Today we got a comment and question from Mike Eslick.
Here is what Mike had to say:
Hi Bob..
I am married to a Filipina and she’s been here for almost 3 years and all is well.. My Mother inlaw is also married to an American (retired Navy) and they are considering moving to the Philippines. My Mother inlaw is working on her US citizenship.. will she have to renounce her Philippine citizenship when she gets her US citizenship? My Father inlaw needs to get a dual citizenship. They live in Phoenix Az and I am wondering if someone can give me a idea on how long the process take for a US citizen and the monies involved and does he have to appear in person at the Philippines consulate?
Thank you for any advice
Mike
Hi Mike,
If your father in law is a natural born American Citizen, as you seemingly indicate, he can not obtain dual citizenship, he does not qualify. That does not mean he cant live in the Philippines, it just means that he cannot be a citizen. He can, after living here for 5 years become a Philippine citizen, but will have to renounce his US citizenship, as foreigners are not allowed to be dual citizens. That is reserved for former Philippine citizens only.
As for your Mother in law, part of the process of becoming a US citizen is renouncing your former citizenship, so she will indeed have to renounce her Philippine Citizenship, but she can apply for dual citizenship and reacquire her Philippine citizenship any time after she becomes a US citizen. It is very easy to do, inexpensive, and she will then be a citizen of both countries.
Thank you for visiting, Mike, and good luck.
Ronald McCarthy
Sorry Bob, but US citizens certainly may be Naturalized Philippine citizens and doing so will NOT affect their US citizenship.
While it is true that to take the oath of Naturalization to become a Philippine citizen, one must “renounce” their foreign citizenship, the US does NOT recognize the renunciation as being valid. The ONLY way that a US citizen may voluntarily renounce his citizenship is to go in person to a U.S. embassy or consulate and sign before a consular officer an oath or affirmation that he intends to renounce his citizenship. This will have no effect upon their Naturalized citizenship with the Philippines. Nether countries care how other countries recognize their citizenships.
Bottom line; if a person really wishes to go to all of the effort and expense to become a Naturalized Philippine citizen, it will NOT affect his US citizenship and he will become a dual citizen.
MindanaoBob
I am sorry Ron, but on this one you are incorrect.
Philippine law specifically states that you must renounce your foreign citizenship.
Yes, you are right, you can do a “fake” renounciation, but that would not be in compliance with Philippine law. Yes, it is possible to become a fake Philippine citizen by not following the law, but if you want to follow the law of the Philippines as your first act of being a citizen, then you must renounce your citizenship.
If you renounce your US citizenship properly (not fake) then it is most certainly recognized by the US government. It is a long process, costly and legally recognized by the US Govt if you do it correctly.
Paul Thompson
If a retired US Military member renounces US Citizenship (The Correct Way) they should not be surprised when the checks from their Uncle stop. For you must remain eligible for a recall to active duty at all times. (Medical reasons will be case by case)
MindanaoBob
That is so true, Paul. If a person a commitment like the military commitment of needing to be ready to go back if called, they really would not be right to pledge their allegiance to another country. The Philippines very specifically says that you must renounce your citizenship in order to be a citizen. That is a very specific act that is a serious thing, not just a game of “saying” that you renounce. A serious person should keep that in mind.
Great info, Paul, thanks for sharing.
DaveJoh
Hi Bob
A bit more info for Mike.
What are the ways under Philippine law of losing Philippine citizenship?
1. By naturalization in a foreign country
2. Through express renunciation of Philippine citizenship
3. By taking an oath of allegiance to support the constitution of a foreign country
4. By enlisting and serving in the armed forces of a foreign country.
The following refers to Australia but I would guess America would be similar
Introduction note
Dual citizenship is the status whereby a person is concurrently regarded as a citizen of two countries. Former natural-born Filipinos who have acquired citizenship of another country (for example, Australia) can reacquire their Philippine citizenship through the provision of the Philippine law Republic Act 9225 (Citizenship Re-acquisition and Retention Act of 2003). Persons who were naturalized Filipinos and had acquired the citizenship of another country are not eligible for Philippine dual citizenship.
A Primer on Philippine Dual Citizenship
What is the Citizenship Retention and Re-acquisition Act of 2003?
Republic Act. No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003 is a law enacted by the Philippine Congress on 29 August 2003 which provides the procedure for natural-born Filipinos to re-acquire their Filipino citizenship after losing their Filipino citizenship through naturalization in a foreign country.
Who are eligible for Philippine dual citizenship?
All natural-born citizens of the Philippines who have acquired Australian (or any other) citizenship are eligible to be a Philippine dual citizen. A person is a natural-born Filipino citizen if s/he was born to a father and/or mother who was Filipino at the time of her/his birth.
How does one re-acquire Filipino citizenship?
Under Republic Act No. 9225, a natural-born Filipino who lost her/his Filipino citizenship through naturalization in Australia may re-acquire Filipino citizenship by taking the Philippine Oath of Allegiance before a duly authorized Philippine official. The Philippine Oath of Allegiance does not require the renunciation of citizenship in any other country.
Does Philippine dual citizenship affect the status of Australian citizenship?
For Filipino-Australians (or former Filipinos who have acquired Australian citizenship), Philippine dual citizenship does not affect in any way the conditions or status of their Australian citizenship. However, persons who hold an elected office or are seeking an elected position might be required by their political party to renounce any non-Australian citizenship.
Does a dual citizen need to reside in the Philippines?
Residency in the Philippines is not required of those who wish to re-acquire or have re-acquired Filipino citizenship. Those who intend to vote in local elections, however, must establish residence in the locality where they wish to vote.
What rights and privileges is one entitled to on re-acquiring Filipino citizenship?
Dual citizens enjoy the full civil and political rights of Filipinos as guaranteed by the Philippine Constitution and existing Philippine laws. These include:
◦right to vote in Philippine national elections
◦right to own land and property in the Philippines
◦right to engage in business or commerce as a Filipino
◦right to travel bearing a Filipino passport
◦all rights and privileges enjoyed by Filipino citizens
DaveJoh
Bob
Mike also asked how his father in law can get citizenship. The following qualifications are set out in the Naturalization Act.
First. He must be not less than twenty-one years of age on the day of the hearing of the petition;
Second. He must have resided in the Philippines for a continuous period of not less than ten years;
Third. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living.
Fourth. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;
Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages;
Sixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.
Sec. 3. Special qualifications.
The ten years of continuous residence required under the second condition of the last preceding Sec. shall be understood as reduced to five years for any petitioner having any of the following qualifications:
1. Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions thereof;
2. Having established a new industry or introduced a useful invention in the Philippines;
3. Being married to a Filipino woman;
4. Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years;
5. Having been born in the Philippines.
MindanaoBob
Hi,
Mike’s father in law is a former Philippine Citizen, so naturalization int he Philippines does not apply. He was naturalized as a US citizen, so all he needs to do is apply for dual citizenship under RA9225 and he will instantly be a dual citizen.
Delaila
Hi bob. Thank you for the information. I have a question please. I am was born to a filipino mother but left the Philippines when i was 2 years old and never renewed my filipino passport and was given my father’s nationality and i thought all the time that my filipino citizenship was renounced because dual citizenship is not allowed in my country, i am now 27 and i need a (certificate of no allegiance to the Philippines) or (proof of not being a filipino citizen) or a certificate that says i have PERMANENTLY lost my filipino citizen 20 years ago. How can i do that? I checked with the embassy in my country they felt strange with my question and they weren’t helpful they told me to travel to the Philippines. I can’t do that and i have never been there as an adult and i have no relatives or ties. I need a proof that i am no longer a citizen. Please advise.
MindanaoBob
I am sorry, I have never heard of any kind of document to prove that you are not a citizen. I wish I could help you out, but this is not something that I know anything about.
Hannah Abdullah
Hi Bob! I’m Hannah I’m a Filipino citizen,I’m married to an Indian man.. We’re here in Saudi at the moment.. Just gonna ask if do we need to go bck in Philippines to process the Temporary Residence Visa (TRV) Coz we try to process here and ask the people at the Embassy in Riyadh but the said they didn’t process the TRV.. Coz I’ve been searching in the Internet to whom we go to get through of this TRV..
Thanks and Regards,
Hannah
MindanaoBob
Sounds like the Embassy has already answered your question.