Why Get Dual Citizenship in the Philippines?

May 1, 2011 by Anita  
Filed under Legal

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Will Irwin asked:




Being a consultant and author on topics related to retirement in the Philippines, one of the most common questions I receive from (former) natural-born citizens of the Philippines, who lost their Philippines citizenship by being naturalized as a citizen of a foreign country, is “why should my Filipina wife or my Filipino husband get dual citizenship in the Philippines”?

For those who are planning to obtain a job or start a business after they retire to the Philippines, dual citizenship is a must. Whereas there are various residency options for a non (Philippines) citizen to retire in the Philippines, there are numerous benefits to such a retire to acquire dual citizenship in the Philippines. In 2003, the Philippines government passed a law which enables former citizens to re-acquire Filipino citizenship. It is known as the Dual Citizenship Law.

THE BENEFITS OF DUAL CITIZENSHIP ARE:

o Right to 100% own real property – without citizenship, an investor’s only means to purchase real property is by way of a corporation, of which he/she cannot own more than 40% of the stock.

o Right to operate a business – without citizenship, an foreigner is restricted to what industries he may participate in, and he must invest a minimum of $250,000.

o Right to practice one’s profession – many retirees wish to pursue their profession, but the Philippines licenses to practice professions (doctor, nurse, lawyer, and so forth) are reserved for Filipino citizens

o Right to re-acquire a Philippine passport

o Right to vote in elections

o Immigrant visa can be issued to the citizen’s spouse that entitles him/her to permanently reside in the Philippines – this gives the spouse the benefits of (i) obtaining employment in the Philippines, (ii) leasing real property, (iii) ownership of personal property, (iv) can qualify for Filipino citizenship after five years of residency in the country, and (v) can freely enter and exit the country without all the red tape of a non-immigrant resident.

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 US 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.

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Dual Citizenship – Philippines

April 3, 2011 by Anita  
Filed under Legal

Tom Lindsay asked:




If you are considering traveling to the Philippines for the first time you can expect to have a wonderful time as it is one of the most beautiful countries when it comes to natural beauty. Many people travel to the Philippines for a short vacation and end up settling there on a full time basis but when deciding that living in the Philippines is something that you want to do there are many things to consider before jumping in.

Always contact your local Philippines Embassy before heading out as the weather in Philippines can be extremely bad at certain times of the year, especially in the northern islands. Also make sure that you find out where the nearest DFA Philippines office is located (Department of Foreign Affairs) just in case you need to extend your stay, it is not advisable to stay beyond your visa date.

Dual Citizenship is available to most foreigners and below is an up to date list of the requirements that you would need if considering Philippine dual citizenship. If you are considering applying for dual citizenship then you need to make sure that you are qualified before you pack everything up move to Philippines, although living in the Philippines can be fairly cheap not planning ahead can be disastrous. You have probably sent some Philippine flowers or done some Philippines shopping sprees and think that your dollar goes far, it does, but you need to consider how to make a living in the Philippines when you get here.

Philippines Dual Citizenship Eligibility-Exactly who can be Philippine citizens within this current Constitution?
The 1987 Constitution, Article IV, Section 1 gives you:

Section 1. The list below can be citizens in the Philippines:

- People who happen to be citizens in the Philippines at the actual moment of the adoption of this specific Constitution;
- Those people whose fathers as well as mothers happen to be citizens in the Philippines;
- Those people born prior to The month of January 17, 1973, with Filipino mothers, which choose Philippine citizenship on attaining the age of majority; as well as
- People who are naturalized with compliance of legislation.

Who’s a real natural-born Filipino citizen?

Natural-born individuals will definitely be individuals who are citizens by birth and never have to execute any kind of deed to obtain as well as perfect his or her Philippine citizenship. Individuals who choose Philippine citizenship in compliance with this Constitution will certainly always be considered natural-born citizens.

Just what tend to be the actual modes regarding obtaining citizenship?

There are four (4) usually accepted modes associated with obtaining Philippine citizenship, specifically:

1) By means of birth; as well as
2) Jus soli (right of soil) and that is the actual lawful principle that the individual’s nationality at birth is actually based on the actual place of birth (ie, your territory in a specified state).
3) Jus sanguinis (right regarding blood) that is the actual lawful principle in which, from birth, a person receives the particular nationality associated with his/her biological parent/s. The Philippines adheres to this particular principle.
4) Through naturalization specifically the actual judicial act associated with adopting a foreigner and clothing him with all the rights associated with a native-born resident. The idea suggests the actual renunciation of your previous nationality and also the fact of entry within a similar relation when it comes to a new body politic. (2 Am.Jur.561, par.188)

Exactly what will be the actual bases associated with obtaining citizenship?

There are actually A few bases with regard to obtaining citizenship through birth, specifically:

1) Jus soli (right of soil) that is the actual lawful principle which the individual’s nationality from birth will be based on the actual location regarding birth (i.e., the actual territory of your given state).
2) Jus sanguinis (right associated with blood) that is the actual lawful principle in which, from delivery, a person receives the actual nationality connected with his/her biological parent/s. The Philippines adheres to this particular principle;
3) Naturalization that is the actual judicial action associated with adopting the foreigner and clothing him (or her) with all the rights regarding any native-born resident. It again suggests the actual renunciation of your former nationality and also the actuality associated with entry into a similar connection toward a brand new system politic. (2 Am.Jur.561, par.188)

Exactly what individuals can be eligible as Philippine citizen by means of naturalization in this specific Revised Naturalization Act?

Within Section 2 of the actual Revised Naturalization Legislation the particular applicant should have the actual following accreditation:

* He or she must never be under twenty-one years old at the moment of the actual hearing for this petition;
* He or she must currently have resided within the Philippines for any uninterrupted time period of not under 10 years;
* He or she must always be of great moral character as well as places importance in the actual concepts underlying the particular Philippine Constitution, as well as should have conducted themselves in a very correct as well as irreproachable fashion throughout the full time period regarding their residence within the Philippines in their relation with the particular constituted government in addition to according to the particular local community in which they are residing;
* He or she must possess property within the Philippines valued at never under five thousand pesos, Philippine currency, and should have some recognized beneficial trade, occupation, or legal profession;
* They should have the ability to speak and write English or even Spanish or any one of the particular main languages;
* He or she must have enrolled their minor small children of the school age group within any of the particular public or even non-public school choices identified by the Bureau of Public Schools belonging to the Philippines in which Philippine heritage, government as well as civics will be taught and recommended as a natural part of the school curriculum, throughout the full time period associated with the actual residence within the Philippines expected of him or her before the actual hearing of the actual petition for naturalization as Philippine citizen.

Exactly who are usually never authorized to be able to make an application for naturalization connected with the actual Revised Naturalization Law?

Within Section 4 of the actual Revised Naturalization Law, the subsequent individuals are not able to be eligible to get Philippine citizenship:

* Individuals opposed to structured government as well as connected along with any kind of organization as well as group of individuals which support as well as illustrate doctrines opposing all structured governments;
* Individuals defending or even instructing the requirement or propriety of violence, personalized assault, or even assassination to make the success as well as predominance associated with their particular ideas;
* Polygamists or even believers in the actual practice associated with polygamy;
* Individuals convicted regarding crimes concerning moral turpitude;
* Individuals being affected by psychological alienation or even incurable infectious medical conditions;
* Individuals which throughout the time period regarding his or her stay within the Philippines, have not really mingled socially with all the Filipinos, as well as that have not really evinced any genuine wish to understand as well as take hold of the particular customs, traditions, as well as ideals belonging to the Filipinos;
* Residents or subjects associated with countries with which the Philippines is at war
* Residents or subjects associated with any foreign nation apart from the United States, in whose laws and regulations usually do not give Filipinos the actual right to end up as naturalized citizens as well as subject thereof.

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