Dual Citizenship
Last day, we have this conversation about processing Immigration papers to Australia, and most of my colleague here in the company are already there, we've tackled about retaining citizenship and having a dual citizenship. As far as I know, it only applies to child born out of the country with filipino parents (even a combination of diff nationality) automatically, the child holds dual citizenship and when he/she is on a right age, when he/she can choose which country he/she will pledge his/her allegiance then thats the time the dual citizenship is concluded. For me Citizenship is a way of showing your allegiance and loyalty to the country you choose to live.
but since Philippine cannot abrogate laws governing other countries, it is bound to respect the laws of other land, meaning dual citizenship is allowed in our country under certain provision, for more details refer to Q10.
Ive done some researching and I've come up with frequent questions about the issue of Dual Citizenship
Q3 What is dual or multiple citizenship?
A. Dual or multiple citizenship is a situation where a person is simultaneously considered a citizen of two or more countries or states, by reason of the difference in citizenship laws of these countries.
Q4. What are the common instances of dual citizenship that may frequently apply to Filipino citizens?
A. The most common example is where a child of parents who are citizens of a country(like the Philippines) which follows the citizenship rule of Jus Sanguinis(blood principle) is born in a country(like the US) which follows the principle of Jus Soli(soil principle). The child is a Filipino and at the same time a US citizen.
Q5. Does a Filipino woman who marries a non Filipino lose her Philippine citizenship upon the marriage?
A. It depends.The loss or retention of Philippine citizenship by a Filipina marrying a non Filipino depends on the laws of the Philippines and that of the husband's country.
Before the 1973 Constitution, the Filipino woman lost her Philippine citizenship if by virtue of the laws of the husband's country, she acquires his nationality.
Under the 1973 Constitution, the Filipina retains her citizenship , unless there is an act or omission on her part which may be considered as one of the ways of losing Philippine citizenship under Philippine law (renunciation, naturalization, taking an oath of allegiance and joining the armed forces of the other country) This rule which has also been retained in the 1987 Constitution, is now the prevailing rule.
Q6. Does this rule apply to a Filipino male who marries a non Filipino?
A. Under the 1935 and 1973 constitutions, it only applied to the Filipino woman. Under the 1987 Constitution, it made the rule applicable to male or female Filipinos marrying non-Filipinos.
Q7. Does a non Filipino woman who marries a Filipino man acquire Philippine citizenship?
A. Yes, but it is not automatic, in the sense that non Filipino wife still has to prove in proceedings usually conducted by Philippine Immigration authorities that she has none of the disqualifications in becoming a Philippine citizen.
Q8. Is the rule the same in the case of a non Filipino marrying a Filipina?
A. No, Philippine citizenship is not acquired by the non Filipino husband. However, he is eligible to apply for permanent residence in the Philippines upon the petition of the Filipina wife.
Q9. Are there any potential problem areas for Filipinos in the possession of dual nationality?
A. Yes. The most common complication has to do with the immigration regulations and a perception that divulging a foreign nationality may affect their privileges as Filipino citizens. Others complex situations are in the areas of inheritance, property and taxation.
Q10. Is dual nationality allowed under Philippine law?
A. Although the Philippine Constitution provides that dual allegiance of citizens is inimical(unfavorable) to the national interest and shall be dealt with by law, Philippine law has no control over laws of other countries, and cannot rule that certain persons are citizens of other countries. Hence dual citizenship may not be avoided.
Q11. Has there been any law passed in the Philippine Congress to deal with dual citizens?
A. No but there have been bills filed in both the Philippine Congress and the Senate which propose various measures but which take opposing views in dealing with the issue of dual nationality. One of these bills make it obligatory for a dual citizen to report such fact to immigration authorities within one year from the passage of the bill, and for persons under 18 to make a choice within 2 years. On the other hand, other bills actually advocate the possession of dual nationality, and even proposes that former Filipinos who repatriate or apply to regain Filipino citizenship be allowed to retain their foreign citizenship.
Q12. While there is yet no law on dual nationality, how does the Philippine Immigration deal with minors or persons under 18, who are brought to the Philippines by their parents in order to study or reside, or what kind of status are they given?
A. Fortunately, Philippine Immigration authorities allow such minors of dual nationality, to file what is known as a Petition for Recognition. It is in reality, an administrative recognition of the dual nationality of the minor. The effect is that while in the Philippines, the minor is allowed the privileges of a Filipino citizen such as residence and enrollment in Philippine schools and is even allowed to travel using the foreign passport. This procedure allows the dual citizen-minor to reside and study in the Phlippines without having to apply for resident or student visas, thus sparing them from the high costs and bureaucratic procedures associated with such visas. (More information about this and related matters would be in the section of immigration.)
Q13. What are the ways under Philippine law of losing Philippine citizenship?
A.
By naturalization in a foreign country
through express renunciation of Philippine citizenship
By taking an oath of allegiance to support the constitution of a foreign country
By enlisting and serving in the armed forces of a foreign country.
Q14. How does a former Filipino regain the former Philippine citizenship?
A. Either by naturalization in courts, or through a petition for Repatriation, lodged with the office of the Solicitor General in the Philippines or with the nearest Philippine consulate. Naturalization is the more tedious procedure and takes years to complete, while repatriation is simpler and may be completed within months if requirements are complete.
Its a lot more explaining and researches to do to fully understand law but it pays a lot when we know our rights and act and defend for it.
