Dual Citizen

[Tom_Jim 40]

Has anyone been back to the Philippines after U.S. naturalization? Do you bring your "IC" certificate of RP naturalization with you when presenting your Pinoy passport in MNL? I do not want to enter using my US passport because I may be there for 5 months - which is over the visiting threshold of the US passport.

Any one know or have had experience with this? If so, I'd love to know.

Thanks.

[Hank_ 9,173]

Having a valid Philippine passport is evidence of citizenship.

[Torete 121]

Having a valid Philippine passport is evidence of citizenship.

[js030802 6]

Balikbayans who present US passport only will have one year of stay in the Philippines. That is if you only present your US passport. But if you present both, after reacquiring your Philippine citizenship, then you can stay in the Philippines for as long as you want.

[PhiLandShiR 18]

When you enter the Philippines you must show both the US and the Philippine passport.

If you enter on the Philippine passport how would you leave?

You have no visa in that passport to enter the US.

If you show your US passport you will be asked where is the entry stamp?

I know this as I was given a very stern lecture by the emmigrations officer when I tried this very thing with my daughter, who is a dual citizen.

You MUST submit both passports when you enter the Philippines.

-phil

[Torete 121]

Balikbayans who present US passport only will have one year of stay in the Philippines. That is if you only present your US passport. But if you present both, after reacquiring your Philippine citizenship, then you can stay in the Philippines for as long as you want.

Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 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

[PhiLandShiR 18]

Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 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

Any Philippine citizen who takes the oath to become a USC, MUST file with the Philippine government to reaquire their Philippine citizenship.

My wife just went thru this last October.

-Phil

[PhiLandShiR 18]

Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 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

You need to include all of the law:

RA 9225 does not apply to dual citizens, i.e., those who have both Philippine as well as foreign citizenship not acquired through naturalization.

“..Natural –born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic.” (Section 3, RA 9225)

[Hank_ 9,173]

Balikbayans who present US passport only will have one year of stay in the Philippines. That is if you only present your US passport. But if you present both, after reacquiring your Philippine citizenship, then you can stay in the Philippines for as long as you want.

Actually for Balikbayan it is one day short of a year.

Now when exiting, as long as the stay was one day short of a year, presenting both allows a dual citizen to avoid the travel tax.

Edited November 26, 2014 by Hank_

[js030802 6]

Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 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

continue reading the entire provisions of the law R.A. 9225. Below is an excerpt of the FAQ regarding this law.

What is Republic Act No. 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.

Who are qualified to apply under the Citizenship Retention and Reacquisition Act of 2003?

Only natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country may retain/reacquire their Philippine citizenship under this Act.

RA 9225 does not apply to dual citizens, i.e., those who have both Philippine as well as foreign citizenship not acquired through naturalization.

“..Natural –born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic.” (Section 3, RA 9225)

as you can see from above, once you acquire another citizenship thru naturalization, i.e. US citizenship, you automatically lose your Philippine citizenship but not absolutely. therefore you must apply to reacquire your Philippine citizenship.

[manilaraf 28]

As part of the Oath Taking for becoming a US Citizen is this line:

"I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen"

http://www.uscis.gov/us-citizenship/naturalization-test/naturalization-oath-allegiance-united-states-america

Thus, legally, you have renounced your PHL Citizenship. Taking the Oath of Allegiance to the Philippines is a sort of legalistic machination so that you can reacquire it after previously renouncing it, even if you are a Natural Born Citizen. You legally renounced it and will regain it after applying and taking the oath.

I'm a dual citizen myself and know through experience. Also, after having a talking to by PHL Immigration one time, I now present both passports when entering and leaving the Philippines. When entering the US, I only present my US Passport. I've never gotten any friction from the gentlemen at the US POE.

[Greenbaum 12,258]

Tom_Jim, on 26 Nov 2014 - 2:59 PM, said:

Has anyone been back to the Philippines after U.S. naturalization? Do you bring your "IC" certificate of RP naturalization with you when presenting your Pinoy passport in MNL? I do not want to enter using my US passport because I may be there for 5 months - which is over the visiting threshold of the US passport.

Any one know or have had experience with this? If so, I'd love to know.

Thanks.

Balikbayan one-year visa-free stay

Balikbayans – any overseas Filipino returning to the Philippines, including former Filipinos who have acquired foreign citizenship – can stay in the Philippines without a visa for a period of one year. The balikbayan visa-free stay privilege is extended to the balikbayan’s non-Filipino spouse and children, provided they enter the Philippines with the balikbayan.

Former Filipino Balikbayans traveling to the Philippines are advised to bring either their old Philippine passport or copy of Philippine birth certificate as proof of their former Philippine citizenship. Accompanying family members of the balikbayan can bring appropriate supporting documents:

• For the spouse: copy of marriage certificate
• For each child: copy of birth certificate
• For adopted children: copy of adoption papers

Philippine Law (R.A. 9174) provides benefits to baikbayans:

• Tax-exempt maximum purchases in the amount of USD 1,500, or the equivalent in Philippine and other currency, at Philippine Government–operated duty free shops
• Exemption from Travel Tax, provided that their stay in the Philippines is one year or less. If their stay in the Philippines exceeds one year, Travel tax will apply to them.

From <http://www.philippineconsulate.com.au/balikbayan-one-year-visa-free-stay.html>

http://www.lawphil.net/statutes/repacts/ra2002/ra_9174_2002.html

[RWD 2]

Has anyone been back to the Philippines after U.S. naturalization? Do you bring your "IC" certificate of RP naturalization with you when presenting your Pinoy passport in MNL? I do not want to enter using my US passport because I may be there for 5 months - which is over the visiting threshold of the US passport.

Any one know or have had experience with this? If so, I'd love to know.

Thanks.

Both my mom and my uncle are naturalized United States citizens who haven't gone through the retention and reacquisition process. They only have US passports. They no longer have valid Philippines passports. When they traveled to the Philippines recently on their US passports, the Philippine immigration officer automatically gave them the 1 year balikbayan privilege due to the fact that in their US passport says their place of birth is the Philippines.

You should be fine with just your US passport when entering the Philippines and you could just mention to the immigration officer that you want to avail of the balikbayan privilege.

[Tom_Jim 40]

Interesting stuff. So basically, if I want to stay indefinitely without getting taxed, I need to present both passports. If I just want to vacation, just bring the US passport and ask for Balikbayan status and leave before a year.

Is that correct?

[RWD 2]

You should be fine with just the US passport alone for stays less than 1 year as long as it says you were born in the Philippines.

As for having both US and Philippines passports, if you stay 1 year or more, you have to pay the travel tax upon departure from the Philippines - even if you presented both US and Philippines passports upon arrival. For stays less than 1 year, you don't have to pay it. Just make sure they stamp both passports.