheers

Martin

RA 9225 is a diffrent kettle of fish.  Prior to the passage of RA9225, a Filipino who became a Naturalized Citizen of a foreign country automatically lost his Filipino citizenship.  He became a \"Former Filipino\".  To encourage Former Filipinos to come home to visit or retire certain privileges were afforded him.  Among them were BP185 and RA8179 allowing him to acquire limited amounts of property. 

Enter RA9225, an act allowing Former Filipinos to reacquire their Filipino citizenships.  When exercised, a Former Filipino becomes a full fledged Philippine citizen with all the rights a privileges allowed.  The limitations imposed by BP185 and RA8179 no longer apply to him.  They are still in effect however, if a Former Filipino chooses not to reacquire their citizenship.

Offline lwood

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Re: Dual Citizenship
« Reply #13 on: February 13, 2008, 07:14:22 AM »
I don\'t know about any other consulate but at the San Francisco consulate an original NSO certificate is required.  My wife went through the process and they would not do anything without the NSO certificate.

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Re: Dual Citizenship
« Reply #14 on: February 13, 2008, 07:44:46 AM »
I don\'t know about any other consulate but at the San Francisco consulate an original NSO certificate is required.  My wife went through the process and they would not do anything without the NSO certificate.


A NSO brith certificate is easily obtained, even overseas. See my post:

http://livinginthephilippines.com/forum/index.php?topic=226.0

If your wife doesn\'t have a birth cert, than that is much more involved.

 


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