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Dual Citizenship

Frequently Asked Questions

 

 

 

 

 

 

 

 

 

What is RA 9225?

Republic Act No. 9225 otherwise known as the “Citizenship Retention and Reacquisition Act of 2003” declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship.

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Who are eligible for dual citizenship?

Natural-born citizens of the Philippines who acquired foreign citizenship by naturalization.

RA 9225 does not apply to dual citizens by birth, i.e., a child born in the United States when either parent was still a Filipino citizen at the time.  If the birth was reported to the Philippine Embassy of Consulate, the child is considered to be a dual citizen from birth.

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Who are natural born citizens of the Philippines?

Natural born citizens of the Philippines are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship

 Examples:

·         Those whose fathers and/or mothers are citizens of the Philippines at the time of their birth; and

·         Those born before 17 January 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority

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How does one prove that he or she is 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 outside of the Philippines, 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.

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How can I order for an NSO-authenticated copy of my birth certificate if I am overseas?

You may order your NSO-authenticated copy of your birth certificate via the Philippine eCensus website at https://www.ecensus.com.ph/

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What are the requirements for dual citizenship?

 1.       Accomplish the Petition for Dual Citizenship form. Attach two (2) 2” X 2” colored photographs with white background.  Submit the original and two (2) photocopies of the accomplished form.

 2.       Submit three (3) photocopies of the following:

a.      NSO-authenticated Philippine Birth Certificate;

b.      For married woman, copy of Marriage Certificate;

c.      For widow, copy of Death Certificate of spouse;

d.      For annulled or divorced, copy of annulment decree or judgment of dissolution of marriage;

e.      Such other documents that would show that the applicant is a former natural-born citizen of the Philippines; and

f.        Certificate of US Naturalization.  In the absence of a Certificate of US Naturalization, applicant may submit an affidavit explaining the circumstances by which the US citizenship was acquired. A copy of the US passport should be included.

 

(Original copies of the above documents are required to be presented during the interview)

      3.       Additional requirements for applicants with child beneficiary.  

For a child who is below eighteen (18) years of age (legitimate, illegitimate or adopted), Two (2) 2” X 2” colored photographs with white background, and three (3) copies of the following:

a.      Birth Certificate;

                                                               i.      For those born in the Philippines, an NSO-authenticated copy of the birth certificate

                                                             ii.      For those born overseas, a 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

b.      Foreign passport;

c.      Adoption Decree duly authenticated by the Philippine Consulate General, if applicable;

d.      Certificate of Naturalization, if name of the beneficiary is not included in the Certificate of Naturalization of the parents; and

e.      For qualified beneficiary/ries born in the U.S., download the Report of Birth from our website http://www.chicagopcg.com

4.       In case the name of the applicant in his/her birth certificate is different from that in his/her foreign passport and other documents, the applicant shall execute an affidavit explaining such difference and present as supporting documents, two (2) public or private documents showing the correct name of the applicant. 

5.       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.  

6.       Processing fee is US$50.00. In addition, US$25.00 for every qualified beneficiary.  (Payment shall be in the form of cash, bank draft or money order payable to the Philippine Consulate General, Chicago. Fees are non-refundable).

 Upon submission of the complete requirements by mail, the Consulate in consultation with the applicant will set a date and time for the Oath Taking before a Consular Officer at the Consulate General.  Prior to taking the oath, the applicant will be required to sign the Oath of Allegiance prepared by the Consulate General.  The applicant will receive the original copy of the notarized oath of allegiance, together with the Order of Approval, Petition for Reacquisition of Philippine Citizenship and Identification Certificate issued by the Consulate General, after the oath has been administered.

 Note: The Philippine Consulate General assumes no responsibility for any delay or loss in the mail.

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How much is the fee for dual citizenship?

 The processing fee is US$50.00 (non refundable). In addition, US$25.00 for every qualified beneficiary.  (Payment shall be in the form of cash, bank draft or money order payable to the Philippine Consulate General, Chicago)

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How long will the process for applying for dual citizenship take?

 Upon receipt of the petition and supporting documents by the Consulate General, the petition will be evaluated and you will be contacted and informed within one week of the decision and schedule for your Oath of Allegiance.

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If I submit my petition and there are lacking requirements, how long do I have to comply for my petition to be acted on favorably?

 In case of petitions that do not comply with the requirements, the applicant shall be notified to submit the required documents within thirty (30) days from receipt of the petition.   Otherwise, the petition shall not be favorably acted upon.

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What are the rights and privileges that I would enjoy when I reacquire dual citizenship?

Once you reacquire/retain your Philippine citizenship, you will again enjoy full civil, economic and political rights under existing Philippine laws.

 Among these rights are:

1.       The right to travel with a Philippine passport;

2.       The right to own real property in the Philippines;

3.       The right to engage in business and commerce as a Filipino; and

4.       The right to practice one’s profession, provided that a license or permit to engage in such practice is obtained from the Professional Regulation Commission (PRC), or the Supreme Court in the case of lawyers.

You may also vote in Philippine national elections (for President, Vice President, Senators and sectoral representatives) by overseas/absentee ballot in accordance with the provisions of the Overseas Absentee Voting Act of 2003.

Your foreign spouse also automatically becomes eligible for an immigrant visa.

You will enjoy all other rights and privileges enjoyed by Filipino citizens.

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What are the implications on payment of income taxes?

Under the Philippine Comprehensive Tax Reform Program of 1997, incomes earned overseas by Filipinos from 1998 onwards are no longer taxable by the Philippine government. Hence, all Filipinos abroad, including those who have reacquired their Philippine citizenship, have been exempted by the Philippine Government from paying Philippine income tax on incomes earned abroad.

Incomes earned in the Philippines, however, will be subject to Philippine income tax.

However, prospective applicants are advised to visit and read the contents of http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad, the website of the U.S. Internal Revenue Service, which contains information about current U.S. government policy on taxes on incomes earned worldwide, or to seek legal advice from a U.S. tax lawyer.

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What about payment of Philippine travel taxes?

Travel Tax exemption is being granted to dual citizens departing the Philippines and returning to the US whose arrival is stamped on the Philippine passport and whose stay does not exceed one (1) year.  For this purpose, a Travel Tax Exemption Certificate is issued upon presentation of both the Philippine and US passports. Processing fee of PHP 200.00 is collected for every certificate issued. 

Dual citizens whose stay in the Philippines exceed one (1) year will pay the travel tax irrespective of which passport they use for travel.

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Is there a residency requirement to be eligible for dual citizenship?

Residency in the Philippines is NOT a requirement for those who reacquire Philippine citizenship.  Those who intend to vote in local elections, however, must establish residence in the locality where they wish to vote.

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Can I now reside in the Philippines?

Having reacquired your Philippine citizenship, you can now reside in the Philippines for as long as you want without having to apply for entry visa and paying immigration fees. You can even choose to retire or permanently settle in the Philippines.

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Will my application for dual citizenship under RA 9225 affect my US citizenship?

The Act does not require one to renounce his or her US citizenship.  Also, there is no prohibition against dual citizenship in the US.

The US Supreme Court, as early as 1952, has stated that dual citizenship is a "status long recognized by law" and that "a person may have and exercise rights of nationality in two countries and may be subject to the responsibilities of both. The mere fact he asserts the rights of one citizenship does not without more mean that he renounces the other" (Kawakita v US, 343 US 717).  In 1964, the US Supreme Court also ruled that a naturalized US citizen has the right to return to his country of origin and resume his former citizenship while remaining a US citizen, even if he never returns to the US (Schneider v. Rusk, 377 US 163).

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Upon reacquisition of Philippine citizenship, am I required to apply for a Philippine passport?

Application of a Philippine passport is not a requirement. However, we strongly recommend that you apply for a Philippine passport immediately after your reacquisition of Philippine citizenship.  A passport serves as evidence of citizenship and is easier to carry around than your Identification Certificate. Also, a Philippine passport would make it easier to travel to and from the Philippines. The Philippine passport can be presented together with your US passport in the Philippines, to exempt you from paying Immigration fees.

In case you need to conduct business in the Philippines (e.g. in a bank), a Philippine passport is a universally recognized government-issued ID.


Furthermore, possession of a valid Philippine passport enables you to visa-free entry for up to thirty (30) days to several countries neighboring the Philippines, among them Singapore, Thailand, Viet Nam and Indonesia.

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I still have a valid Philippine passport, which I renewed before I got naturalized as a US citizen.  Now that I have reacquired my Philippine citizenship, can I still use this passport?

No you can not.   The moment you were naturalized as a US citizen, you have relinquished all your rights and privileges as a Philippine citizen, which includes the possession of a Philippine passport.  As such, your Philippine passport is no longer valid.   Now that you have reacquired your Philippine citizenship, you may now apply for a new Philippine passport.

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Can my spouse, who is not a former Filipino, apply for dual citizenship?

No, only former natural-born Filipinos may apply for dual citizenship.

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Will my spouse, who is not a former Filipino, who will travel with me to the Philippines, be required to secure additional travel documents from the Philippine Consulate General before leaving?

Under the Balikbayan Law, a Filipino citizen’s foreign spouse and children do not need to secure other travel documents.  His/her family is entitled to a visa-free entry to the Philippines for a period of one (1) year among other privileges, provided that they have a round-trip/return ticket and that they travel with the Filipino spouse/parent.

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Can my spouse, who is not a former Filipino, live in the Philippines?

An immigrant visa may be issued to a Filipino citizen’s foreign spouse which entitled him/her to permanently reside in the Philippines.  The visa may be obtained by applying at the Philippine Consulate General.  The effectivity of the visa, however, is contingent upon the Filipino citizen’s retention of his Filipino citizenship

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Do adopted children of former Filipinos qualify for dual citizenship?

Yes.  Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted, of former Filipino parents who reacquired their Philippine citizenship under this law, may also be deemed Filipino citizens, if they are included in the parent’s application for reacquisition of Philippine citizenship.

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What is the schedule for Oath Taking Ceremony?

The administration of the Oath of Allegiance takes place every Monday, Wednesday and Friday.  On Mondays, it takes place at 8:45 a.m. while on Wednesdays and Fridays, it takes place at 10:00 am.  It is recommended that petitioners come to the Consulate General at least one hour ahead since there are still papers to be signed and thumb prints affixed and there are other people also taking the Oath with you who must be processed as well.

 

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What should I wear to the Oath Taking Ceremony?

There is no prescribed dress code for the Oath Taking Ceremony. However, the ceremony is a solemn and meaningful event. Please dress in proper attire to respect the dignity of the event (please no jeans, sandals, skimpy dress). Those in improper dress may be refused entry to the premises.

 

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     ©  2000   Consulate General of the Philippines-Chicago