RA 9225, otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003” took effect on September 17, 2003. It is an act declaring that former natural-born Filipino citizens who acquired foreign citizenship through naturalization shall be deemed not to have lost their Philippine citizenship.
Natural Born means:
- Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
- Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority shall likewise be deemed natural-born citizens.
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 naturalization; (b) apply for a permanent resident visa.
Whom among my dependents can apply for dual citizenship?
According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship under this Act shall be deemed citizens of the Philippines.
I acquired my foreign citizenship through marriage, can I apply for dual citizenship under RA 9225?
Yes, the law applies to former Filipino citizens who acquire their foreign citizenship by marriage.
What privileges will dual citizens enjoy? What are the benefits?
- 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.
- 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;
2. 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.
3. Reside in the Philippines continuously without having to apply for entry visa.
4. Allowed to practice profession however you should apply with the proper authority for a license or permit to engage in such practice.
Will I now be required to pay income tax and other taxes? Am I exempt from paying the travel tax?
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.
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.
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.
Where do I apply for re-acquisition of Philippine Citizenship if I am in the Philippines?
If in the Philippines, an application shall be filed at the Bureau of Immigration.
How much do I have to pay for RA 9225?
ARRIVAL AND STAY
1. Filipinos with dual or multiple citizenship shall present, upon arrival in any port of entry in the Philippines, either a Philippine or foreign passport.
2. Filipinos with dual or multiple citizenship, who represents a foreign passport, may be admitted for an indefinite period of stay, being a Filipino, provided, he/she possesses and shows a genuine and valid Philippine passport and/or Identification Certificate. In the foreign passport, the immigration officer shall put either of the following notation on the provision for the authorized stay in the arrival stamp:
L“IC” – if an Identification Certificate is presented.
Filipinos with dual or multiple citizenship, who presented a foreign passport at the time of their admission into the Philippines may be cleared for departure without need of surrendering a certificate, permit or proof of payment of imposable immigration fees, provided, he/she also shows a genuine and valid passport and/or Identification Certificate. However, if the Filipino does not have a Philippine passport, an Emigration Clearance Certificate (ECC) fee of P710.00 shall be charged for using a foreign passport upon departure.
In the arrival, stay and departure of Filipinos with dual or multiple citizenship, where the Filipino presents a Philippine passport and a foreign passport, the arrival or departure stamp shall be stamped on both passports. In the foreign passport, the immigration officer shall put either of the following notations on the provision for the authorized stay in the arrival or departure stamp:
“PP”- if a Philippine passport is also presented, or
(MEMORANDUM ORDER NO. AFFJr. – 04 – 025 dated 14 December 2004).
MAY AN OVERSTAYING ALIEN APPLY FOR R.A. 9225?
The answer needs a qualification.
If an alien is a former Filipino, and had overstayed, he/she may apply for R.A. 9225. During his/her application, he/she must not leave the Philippines until his/her application has been approved. Otherwise, he/she will be charged for all lawful fines and penalties due for overstaying. Thus, 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 or reacquire Philippine citizenship.
On the other hand, if an alien is not a natural-born citizen of the Philippines who have lost his/her Filipino citizenship, he/she cannot apply for R.A. 9225.
For more information visit this link Dual Citizenship or call:
Bureau of Immigration National Operations Center (BINOC)
+632 524-3769 | +632 524-3824 | +632 523-4870
1-800-100- ALIEN (24/7 Toll Free)
For immigration inquiries, send it at:
Dual Citizenship Hotline
+632 301-0756 | +632 309-7751 (Fax)
Source: Bureau of Immigration website
- Republic Act 9225 Citizenship Retention and Re-acquisition Act of 2003 (philippinenewsonline.wordpress.com)