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Citizenship Retention and Reacquisition Act of 2003 (RA 9225)

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jassy

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. 

 

I don't think he renounced ph citizenship because there's no oath taking that took place at any time in japan or the philippines.

But why did the BI issue him an icard with immigrant status?

He also pays for traveltax and icard processing in the airport everytime he goes out of the country. That's almost 5000 pesos everytime.

 

He also wanted to buy a property in cebu but backed out incase he's not qualified to own property.

Says here former natural born can buy though.

http://www.philippineconsulate.com.au/owning-land-in-the-philippines.html

So he's hoping he is classified as natural born filipino with foreign passport. :D

Edited by jassy

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NOSOCALPINOY
Does he fit the criteria in my previous thread above about if he was already a dual citizen prior to Jan 1, 1985 when Japan's Nationality Law was enacted?

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

 

Japan's Nationality Law is pretty clear and must be followed.

 


 



(1) In the case where you choose Japanese nationality...

I.The method of renouncing the foreign nationalitiy

In the case where you have renounced the foreign nationality in accordance with the laws of the foreign country concerned, you are required to submit a notification of loss of foreign nationality, which shall be accompanied by a document proving the loss of nationality, to the office of a city, ward, town or village (if you live in Japan) or to the embassy or the consulate of Japan (if you live abroad).


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NOSOCALPINOY

But why did the BI issue him an icard with immigrant status? He also pays for travel tax and icard proc

What immigration status is on his ACR I-Card? Does he have a permanent resident visa?

If not, he's just a regular tourist and after 59 days of stay he can extend his stay and also given an ACR I-Card good for a year and if he has stayed over a year, he has to pay the Philippine travel tax prior to his departure out of the Philippines. Something just doesn't add up here! 

Besides, If his Japanese passport indicates he was born in the Philippines, he should have been getting a BB stamp every time he entered the Philippines! Balikbayans within their one year free stay do not require to have an ACR I-Card and or return/onward tickets! 

He should consult with a BI attorney to get the straight legal facts pertaining to his situation, when Japan does not allow dual citizenship in their country. 

Edited by NOSOCALPINOY

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NOSOCALPINOY

Here's the Japanese Nationality Law (Law No.147 of 1950, as

amended by Law No.268 of 1952, Law No.45 of 1984, Law No.89

of 1993 and Law.No.147 of 2004,Law No.88 of 2008)

 

http://www.moj.go.jp/ENGLISH/information/tnl-01.html

 

It's pretty clear that a born Japanese citizen can not keep his/her foreign nationality and

will have to renounce his/her foreign citizenship, because to choose the other foreign

country's citizenship, he/she will then have to renounce his/her Japanese citizenship!  

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jassy

Thanks NOSOCALPINOY..

His icard says

visa type Native born

visa valid until Permanent

Visa status Immigrant.

 

We are trying to get this Identification Certificate which supposedly allows him to have full privilages same as a filipino.

I doubt he should get a ph passport. That would invalidate his jap citizenship that's for sure.

But there's nothing in japanese law about an Identification Certificate. So there's no violation.

We saw one passenger who was half american half filipino in the airport who presented this piece of paper to immigration before deparating. He didn't need to have an icard. He only pays for travel tax, too.

So when we researched about it we saw there is a way for natural borns to get this document.

Edited by jassy

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SkyMan

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").
I said nothing about 2 pps. His jap pp should show his birthplace in the RP which should be good for BB entry which will be his best option. Any use of RA9225 could cost him his jap citz.

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NOSOCALPINOY

I've already mentioned this twice, that an Identification Certificate aka "IC" letter are only given to those who became dual citizens under RA9225, which in his situation would violate the Japan Nationality Law. If he is a permanent resident or a tourist, there are no issues as long he does not use his Philippine passport.  

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SkyMan

Jassy, it appears the RP already knows he's a jap citz as he has an I card. The only way, therefore, to get what you want would be through ra9225 which could cost him his jap citz.

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jassy

Yes I think its not reacquisition ra9225 but its under the same law and called Recognition as Filipino Citizen

 

http://www.immigration.gov.ph/faqs/citizenship

  1. I am a foreign national with a Filipino parent; can I apply for a Filipino citizenship?

Foreign nationals who were born outside of the Philippines to a Filipino parent (Note: the parent/s must be Philippine citizen/s at the time of the applicant’s birth) may apply for Recognition as a Filipino citizen, without losing the current citizenship of the applicant. For more information, please click here.

 

------------------------------------------------------------------------------------------------------

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

 

I think its only processed in manila. BI Main Office

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NOSOCALPINOY

I also mentioned this twice, Recognition as a Philippine citizen is not required since he was already a Filipino citizen by his birth right and never lost his Philippine citizenship, unless he renounced it being a Japanese citizen, which is a requirement according to Japan's Nationality Law! Just read the Japan Nationality Law, it's explicit and clear what the requirements are, Japan just does not allow dual citizenship under any circumstances.

 

Here's another twist that many do not know about of those who were born in the Philippines after 1935, which contradicts one's Philippine's citizenship if not naturalized of another foreign country or if the natural father is not a Filipino citizen.

The mother doesn't factor into this law, if one has already chosen foreign citizenship before the age of majority. 

So therefore, it means that he/she was never a Filipino citizen from the get go under this law of 1935 and he/she

is ineligible for dual citizenship under RA9225 or under any circumstances! How do I know this? I'm one of those

individuals who it happened to! Fortunately I was able to get an Expanded SRRVisa for those who are U.S. military retirees!

 

http://www.gov.ph/constitutions/the-1935-constitution/

ARTICLE IV.—CITIZENSHIP

SECTION 1. The following are citizens of the Philippines:

(1)  Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.

(5) Those who are naturalized in accordance with law

SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law.

 

 

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SkyMan

Yes I think its not reacquisition ra9225 but its under the same law and called Recognition as Filipino Citizen

 

http://www.immigration.gov.ph/faqs/citizenship

  1. I am a foreign national with a Filipino parent; can I apply for a Filipino citizenship?

Foreign nationals who were born outside of the Philippines to a Filipino parent (Note: the parent/s must be Philippine citizen/s at the time of the applicant’s birth) may apply for Recognition as a Filipino citizen, without losing the current citizenship of the applicant. For more information, please click here.

 

------------------------------------------------------------------------------------------------------

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

 

I think its only processed in manila. BI Main Office

It's the same as RA9225, only different and I don't think it applies to your husband.  This is for those who never previously had RP citz and I believe you said he had an RP passport at one time so he was an RP citz.  When he became Japanese and then told the RP they gave him the ICard and he lost his RP citz.  Had he not told the RP and just renewed his RP passport he'd be fine.  Do not be fooled by the line you highlighted, "without losing the current citz of the applicant."  That only goes as far as the RP gov't is concerned.  RP law doesn't effect Japanese law and if they find out he reacquired RP citz he'd likely lose his Jap citz. 

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jassy

I think the keyword there is Recognized.

It just means the person is just given proof, by way of an Identification Certificate, that he was of Philippine origin(natural born) and therefore deserves the rights and privilages of a filipino. The person is not being asked to renounce the other citizenship. Atleast the philippine government doesn't and you're not required to get a ph passport at all.  That's why the fil-am we met only had an american passport but no icard, just the paper to show. But you need to be native born, etc.

 

So nobody has applied for the Identification Certificate here in cebu yet?

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NOSOCALPINOY

My wife is a Fil-Am with a U.S. passport, she never had an ACR I-Card traveling as a Balikbayan and now has dual citizenship, but she doesn't yet have a new RP passport. When we departed the Philippines on vacation just this past Feb, she used her U.S. passport and upon returning she again used her U.S. passport with her Identification Certificate aka an "IC" letter she obtained when she became a dual citizen under RA9225. Her U.S. passport was stamped with two letters "IC", date of entry and initials of the RP airport BI official.

 

As I read and understood Japan's Nationality Law, if a Japanese citizen who is also a foreign citizen of anther country, he/she is obligated to renounce his/her citizenship of the other foreign country or face losing his/her Japanese citizenship.

So why still persist in being recognized as a Philippine citizen, when it is not allowed by Japan's government to have citizenship of another country? Living in Japan as a citizen, he/she is obligated to choose only one country and not both according to Japan's Nationality Law.   

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SkyMan

 

 

It just means the person is just given proof, by way of an Identification Certificate, that he was of Philippine origin(natural born)
He has a BC, right?  That proves where he was born.  

 

So nobody has applied for the Identification Certificate here in cebu yet?
Lots of people have.  People who naturalized in countries that allow Dual Citz.  Japan isn't included on that list.  If your husband wants to be recognized as fully Filipino he needs to go take the RA 9225 oath at which time he'll get an IC and risk losing his Jap citz.Is that really what he wants?  As a former Filipino he's allowed BB privileges to enter the country and he can purchase some land in his own name.  If you're a Filipina you can purchae land in your name so what is the problem?

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JollyJim

We just made an appoitment for my wife to get duel citizenship next month, supposed to cost about $50. We live in Oregon but they have satellite consulates that come not too far from us. 

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