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9:17 am
February 16, 2010


Admin Dale

Admin

posts 13

 

I started this topic for SailorJohn, whose Filipina wife has dual citizenship. All posts dated prior to this post have been moved from the Permanent Resident Visa topic on Samar.Expat2Phils.com. Thanks John, for the information.

8:46 am
February 10, 2010


Admin Dale

Admin

posts 13

sailorjohn said:
Dale

I see your point.

If I get this card, I think I will do the trip to manila then. I would rather be sure that it is done right without any further problems.

Just wondering, now my Asawa is an American citizen with a US Passport. What does she have to do in regards to any special card she might need

My son's laptop with all my information went titi up. So, lost everything.


John,

Your wife should get dual citizenship. Filipino's who become naturalized citizens of other countries can now get dual citizenship. So even though she lost her Filipino citizenship, when she became a US Citizen, she can get it back, without loosing her US citizenship. A search in Google would probably give information on how to do that. If you get more info, maybe we can start a topic on that here, since it relates to spouses of expat's.

3:07 pm
February 15, 2010


sailorjohn

Member

posts 7

That is correct. Asawa is now a duel citizen. Not really sure what she needs to do, but will do some research. Once I get this information, I will post it on here.

3:26 pm
February 15, 2010


sailorjohn

Member

posts 7

Dale

I could not figure out how to start a new area for this information. If you can move and start one?

I found this information from the Philippines Consulate site in San Francisco.

I am now a dual citizen … how can I obtain a Philippine passport?

Dual citizens who opt to apply for a new Philippine passport should present the original and submit a copy of the following:

Personal appearance, except for minors 8 years old and below and senior citizens 65 years old and above

Submit duly accomplished passport application form.

Two (2) identical photos taken within the last six months of size 4.5 cm by 3.5 cm on a Royal Blue background.

Complete details on photo requirements for the MRP may be viewed at http://www.dfa.gov.ph/consular…..ELINES.pdf.

Philippine passport or NSO certified birth certificate
Oath of Allegiance

For minor children, Report of Birth and Order of Approval of Filipino parent indicating child’s name as derivative
USPS Express Mail Postage Stamps

The fee for the passport is $50.00.

3:33 pm
February 15, 2010


sailorjohn

Member

posts 7

Dual Citizenship Law

Part of the growing package of consular services administered by Foreign Service posts is the implementation of the Philippine Citizenship Reacquisition and Retention Act of 2003, otherwise knows as the Dual Citizenship Law. From 17 September 2003 (the day the law took effect) to the close of the year, a total of 1,242 applications were processed and approved by the Consulate.

CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003 (R.A. 92250

REQUIREMENTS AND PROCEDURES IN ACCORDANCE WITH
M.C. NO. AFF. 05-002 ISSUED BY THE PHILIPPINE BUREAU OF IMMIGRATION

Who are qualified to reacquire Philippine citizenship under RA 9225?

“..Natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired Philippine citizenship upon taking the oath of allegiance to the Republic.” (Section
3, RA 9225)

INSTRUCTIONS TO THE APPLICANT:

1. Completely fill out and submit the application form entitled “Petition for Dual Citizenship and
Issuance of Identification Certificate (IC)” (form provided at the Consulate, or may be downloaded from its website, http://www.philippineconsulate-sf.org.

2. Present the original copy and submit a photocopy of any the following:
a) Philippine Birth Certificate;
b) Old Philippine Passport;
c) Marriage Contract indicating the Philippine citizenship of the applicant;
d) Voter’s affidavit or voter’s identification card; or
e) Such other documents that would show that the applicant is a former natural born
citizen of the Philippines as may be acceptable to the evaluating officer.

3. Present the original copy and submit a photocopy of your Certificate of Naturalization.

4. In case such Certificate of Naturalization is unavailable, execute an affidavit (form provided)
explaining how foreign citizenship was acquired, and why said Certificate cannot be presented. This affidavit has to be notarized.

5. If your name appearing in the birth certificate or other document mentioned in #2 is different from that indicated in your Certificate of Naturalization, foreign passport and other documents:
a) execute an affidavit (form provided) explaining such difference and b) present original copies of at least two (2) public or private documents showing the correct name of
the applicant (photocopies of which to be submitted).

6. For each of your minor unmarried children below eighteen (18) years of age, present the
original copy and submit a photocopy of the following:
a) The child’s birth certificate; and
b) The child’s foreign passport

7. Attach to the application form two (2) recent and identical 2” x 2” photographs showing the
front view. The beneficiary children are not required to submit photographs.

8. If you are a Bureau of Immigration (BI)-registered alien, submit the original ACR and
ICR/CRTV, or in its absence, an affidavit explaining the loss of said documents.

9. If the application is found to be in order, pay a processing fee of US$50.00 for the principal
application and $25.00 for each child-beneficiary. The payment may be in cash, bank draft or
money order payable to the Philippine Consulate General.

10. After payment, be sure to sign the Oath of Allegiance and Identification Certificate (IC)
prepared by the Consulate and receive a notice of the date and time for taking the Oath of
Allegiance before a Consular Officer. Also, affix thumbprints in the spaces provided in the IC.

11. After the oath-taking, receive the original copy of your notarized Oath of Allegiance, Order of
Approval and (IC) issued by the Consulate.

12. All approved/completed applications and supporting documents, including oath of allegiance,
order of approval, ACR and ICR/CRTV, if any, are forwarded to the BI in Manila

3:38 pm
February 15, 2010


sailorjohn

Member

posts 7

A few questions that might come up with deciding for duel citizenship.

Does one who re-acquires Philippine citizenship need to reside in the Philippines?

No, residency in the Philippines is not a requirement for those who re-acquire Philippine citizenship.

What privileges and entitlements does one gain from re-acquiring Filipino citizenship?

Filipinos who re-acquire Philippine citizenship may once again enjoy full civil, economic and political rights under existing laws of the Philippines. Among these are the rights to:

Exercise the right of suffrage. (Art V, Sec. 1, Phil. Constitution)

Acquire and own private lands with no size limitations, as well as condominium units.

Run for public office, provided that at the time of filing of his/her certificate of candidacy, the person shall make a personal and sworn renunciation of foreign citizenship, and meet the residency requirement for holding elective position.

Be appointed to a public office, provided that the person renounces his allegiance to other country.

Practice a profession, provided that he is licensed or permitted by the appropriate Philippine authority to engage in such practice.

Own or invest in businesses which are not generally open to foreigners, including, among others:

Public utilities

Exploration, development and utilization of natural resources

Educational institutions

Mass media

Contracts for the construction and repair of locally-funded public works

Cooperatives

Private recruitment

Advertising

Retail Trade

Be issued Philippine passport and enjoy visa-free entry and stay in the Philippines for an unlimited period.

What are the duties and obligations of Filipinos who re-acquire Philippine citizenship?

A person who re-acquires Filipino citizenship has, among others, the following duties and obligations:

To pay taxes on income earned in the Philippines.

“Support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines…,recognize and accept the supreme authority of the Philippines and maintain true faith and allegiance.“. (Oath of Allegiance, RA 9225)

3:49 pm
February 15, 2010


sailorjohn

Member

posts 7

More questions with answers.

What are the requirements and procedures in applying for re-acquisition of one’s Filipino citizenship?

In accordance with Memorandum Circular No. AFF-04-01 issued by the Philippine Bureau of Immigration, the following are the procedures and requirements:

The applicant accomplishes the application form entitled “Petition for Dual Citizenship and Issuance of Identification Certificate (IC)” pursuant to RA
9225.

The applicant submits the following documents, the original copies of which shall be presented:

2a.A photocopy of at least one of the following documents:

Philippine Birth Certificate

Old Philippine Passport;

Marriage Contract indicating the Philippine citizenship of the applicant;

Voter's affidavit or voter's identification card; or

Such other documents that would show that the applicant is a former natural born citizen of the Philippines as may be acceptable to the evaluating officer.

2b. In addition to the above, a photocopy of Certificate of Naturalization or in the absence of the same, an affidavit explaining the circumstances by which the foreign citizenship was acquired.

If the name of the applicant in the birth certificate or other documents submitted is different from that in his foreign passport and other documents, the applicant shall execute an affidavit explaining such difference and attach, as supporting documents, at least two (2) public or private documents showing the correct name of the applicant, the original copy of which shall be presented.

For each of the applicant's minor children who is below eighteen (18) years of age, each beneficiary shall submit photocopies of the following documents, the original copies of which shall be presented:

Birth certificate; and Foreign passport

The applicant attaches to the application two (2) recent 2″ x 2″ photographs showing the front view. The beneficiary children are not required to submit photographs.

If the applicant is a Bureau of Immigration (BI) registered alien, he shall surrender the original ACR and ICR/CRTV, or in its absence, an affidavit explaining the loss of said documents for transmittal to the BI.

The applicant pays a processing fee of US$50.00 for himself and $25.00 for each beneficiary. The payment shall be in cash, bank draft or money order payable to the Philippine Consulate General.

After payment, the Consulate will process the applicant's application. The applicant is required to sign the Oath of Allegiance prepared by the Consulate and he will receive a notice of the date and time for taking the Oath of Allegiance before a Consular Officer.

After the applicant takes his oath, he will receive the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Consulate, and the corresponding Identification Certificate, if available.

The Consulate forwards to the BI in Manila the petition and supporting documents, including oath of allegiance, order of approval, ACR and ICR/CRTV (if any).

What is the use of the Identification Certificate as prescribed under Memorandum Circular (MC) AFF-05-002?

The Bureau of Immigration has clarified that the Identification Certificate (IC) only serves as a substitute to a Philippine passport in case a dual citizen is carrying a foreign passport when returning to the Philippines. In effect, it is advisable for those who have acquired dual citizenship to use both their Philippine and foreign passports when returning to the Philippines.

What documents should a person possess to prove his Philippine citizenship before a Philippine immigration officer?

Pursuant to paragraph (A) of Memorandum Order (MO)No. AFF-04-025 dated 14 Dec. 2004 issued by the Philippine Bureau of Immigration (BI), the following shall be considered as substantial proof of Philippine citizenship:

Genuine and valid Philippine passport; and/ or

Original Identification Certificate issued by the Philippine Bureau of Immigration, if applicable.

What is the use of the Identification Certificate?

The Identification Certificate (IC) may serve as alternative proof of Philippine citizenship in case a dual citizen is unable to present his/her Philippine passport when returning to the Philippines. Since issuance ICs usually takes time, it is advisable for those who have acquired dual citizenship to apply for Philippine passports.

What documents shall be presented by a dual or multiple citizen upon arrival in the Philippines?

Filipinos with dual or multiple citizenships are advised to present both their Philippine and foreign passports. Arrival details shall be stamped on both.

In case only a foreign passport is presented, the traveler may still be admitted into the Philippines for an indefinite period of stay, provided he presents a valid Identification Certificate.

On the foreign passport, the immigration officer shall stamp either of the following, whichever is applicable:

“PP” – if a Philippine passport is also presented, or
“IC” – if an Identification Certificate is presented.

What documents shall be presented by a dual or multiple citizen upon departure from the Philippines?

Again, Filipinos with dual or multiple citizenships are advised to present both their Philippine and foreign passports in order to avoid paying the Emigration Certificate Clearance (ECC) fee. This is also to ensure that all arrival and departure records are reflected completely on both passports. Those who had presented only a foreign passport at the time of their admission into the Philippines may be cleared for departure without need of surrendering a certificate, permit or proof of payment of imposable immigration fees, provided they present, at the time of departure, a genuine and valid Philippine passport or an Identification Certificate.

On the foreign passport, the immigration officer shall stamp either of the following, whichever is applicable:

“PP” – if a Philippine passport is also presented, or
“IC” – if an Identification Certificate is presented.

If the traveler fails to present both his Philippine passport or Identification Certificate, at both arrival and departure, he shall be assessed an Emigration Certificate of Clearance (ECC) fee of P710.00 for using a foreign passport upon departure.

3:53 pm
February 15, 2010


sailorjohn

Member

posts 7

Will taking the Oath endanger their U.S. citizenship?

No. According to a study prepared by the National Federation of Filipino American Associations (NAFFAA), a person will not lose his/her U.S. citizenship by merely pledging allegiance to another county. Such act can result in loss of U.S. citizenship only if done with an intention to relinquish U.S. citizenship. Since applicants for dual citizenship under this law generally do so with every intention to keep their U.S. citizenship and enjoy the benefits of citizenship in both countries, they are in no way intending to relinquish their U.S. citizenship.

Moreover, NAFFAA assures that American citizenship is not easily lost and is protected under the 14th Amendment of the U.S. Constitution, which states that “all persons born or naturalized in the U.S. are citizens of the U.S. and of the state wherein they reside. No state shall.. deprive any person of life, liberty or property without due process of law.”

U.S. government sources recognize that “dual nationality” or “dual citizenship” can and does occur as a matter of fact, when the laws of the U.S. and another country simultaneously recognize an individual as their citizen.

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