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Citizenship Retention and Reacquisition Act of 2003 (RA 9225)

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JamesMusslewhite

It may have been mentioned but I hate reading to much :-)

 

Can my Daughter born in Australia to my wife Lyn a Filipino citizen apply for Filipino citizenship?

As long as when the child was born the wife was still a Filipino citizen. If so and still under the age of 18, your wife merely need to sign a request form for her citizenship. After the age of 18 the whole process become far more complicated.

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riklynbor

As long as your wife is Filipino citizen and not Australian citizen, YES - without any other formal procedure OTHER THAN registering your daughters birth at the RP consulate or embassy in Australia. This is very important if your daughter was born in Australia in order to be able to get a NSO birth certificate.

 

After that, there is NO application for citizenship necessary, she can just apply for her RP passport.

even if she already has a Australian Birth certificate and she is 4 yo?

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NOSOCALPINOY

NOSOCALPINOY, on 16 Jun 2015 - 11:35 AM, said: I read somewhere that the United States has not yet ratified dual citizenship into their constitution. They only allow it with a blind eye. Other foriegn countries do not recognize dual citizenship.  

 

Quote Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship 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 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). In Schneider v. Rusk, 377 U.S. 163 (1964), the U.S. Supreme Court ruled that a naturalized U.S. citizen has the right to return to his native country and to resume his former citizenship, and also to remain a U.S. citizen even if he never returns to the United States.   The Immigration and Nationality Act (INA) neither defines dual citizenship nor takes a position for it or against it. There has been no prohibition against dual citizenship, but some provisions of the INA and earlier U.S. nationality laws were designed to reduce situations in which dual citizenship exists. Although naturalizing citizens are required to undertake an oath renouncing previous allegiances, the oath has never been enforced to require the actual termination of original citizenship.[28]   Although the U.S. government does not endorse dual citizenship as a matter of policy, it recognizes the existence of dual citizenship and completely tolerates the maintenance of multiple citizenship by U.S. citizens. In the past, claims of other countries on dual-national U.S. citizens sometimes placed them in situations where their obligations to one country were in conflict with the laws of the other. However, as fewer countries require military service and most base other obligations (such as the payment of taxes) on residence and not citizenship, these conflicts have become less frequent.[29] As a result, there has been a dramatic increase in recent years in the number of people who maintain U.S. citizenship despite residing in other countries  

That wasn't the article I read, but it's close enough. I was just too lazy to dig around for it. You must have a lot of time on your hands to dig and research. My eyes aren't what they used to be, so I don't do a lot of searching and reading anymore. Our regards to the both you! I would assume you're not missing the Philippines much.  

Edited by NOSOCALPINOY

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SkyMan

 

 

Everybody who is thinking that they won't lose RP citizenship after becoming a citizen of another country AFTER 2003 may have a rude awakening. My wife became Canadian citizen in 2013 and she was not able renew her RP passport in Canada after that. She had to take oath first. This is how the law is interpreted by the RP government.
That is how the law is interpreted by the Consuls who want another payment.

 

I read somewhere that the United States has not yet ratified dual citizenship into their constitution. They only allow it with a blind eye.
That is correct and you will never see it in the constitution either.  Other than the Bill of Rights, laws are set up to tell you what you cannot do.  You can do anything you want as long as there isn't a law saying you can't.  So you would only see something in US law about dual citz if it was decided not to allow it.  

 

Other foriegn countries do not recognize dual citizenship.
That is correct and the reason for RA9225.  For those Filipinos who actually lost their citz by gaining another.  RA9225, however, does not protect those reacquiring RP citz from losing the other citz if that country doesn't allow dual.

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cebulover2000

even if she already has a Australian Birth certificate and she is 4 yo?

 

yes of course, she could be 50 and still be Filipino (more difficult though) , you are Filipino if at the time of your birth at least one parent is Filipino, over and out.

 

http://www.philippineconsulate.com.au/civil-registry/registration-of-birth-of-a-filipino-child-born-overseas.html

 

Registration of Birth of a Filipino Born Overseas
 
  1. Two (2) original duly accomplished Report of Birth forms (available at the Consulate or online)
  2. Original and four photocopies of the following:

     

    a. The child’s Birth Certificate issued by the NSW Registry of Births Deaths and Marriages;

    b. Philippine passport/s of Filipino parent/s

    c. NSO-issued Marriage Certificate or  Report of Marriage of the parents (if married abroad)

     

  3. A non-refundable fee to be paid either in cash or postal money order payable to the “Philippine Consulate General”. Refer to Schedule of Fees.

Notes:

  • If inconsistencies appear in the birth record, additional documents may be required to validate details.
  • If the parent has Filipino dual citizenship, the parent must also submit his/her Certificate of Australian Citizenship and Filipino dual citizenship documents.
Edited by cebulover2000

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jassy

What's the difference between re-acquistion and recognition as filipino citizen?

http://www.immigration.gov.ph/services/citizenship-retention-and-aquisition/recognition-as-filipino-citizen

http://www.immigration.gov.ph/services/citizenship-retention-and-aquisition/application-for-retention-re-acquisition-of-phil-citizenship

 

My husband is half japenese, half filipino. It says in his icard he's natural born because his mother is a filipino. He wants to apply for an Identity Certificate here in Cebu.

Which department or contact person in BI should we go to?

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arentol

My wife and daughter were both born here in the Philippines and both have Philippine passports.

 

My daughter also has US citizenship/passport due to her connections through me (via Consular Report of Birth Abroad)

 

Has my daughter lost her Philippine citizenship? Do we need to do anything? She's less than 10 years old and her Philippine passport is current.

 

Appreciate the guidance/advice.

 

 

Regards,

Aren

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NOSOCALPINOY

My wife and daughter were both born here in the Philippines and both have Philippine passports.

 

My daughter also has US citizenship/passport due to her connections through me (via Consular Report of Birth Abroad)

 

Has my daughter lost her Philippine citizenship? Do we need to do anything? She's less than 10 years old and her Philippine passport is current.

 

Appreciate the guidance/advice.

 

 

Regards,

Aren

 

Has my daughter lost her Philippine citizenship? 

 

Regards,

Aren

In a single word - NO

 

http://www.chanrobles.com/philsupremelaw2.html#.VdwBn9IdBnQ

 

ARTICLE IV CITIZENSHIP
Section 1. The following are citizens of the Philippines:chanroblesvirtuallawlibrary
  • [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;

    [2] Those whose fathers or mothers are citizens of the Philippines;

    [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and cralaw

    [4] Those who are naturalized in accordance with law.cralaw

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.cralaw

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.cralaw

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
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Headshot

She's good. Just keep both passports current.

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SkyMan

What's the difference between re-acquistion and recognition as filipino citizen?

http://www.immigration.gov.ph/services/citizenship-retention-and-aquisition/recognition-as-filipino-citizen

http://www.immigration.gov.ph/services/citizenship-retention-and-aquisition/application-for-retention-re-acquisition-of-phil-citizenship

 

My husband is half japenese, half filipino. It says in his icard he's natural born because his mother is a filipino. He wants to apply for an Identity Certificate here in Cebu.

Which department or contact person in BI should we go to?

I think he should just take his BC to the DFA and get a passport.

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jassy

I think he should just take his BC to the DFA and get a passport.

 

 

He does have all the papers to prove he was natural born bc, baptismal, etc, even a very old philippine passport.

But I think that will invalidate his japanese citizenship. They don't allow dual citizenship in japan.

Identity certificate seems to be the option without losing his japanese citizenship. But there's two on the website. Recognition and re-acquistion.

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SkyMan

Then I wouldn't do anything to risk his Japanese citz. His pp should show his place of birth in the RP and that should get him in on a BB stamp so what else does he want?

Edited by SkyMan

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NOSOCALPINOY

Then I wouldn't do anything to risk his Japanese citz. His pp should show his place of birth in the RP and that should get him in on a BB stamp so what else does he want?

Using two passports indicates one is a dual citizen, because both passports have to be annotated

in accordance BI rules and guidelines for dual citizens arriving and departing the Philippines.

What would happen if the Japanese government finds out? They probably will, if his Japanese

passport has a BB stamp and or have the two letters "PP" stamped in both passport.

If he is already a Japanese citizen and do not want to forfeit or jeopardize his Japanese citizenship,

he should not even chance it using a Philippine passport! He will just have to enter and or depart

the Philippines as a regular tourist only using his Japanese passport, but he may still get away with 

getting a BB stamp, since his place of birth, the Philippines is in his Japanese passport and that

would be the airport BI official's  decision, but the Japanese government may frown upon it him receiving benefits and or privileges from the Philippine government. 

(The below link may apply if he already had dual citizenship before January 1, 1985)

 

https://en.wikipedia.org/wiki/Japanese_nationality_law

Dual nationality

It is generally difficult to have dual citizenship of Japan and another country, due to the provisions for loss of Japanese nationality when a Japanese national naturalizes in another country (see "Loss of citizenship"), and the requirement to renounce one's existing citizenships when naturalizing in Japan (see "Naturalization").

There are still some ways in which a person may have dual citizenship of Japan and another country, including:

  • They had dual citizenship prior to January 1, 1985, when the Nationality Law was enacted
  • They acquire multiple citizenships at birth, such as being born to a non-Japanese citizen parent and acquiring that parent's citizenship as a result of that country's laws or by being born in a jus soli country. However, they must choose one citizenship/nationality before the age of 22 or within two years if the second citizenship is acquired after the age of 20, or they may lose their Japanese nationality (see "Loss of citizenship").
Edited by NOSOCALPINOY

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jassy

Yep that is the problem. Dual citizenship is not recognized in japan. You have to forfeit the other. However there seems to be a way for a natural born to apply for an Identification Certificate which doesn't mean that you renounce the other citizenship.

Re-acquisition or Recognition, what's the diff?

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NOSOCALPINOY

Yep that is the problem. Dual citizenship is not recognized in japan. You have to forfeit the other. However there seems to be a way for a natural born to apply for an Identification Certificate which doesn't mean that you renounce the other citizenship.

Re-acquisition or Recognition, what's the diff?

He doesn't need any of those two, "Re-acquisition" or "Recognition", because he is already a Filipino citizen at birth and he has never lost his Philippine citizenship. So, there's nothing for him to reacquire or to be recognized as a Filipino citizen since he has never lost his Philippine citizenship, unless he renounced it when he became a Japanese citizen, which is Japan's policy since dual citizenship is not allowed in Japan. 

Besides, the Identification Certificate aka "IC" Letter you mentioned is only given to those who became dual citizens under RA9225. 

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