Dual Citizenship Or Balikbayan Visa

[oldutot]

Hi Folks, Does anyone know what are the pros and cons of dual citizenship or the BB stamp visa I think Art has answer my question

[Mr Lee]

Hi Folks,                Does anyone know what are the pros and cons of dual citizenship or the BB stamp visa                I think Art has answer my question

My understanding is that a dual citizen does not even need any visa if they also show their Philippine passport upon entry along with the other passport, anyone please correct me if I am wrong on this. Also the disadvantage might be that they may give up some of their rights as a foreign citizen yet gain back their rights as a Filipino citizen, which I guess can be a double edged sword of sorts. My wife as a Filipino citizen can make investments in things within the Philippines (stocks, etc) that she might otherwise not be allowed to as a US citizen or at least the US government might get bent out of shape if they found out, and that is why we do not do things like that but have been offered them by the banks we do business with within the Philippines because they knew she holds a Philippine passport.  Anyone else know of any benefits or negatives of dual citizenship?

[stef]

i can not wait till i can get my Philippine citizenship and passport and become a dual citizenonly 3.5 years left till i can apply

[Art2ro]

This is just a small bit of information some may not be aware or have knowledge of weather one is a Balikbayan or a Dual Citizen and that goes for 13a/g non quota permanent residents too depending on their home country of origin. I'm generalizing because each country is different and I'm just putting a bug in your ear to make you aware of these issues weather they pertain to you or not. You should read up on the laws of your home country and that of the Philippines, because in some cases they do not recognize Dual Citizenship status and may jeopardize losing their citizenship in one's home country! And some countries has the "dual taxation" laws where one may end up paying taxes or a reduction of one's pension in both country of citizenship! And some countries will penalize you of a reduction of your pension just by residing in a foreign country other than your own, I hear Holland for one does that after speaking to a retiree from that country! You just have to do a little research prior to changing any immigration status either for you or your wife. Immigration laws aren't the same for all countries.And on another side issue, if you have medical health insurance in your home country and you are considering changing over to a Philippine health care plan and considering on canceling your health care coverage in your home country, don't! Just "suspend" your policy if allowed to do so, because "canceling and or terminating" a policy, may void your right to reinstate your policy if you decide to return to your original health care plan! So, know for certain of what all of the ramifications might be before doing so. Only you know what that might be, because health insurance coverage tend to be different from one country to another. Always read all of the fine print concerning clauses and their exclusions concerning their policies and procedures in all areas of your concerns! And having health care insurance in both countries may conflict with one another as to who has precedence in paying for your medical bills! I've already said a mouth full for you to digest! So, this is about all I can think of from my experiences and what I've read or heard from other expats I have spoken with over the years! Good luck on your stay here in the Philippines! You'll do fine! You always have us here on the forum to guide you and your family! What's family and good friends for? Take care!Have a nice day!Art

Edited June 26, 2010 by MrBBtheFilAm

[oldutot]

This is just a small bit of information some may not be aware or have knowledge of weather one is a Balikbayan or a Dual Citizen and that goes for 13a/g non quota permanent residents too depending on their home country of origin. I'm generalizing because each country is different and I'm just putting a bug in your ear to make you aware of these issues weather they pertain to you or not. You should read up on the laws of your home country and that of the Philippines, because in some cases they do not recognize Dual Citizenship status and may jeopardize losing their citizenship in one's home country! And some countries has the "dual taxation" laws where one may end up paying taxes or a reduction of one's pension in both country of citizenship! And some countries will penalize you of a reduction of your pension just by residing in a foreign country other than your own, I hear Holland for one does that after speaking to a retiree from that country! You just have to do a little research prior to changing any immigration status either for you or your wife. Immigration laws aren't the same for all countries.And on another side issue, if you have medical health insurance in your home country and you are considering changing over to a Philippine health care plan and considering on canceling your health care coverage in your home country, don't! Just "suspend" your policy if allowed to do so, because "canceling and or terminating" a policy, may void your right to reinstate your policy if you decide to return to your original health care plan! So, know for certain of what all of the ramifications might be before doing so. Only you know what that might be, because health insurance coverage tend to be different from one country to another. Always read all of the fine print concerning clauses and their exclusions concerning their policies and procedures in all areas of your concerns! And having health care insurance in both countries may conflict with one another as to who has precedence in paying for your medical bills! I've already said a mouth full for you to digest! So, this is about all I can think of from my experiences and what I've read or heard from other expats I have spoken with over the years! Good luck on your stay here in the Philippines! You'll do fine! You always have us here on the forum to guide you and your family! What's family and good friends for? Take care!Have a nice day!Art

Hi Art, Thanks again, My wife has been a U.S. citizen for 20 years. And she has worked here in Seattle that long. So I would think the BB visa at first. And do the research on the dual citizenship. Great information once again MRBBtheFILAM Edited June 26, 2010 by oldutot

[UZI]

Hi Art, Thanks again, My wife has been a U.S. citizen for 20 years. And she has worked here in Seattle that long. So I would think the BB visa at first. And do the research on the dual citizenship. Great information once again MRBBtheFILAM

MR. said on the Balikbayan thread:

Put simply, A Dual Citizen won't need to do the visa extension thing anymore. I plan to go that route eventually, less of a immigration hassle if one plans to stay in the Philippines indefinitely and don't plan to take frequent trips outside of the Philippines!

As Balikbayan, you don't have to pay Travel Tax if you leave during your free 1 year stay but if you remain past the the 12 months you then have to pay for exit clearance as well as the extensions. Runs up quite a bill.As a Dual Citizen, you can do as many 'Frequent Trips' as you like without any restrictions. Perfect if you want to visit Hong Kong, Singapore, Malaysia, Thailand etc . Risky to do as a Balikbayan, as you may not get another on re-entry (it is a gift & may not be given ) and expensive if staying long term as a Tourist with extensions & exit clearances.One of the reasons I have heard given from a Fil Am, for not getting his Dual is that as a Dual Citizen, the laws of the country you are in become the overriding one i.e. if in the Philippines you are a Philippine Citizen (even though you have your US passport) and therefore the American Embassy would not be able to treat you as an American Citizen if you had problems. Given the reports on CNN from Anderson Cooper in Haiti recently of the lack of help for US Citizens, I wouldn't hold your breath that the cavalry would ride to your rescue anyway.It seems to me that a good solution for the MAJORITY is that one member gets Dual Citizenship, while the spouse gets a 13g non quota residents Visa (only pay P310 a year plus ACR I Card every 5 years). Your wife gets the benefits of being a Filipino Citizen & you retain the benefits of your home country citizenship. Win Win IMHO.UZI

[Art2ro]

Here's a WIKIPEDIA link that has interesting information concerning multiple citizenship: http://en.wikipedia....ple_citizenship

[Art2ro]

Here's a WIKIPEDIA link that has interesting information concerning multiple citizenship: http://en.wikipedia....ple_citizenship

Here's some other links of interests;U.S. State Department Website: Citizenship and Nationality:http://travel.state....enship_782.htmlPhilippines - Official Government Website: HOW TO & ON-LINE SERVICEShttp://www.gov.ph/index.phpPhilippines - (NSO) National Statistic Office: order public records on-line https://www.ecensus....re/frmIndex.aspPhilippines - Bureau of Immigrations Home Page:http://immigration.gov.ph/Philippines - Bureau of Immigration Offices:http://immigration.g...d=128&Itemid=72Philippines - List of Directives and Issuance of Memorandums and Republic Arts http://www.ops.gov.p....htm#ra-archive Edited June 27, 2010 by MrBBtheFilAm

[UZI]

For everything you need to know about RA 9225 from the Philippine side of the coin. This is from the BI Website:DUAL CITIZENSHIPIncludes this very detailed FAQ:What is Republic Act No. 9225?Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire foreign citizenship permanent, amendin for the purpose Commonwealth Act No. 63.RA 9225, which took effect on 17 September 2003, declares that former natural-born Filipino citizens who acquired foreign citizenship through naturalisation are deemed not to have lost their Philippine citizenship under conditions provided in the Act.There former Filipinos can re-acquire/retain their Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines.Who is a natural-born Filipino citizens?Under the Philippine Constitution, a natural-born citizen is a person born of one or both parents who are Filipino citizens at the time of birth.Does the law RA 9225 apply to dual citizens?RA 9225 does not apply to dual citizens, ie, those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalisation.A child born of parents who are both Filipino citizens (at the time of birth) in a country that adheres to the jus soli principle (eg, the United States) is a dual citizen. The child, who is a natural-born Filipino because the Philippines adheres to the jus sanginis principle, is also entitled to apply for a US passport.Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined by the place of birth (ie, the territory of a given state).Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s.A chld born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle is a dual citizen and is entitled to apply for both Philippine and Australian passports.A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli principle (eg, US) would be entitled to apply for Philippine, Australian and US passports.How do I prove that I am 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 abroad, 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.What is the procedure in applying and what documents are required in order to apply?Applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila.Applicant accomplishes form entitled “Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225” and attaches three (3) 2”x2” photographs showing the front, left side and right side views of the applicant.Applicant submits duly-accomplished petition to the Philippine Consulate / Embassy together with the photos, birth certificate and a valid ID.(Note: applicants who are married and who wish to use their married names must submit a copy of their marriage certificate).Applicant pays a processing fee of US$ 50.00 and is assigned a schedule for his/her oath of allegiance before a consular officer. Applicant takes his/her oath.Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General.The Philippine Consulate General forwards to the Bureau of Immigration in Manila the petition, oath, order of approval, and other supporting documents for issuance of an Identification Certificate.The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Consulate General.What is the implementing agency of RA 9225?Administrative Order No. 91, Section 1 designates the Bureau of Immigration (BI), in consultation with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-General of the National Statistics Office (NSO), as the implementing agency of RA 9225Where do I apply for re-acquisition of Philippine Citizenship if I am in the Philippines?A former natural-born Filipino citizen who is already in the Philippines and registered in the Bureau of Immigration shall file a petition under oath to the Commissioner of Immigration for the cancellation of the Alien Certicate of Registration (ACR) and issuance of an Identification Certificate (IC) as the case may be, under RA 9225.A former natural-born citizen who is already in the Philippines but has not registered with the BI within 60 days from date of arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under RA 9225.Where do I apply for re-acquisition of Philippine Citizenship if I am overseas?A former natural-born citizen who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for evaluation. Thereafter, the Embassy or Consulate shall forward the entire records to the Commissioner of Immigration for the cancellation of the ACR and issuance of an IC under RA 9225.A former natural-born citizen who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for the issuance of an IC under RA 9225.What is the Oath of Allegiance?The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows:"I,________________, solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local orders promulgated by the duly constituted authorities of the Philippines, and I hereby declare that I recognise and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto, and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion."Can the conferment of Philippine citizenship be revoked?The conferment of Philippine citizenship under the IRR shall no longer be subject to the affirmation by the Secretary of Justice. However, Philippine citizenship may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.Can my foreign spouse also become a Filipino citizen under RA 9225?No, the law does not apply to the foreign spouse. He/she has the following option if he/she wishes to reside permanently in the Philippines: (a) apply for naturalisation; (b) apply for a permanent resident visa.Can my children (minor or aged 18 years old or over) also acquire Philippine citizenship under RA 9225?According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether legitimate, illegitimate or adopted, below eighten (18) years of age, of those who re-acquire Philippine citizenship under this Act shall be deemed citizens of the Philippines.A married child, although a minor, cannot therefore be included in the petition of his/her parent.Children 18 years old and over do not qualify to acquire Philippine citizenship under RA 9225. They have the same options that are open to the foreign spouse.What is the procedure for derivative acquisition of Philippine citizenship?The petition under oath has the option to list the names and details of any minor, unmarried children. The applicant should include a copy of the Report of Birth and the original copy of Record of Birth for each minor child.The Embassy will clarify from Bureau of Immigration the exact procedure in case of the minor children and whether the BI will issue to them a Certificate of Identification.After I have re-acquired Philippine citizenship, can I apply for a Philippine passport?Yes, and so can the minor children who are deemed to have acquired Philippine citizenship under RA 9225. You would need to comply with the requirements for first-time passport applicants.What rights and privileges will dual citizens enjoy?Those who retain or reacquire their Philippine Citizenship under RA 9225 shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act 0f 2003” and other existing laws.Under the Act, the right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who are candidates for or are occupying any public office in the country of which they are naturalized citizens and/or those who are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath;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.Can I now reside in the Philippines without having to apply for entry visa?Former natural born Filipinos who have re-acquired Philippine citizenship may now reside in the Philippines continuously without having to apply for entry visa. If the foreign spouse and/or child wish to also reside permanently in the Philippines, they may opt to apply for naturalisation as a Filipino citizen or apply for a permanent resident visa.If he/she does not wish to reside permanent in the Philippines, he/she could visit the country as a Balikbayan (refers to a Filipino citizen who is out of the country continuously for at least one year). The foreign spouse or child may enter the country and stay for up to a year visa-free provided the spouse or child is accompanying or travelling with the Balikbayan when the Balikbayan goes home to the Philippines.As a dual citizen, how long can I stay in the Philippines?Having reacquired your citizenship, you can stay in the Philippines for as long as you want without having to pay an immigration fees. You can even choose to retire or permanently settle back in the Philippines. As a Filipino citizen, you are subject to duties and other obligations imposed on other ordinary Filipinos, such as paying the necessary community tax residence and other tax liabilities in accordance with the tax laws of the Philippines.Will I now be required to pay income tax and other taxes? Am I exempt from paying the travel tax?In accordance with existing laws, income earned in the Philippines is subject to the payment of tax. Filipinos who re-acquire citizenship and opt to reside and work in the Philippines will pay the income tax due at the end of each fiscal year. They are also subject to other obligations and liabilities, such as the community tax and residence tax.Countries routinely forge bilateral agreements in order that their respective citizens who earn income overseas do not pay income tax twice.Filipinos who have re-acquired citizenship, as long as they reside permanently overseas, also enjoy the travel tax exemption extended to Filipino citizens permanently residing in other countries, the OFWs and their dependents.As a dual citizen, am I allowed to practice my profession in the Philippines (e.g. doctor) ?Under the law, those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice.If I need to get more details on the rules and procedures for the implementation of RA 9225, which government office do I contact in the Philippines?Under Administrative Order No. 92 Series of 2004 dated 12 January 2004, the Bureau of Immigration has been designated as the government agency in charge of formulating the rules and procedures for the implementation of Republic Act No. 9225. The contact details of Immigration Commissioner are as follows: Office of the Commisioner, Bureau of Immigration, Magallanes Drive, Intramuros, Manila, Philippines.

Edited June 27, 2010 by UZI

[Tom in Texas]

... My wife has been a U.S. citizen for 20 years. And she has worked here in Seattle that long. So I would think the BB visa at first. And do the research on the dual citizenship. Great information once again MRBBtheFILAM

If you and your wife are US citizens, I know of no downside to her reacquiring her Philippine citizenship. There are certainly a lot of upsides... not the least of which is making you eligible for a 13g visa.However, if you are going to travel back to the States a time or two a year, the balikbayan visa-free entry to the Philippines for a period of one year as foreign passport holders may work just as well for you.If your wife has not reacquired her Philippine citizenship, she can enter as a category ( c ) balikbayan... if she has, then she can enter as a category ( a ) balikbayan... either way, you get the benefit if you enter with her.Tom in Texas