More information on Citizenship
As I told you a couple of weeks ago, we went down to General Santos City for our annual Check-In with the Bureau of Immigration. This is required for all foreigners that live here with a Resident Visa, you must check in once per year, in either January or February.
During this visit to the BoI office, I had an opportunity to sit down and talk with the local BoI Commissioner for General Santos City. Feyma took care of all the paperwork for the check-in, so I was free to have the discussion while finishing the check-in. I was able to gather a few very interesting facts while we talked.
Feyma and I have been pondering for a couple of years now whether we feel that Feyma would be best served to file for Dual Citizenship. Basically, this would leave her US Citizenship intact, while restoring her Philippine Citizenship as well. One of the main reasons why we had thought about doing this was because one of our kids, Aaron, wants to attend Philippine Science High School, which is a special High School which is specifically for students who are gifted in the field of Science. Aaron has a good chance of being accepted at Philippine Science High School. However, there is one catch. You see, anybody who attends Philippine Science High School must be a Philippine Citizen.
So, it was our thinking that Aaron (AJ, as we call him) would become a Philippine Citizen if his mother (Feyma) re-acquired her Philippine Citizenship. However, a while back, I was thinking about this, and realized that Feyma was a Philippine Citizenship at the time of AJ’s birth, thus he should rightfully be a Dual Citizen already. Just to confirm this, I asked the Commissioner. He told me that it is indeed true that AJ is already a Philippine Citizen, as well as an American Citizen. However, the law of the Philippines is that you are treated as what you declare yourself to be. By filing for a Resident Visa for AJ, we declared him to be an American Citizen. Thus, while he is legally a Dual Citizen, he must take steps to retain his Philippine Citizenship now. That step is to simply go to Manila, to the BoI headquarters and to file a paper stating that he considers himself to have retained his Philippine Citizenship.
So, if you have kids who are in the same position as mine, and you decide to move here, you are better off to simply move here without applying for a Visa for your child. That way, he retains both his Philippine and Foreign citizenship in the eyes of the Philippine Government.
I also asked the Commissioner about the procedure for Feyma to apply for Dual Citizenship. His advice to me – don’t apply for Dual Citizenship in the Philippines. It is riddled with problems, and takes a long time. He said it is best to just forget about the Dual Citizenship, or to go back to your home country to make the application, where it is done much quicker and more efficiently. At this time, Feyma has decided not to apply for Dual Citizenship, as we really don’t see any advantages in doing so.
Hey Bob
Very Interesting information here as our Son was born before my wife became a US Citizen as well. I researched as much as I could on the “Official” Philippine Consulate website, and from what I got out of it our Kids are considered Native Born Citizens. I have tried to call the Consulate in NY but I got put on “terminal hold”
My Son is very much interested to get his Philippine Passport if he can and I think he is going to apply for it through the NY Consulate.
He wants to keep his options open so when we do relocate to PI he may/may not join us there.
Forgive me for boasting about my Son, but we all do it. Check him out as he recently appeared on Wheel Of Fortune on 10/16/07.
http://www.youtube.com
Search: halflip876
Hi Neal in RI – Cool! I just watched your son on YouTube! He’s a good looking kid, no doubt about that. Don’t ask forgiveness for boasting, we should all do that!!!
Yes, I believe that your son can get his Philippine Passport without any problems, he just needs to apply for it. Since his mother was a citizen at the time of his birth, he indeed would be classified as a “Natural Born Citizen” of the Philippines.
Again, Congrats to you and your son!
Hey Bob
Thanks for checking out my kid.
Oddly enough my Son is like yours very much interested in Science, he is in his 3rd year studying Biology, he wants to be a Genetic researcher.It must have something to do with the Phil/Am blood
Im pretty ignorant(but curious)about schools there in PI. My wife says she went to Ateneo Davao and she cannot recall any other high schools. So I am guessing that the Science High School is a private school. That seems to pretty strict rules for only being a PI Citizen to get into that school. If I recall correctly, a little soft $$ from one hand to another goes along way there.
Hi Neal in RI – Oh, there are literally hundreds of high schools in Davao City! And, sorry (or maybe happy) to say, you won’t get into Philippine Science High School with a bribe. Actually, Philippine Science is a Public High School, but only for the best and brightest kids. For example, out of thousands of students from Ateneo de Davao (that’s where my son goes too) only one or two students from ADDU are able to be accepted into Phil. Sci. It is really a class A high school!
PhiSci (as we locals call it) is definitely top notch. i once dated a girl who studied there & she moved on to chemical engineering in college & i hear she later got a top lab job in singapore. it is difficult to get in & i don’t know a lot of graduates from that school. they’re legit.
as a kid growing up in davao, i can safely say that phisci students were looked upon as smart students because they got in. there was an air of mystery to them too. we rarely saw them being so far from the city & having not seen a competitive varsity team from them.
i also like the location of the school. it was once looked as quite far from the city, but nowadays, with the road improvements, it’s a good serene spot that the students don’t get easily distracted by malls & theaters. i should know, i studied (& lived) for 2 yrs in the nearby UP Mindanao (or as my brother call it UP Mintal).
All the luck to AJ in getting in Phisci.
On Dual citizenship, it’s interesting about the BOI commish’s comments on having it easier to apply overseas than there. My mother just said the same exact thing over the phone the other night. She & my sister (both US citizens – my mom born a citizen) are vacation the US later this year & will be applying here instead. She was advised to do so also by someone familiar with these things.
i guess my wife & I should do the same. we recently got our US citizenship & plan to apply for dual. we might as well do it here in california.
no need for barangay clearances, notarized typewritten paperwork (with some liquid erasing, of course) & all that hubub that makes red tape in the philippines oh so special.
on high schools in davao, bob is right. there are literally hundreds in the city (public & private). like many cities, some so-so’s & some quality ones as well.
aside from ADDU, there’s also Stella Maris Academy (where the children of US diplomats of the local US consulate used to attend in the 80s. i attended both schools, hence the bias). I can name many more, but it’s quite easy to look them up on the net.
sorry for the long posts, bob.
Hi macky – no need to be sorry for the long comments – you have some good info there! Yes, if you want to get your dual citizenship, I highly recommend doing it there! It is the same for foreigners wanting to get a resident visa to live here, it is quick and easy to get it abroad, but getting it inside the Philippines is a long arduous task!
That piece of news about your son being what he was declared to be was news to me … and cleared up some mystery,and posed others. I’m glad you reported on it. For some reason there is a huge amount of information and mis-information that floats around the groups and blogs … many former Filipinos are hesitant to reacquire their Philippine citizenship, for reasons I do not know. People lobbied for years to get RA-9225 (the dual citizen law) passed to eliminate all these issues, and yet many now steer away from the opportunity like the plague … it’s a mystery to me … my wife did not take steps to get her US citizenship until RA-9225 was on the books, declaring that if she could only be ‘one’, she would stay a Filipino. Now that she can legally be both, she’s happy to have both passports .. and she patiently waited today while I extended my visa and took care of my annual report … something she never has to bother with.
One advantage to parents is, as you have noted, that children under 18 are automatically made Filipino citizens when the parent reacquires. Folks outside the Philippines would be well advised, in my opinion, to register births with the Philippine embassy a get get their children Philippine birth certificates and passports … who knows what the future may hold … Americans may not think very highly of Philippine citizenship, but it is the children’s birthright, after all.
I respect the advice you got, but my wife reaquired her Philippine citizenship in one day (she waited a while for the papers to flow, but she made only one trip to Intramuros), it’s basically just a simple one page form and the usual 2×2 pictures, copies of birth certificate, etc.,so I don’t know that the gentleman’s advice is accurate.
RE: PhilSci … they have a number of branches across the Philippines and it is indeed tough to get in there … one of my nieces tried to get into PhilSci Manila last year but didn’t make it, she’s now in Quezon City Science High, a school with similar standards. She certainly paid no bribes nor were bribes solicited.
Bob,
I am in a boat just like yours but on the other side of the river. My kids have their Philippine Citizenship but not there American Citizenship. The information on Dual Citizenship for the wife is a good peace of information though. Thank you both Bob and David Starr.
Hey Bob,
after reviewing this blog, there is a chance that I may have downplayed the elite status of the Phil Science School by suggesting that a bribe may help with the admissions process.
No harm meant
Hi Bob – My children have Philippine Birth Certificates and Passports because they were born in the Philippines. I also registered them with the British Embassy in Manila who issued them with British Birth Certificates and Passports.
I re-acquired my Philippine Citizenship last year at the Phil Embassy in London and I was with fellow british nationalised filipinos there who were already retired back in the Phils. They came back to the UK to visit family and friends and then took the opportunity to apply for dual citizenship while here on vacation.
Thanks for posting this Bob.
I’m not sure if I mentioned it in my previous posts, but this is the top reason why I will want to become a dual citizen, aside from other perks. I wanted my son to become a Filipino citizen so that he can meet the citizenship requirement of PSHS. I was already naturalized when he was born. Though we still have a decade to wait if he’s really “mentally” qualified.
When I was in 6th grade in Gensan, around 1987-88, I took the first screening of the exam for Davao campus, and passed. However, I didn’t take the second screening because I knew my parents can’t afford to support my other needs/requirements. In fairness to my parents, we’re not that poor though, we’re just not liquid as others. I think the school is free like other public schools because it’s government-owned, and you can or have to live on campus. I don’t know now. I remembered the Davao campus was fairly new at that time, around 5 yr. old or less, if I’m not mistaken.
Back to dual citizenship, I am almost 100% complete with the paper requirements, just waiting for tax season to be over to process it because you have to be physically present in the embassy for the approval. As long as you have the complete requirements, approval will be in the next day or two after submission of requirements. I am speaking for the NY and DC branches only.
Hi Bob,I am slightly confused on the citizenship issue.If a filipina leaves Phils and takes up the nationality of her foreign husbands country i presume she has given up her filipina citizenship and is then technically classed as a foreigner her self.Would this not prohibit her from buying property in phils when she returns permantly.Wrongly or rightly i am presuming she would have to reinstate her phils nationality,or acquire dual citizenship to regain her rights as a Phils citizen.
Hi Dave Starr – In Feyma’s case, it comes down to the question of what benefits are there for her to re-acquire her Philippine Citizenship, and really she sees no benefits in it. About the only thing is land ownership, but as a former citizen she is able to own land in a sufficient quantity for our desires anyway.
Hi Mike K. – Getting American citizenship for your kids should be quite easy, just go to the US embassy and claim it. They sometimes require DNA testing to prove that you are the father, but if they pass that (not saying they won’t!) they are in without a hassle!
Hi Neal in RI – Don’t worry, no harm! I didn’t take it in a negative way, no big deal!
Hi Marilou – That’s great! Congratulations to you!
Hi Lea – Good luck to your son, I hope that he is able to get into PhilSci, and maybe he and AJ will see each other there! You are not required to live on campus at PhilSci, but it is available for out of towners. Do you know how much the room and board is? P50 per month! It is heavily government subsidized, because they want the brightest students, regardless of family income. That’s amazing, don’t you think? I had a tour of Davao Campus of PhilSci last year, and the dorms are rather nice too!
Hi Chas – A Former Philippine Citizen is allowed to own land, but in limited quantities. As a former citizen 1,000 square meters of city property can be owned, or 1 hectare of rural property.
I am wondering about the BOI staff’s advise against getting applying there in the Phils for Dual Citizenship (takes too long, etc.). I guess 1 month wait is long, compared to a shorter period it takes here in the US. When I went to Naga Coity last October 2007 for a 10-day visit with my family, I processed my application there. I got the notice (approval) in the mail a month later (mailed to a local address I designated). My sister emailed me the scanned copy of of the document. No hitches encountered, whatsoever.
Hi Ruth – Congratulations to you! When you say “I guess 1 month wait is long” that is not really a fair statement,is it. I am not questioning your experience, I am sure that it is just as you say. But, that is a different office. According to what the Commissioner in GenSan told me, it would take much longer there. All I know is what I was told by official sources. If it took one month, I guess that would be different.
Hi Bob,thanks for clearing up my confusion.BTW, this is the best expat site in Phils,so many others are so out of date and rarely updated,keep up the good work,regards,Chas.
Hi Bob,
I’m not a U.S. citizen yet but as soon as I obtained my citizenship here, I am planning to apply for my dual citizenship. I guess applying for dual citizenship is not only beneficial for me but for my husband as well. Once we moved back to the Philippines for good, I won’t have to apply for residence and my husband can apply for permanent residence. Also, when we ship our personal property to the Philippines we will save on Customs Duties and Fees.
I can work as a teacher again, if I want and I can also vote for local and national elections at home.
Hi chas – Thanks for your compliment on the site, I appreciate it very much!
Hi Laura – Even if you are a US Citizen and do not have dual citizenship, it will not affect your husband’s ability to apply for residence. His rights are the same whether you are a citizen of the Philippines or a former Citizen of the Philippines. Also, as a former citizen your rights to bring in personal property are the same as if you were a citizen.
Understand on the personal choice, Bob … but also, as recounted by Ruth’s account … reacquisition is hardly ‘arduous’, and since BI Hq in Intramurous is the only office which actually processes reacquisition applications, I don’t see what difference it makes to a local office… of course, like everything else, when it comes to the BI, YMMV
@ Marilou, a small point of clarification … your children are not Filipnos because they were born in the Philippines, they are Filipinos because you were a Filipino at their birth. Unlike the US law, being born in the Philippines does _not_ convey Philippine citizenship on a child … under the current (1987) Constitution, only the citizenship of one or both parents conveys citizenship … it’s confusing, this citizenship stuff
Hi Dave – Thanks for the clarification.
Sorry for the confusion. I didn’t mean to imply that being born in the Phils entitles an automatic Phil citizenship. Perhaps I should expand. We were living in Nigeria at the time but I went home to the Phils everytime I gave birth because I wanted to be looked after by my Mum in a familiar environment. What I wanted to convey in my post above is that we were home in the Phils for both births (before 1987) and that’s how my children happened to acquire both Phil and British birth certificates and passports.
Hi Dave Starr – It really comes down to a personal choice when it comes to Citizenship. Feyma simply doesn’t care to be a Philippine Citizen at this time. Perhaps she will change her mind at some time, but it is really her choice, and nobody elses. Regardless if it is easy, hard, or whatever, each person must decide on their own where their allegiance lies. At this time, Feyma has chosen that, and it’s not up to me or anybody else to say that her choice is wrong, no matter the reason that she has chosen. That’s just my opinion, and I think that it is valid.
Hi Bob – I’ve just finished reading the various posts and comments in the Visa area and I still have a couple of questions:
1) Since the land we purchased is in my wife’s name and I being an US Citizen, where do things stand if my wife were to pass away before me?
2) My wife is currently a Philippine citizen and a green card holder here (US). Is my wife required to come back to the US every year, if she doesn’t become US Citizen and wants to maintain her status after we move to PH? If she becomes a dual citizen, how does that affect things or does it? Is there any down side to her becoming a dual citizen?
Hi Randy c – Here are my answers to your questions… remember, I am not a lawyer, so this may or may not be correct. It is my belief that this information is correct, though.
1. If your wife dies ahead of you, at this time, you would have to sell the land, because you could not legally own it. Alternatively, if you come here to live, after you have legally been a resident for 5 years (with a resident visa), you would then be entitled to inherit the land from your wife in the event of her death.
2. If your wife leaves the USA for an extended time (I think 6 months) her green card would no longer be valid. For her to return to the USA you would have to go through the entire application process again. I would highly recommend that Rechie get her US Citizenship. Then, immediately file with the Philippine Embassy to become a dual citizen. When she has those two things done, she is a citizen of both countries, and there are no downsides that I am aware of.
Good luck!
I am a naturalized US citizen when my son was born in 1986. He is now 20 years old and would like to be a dual philippine citizen, is that possible? pls let me know.Thank you
hi im a filipino who is born and raised in the philippines i got married with the american citizen and now have a 3 yr old son who was born in the philippines and now is a us citizen we are in the us right now but are planning to stay in the philippines for a while.im not naturalized yet to be a us citizen im holding a permanent resident visa what do we need to do to stay in the philippines for a long time without losing my sons foriegn citizenship
hi,bob im filipina going to citizenship next year im married to american,i want to visit in the philippines,how long can i stay in the philippines?
Hi marie – I am sorry, I don’t really understand what it means when you say “going to citizenship next year.” You mean you are going to be a US Citizen next year? Just want to make sure.
If you visit the Philippines… if you are a US Citizen, you can stay here for 1 year on a Balikbayan Visa, then convert that to a tourist visa and stay another 16 months, so a total of 28 months stay.
If you are a Philippine citizen, of course you can stay as long as you want.
Hi Dina – If you were already naturalized when your son was born, I am not sure he qualifies for Dual Citizenship. You should check with the DFA and get a ruling on that.
Thanks
Hi Dina – Way sapayan!