PCG New York Philippine Dual Citizenship FAQ : newyorkpcg.org
Organisation : Philippine Consulate General New York, USA
Election Name : Philippine Dual Citizenship FAQ
Applicable For : Filipino Citizens
Applicable Country: New York, USA
Website : https://newyorkpcg.org
FAQ On Dual Citizenship In Philippine
Frequently Asked Questions FAQ On Dual Citizenship In Philippine
1. How long will the process for applying for dual citizenship take?
If the documentary requirements are found to be in order, an oath taking ceremony will take place on the same day of the appointment schedule.
2. What if there is a discrepancy in my name?
** The Order of Approval granting the application shall state your name as appearing in the birth certificate, followed by an alias or “also known as” (AKA) indicating the name as appearing in your foreign passport.
** If you secured a correction of entry of your birth certificate with the appropriate Local Civil Registrar or the Court, the Order of Approval and the Identification Certificate, if any, shall state your name as reflected in the annotated birth certificate
3. What are the implications on payment of income taxes?
** Under the Philippine Comprehensive Tax Reform Program of 1997, incomes earned overseas by Filipinos from 1998 onwards are no longer taxable by the Philippine government.
** Hence, all Filipinos abroad, including those who have retained/reacquired their Philippine citizenship, have been exempted by the Philippine Government from paying Philippine income tax on incomes earned abroad.
** Incomes earned in the Philippines, however, will be subject to Philippine income tax.
** Prospective applicants are advised to visit and read the contents of the website of the U.S. Internal Revenue Service, which contains information about current U.S. government policy on taxes on incomes earned worldwide, or to seek legal advice from a U.S. tax lawyer.
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4. What are the rights and privileges that I would enjoy when I retain/re-acquire Philippine citizenship?
Once you reacquire/retain your Philippine citizenship, you will again enjoy full civil, economic and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines under existing Philippine laws.
Among these rights are:
** The right to travel with a Philippine passport;
** The right to own real property in the Philippines;
** The right to engage in business and commerce as a Filipino; and
** The right to practice one’s profession, provided that a license or permit to engage in such practice is obtained from the Professional Regulation Commission (PRC), or the Supreme Court in the case of lawyers.
** You may also vote in the Philippine national elections (for President, Vice President, Senators and sectoral representatives) in accordance with the provisions of the Overseas Absentee Voting Act of 2003.
** Your foreign spouse also automatically becomes eligible for an immigrant visa.
** You will enjoy all other right and privileges enjoyed by Filipino citizens.
5. Is there a residency requirement to be eligible for dual citizenship?
** Residency in the Philippines is NOT a requirement for those who retain/reacquire Philippine citizenship.
** Those who intend to vote in local elections, however, must establish residence in the locality where they wish to vote.
6. Can I now reside in the Philippines?
** Having retained/reacquired your Philippine citizenship, you can reside in the Philippines for as long as you want without having to apply for entry visa and paying immigration fees.
** You can choose to retire or permanently settle in the Philippines.
7. Will my application for dual citizenship under RA 9225 affect my US citizenship?
** The Act does not require one to renounce his or her US citizenship. Also, there is no prohibition against dual citizenship in the US.
** The US Supreme Court, as early as 1952, has stated that dual citizenship is a “status long recognized by law” and that “a person may have and exercise rights of nationality in two countries and maybe be subject to the responsibilities of both.
** The mere fact he asserts the rights of one citizenship does not mean that he renounces the other” (Kawakita v US, 343 US 717).
** In 1964, the US Supreme Court also ruled that a naturalized US citizen has the right to return to his country of origin and resume his former citizenship while remaining a US citizen, even if he never returns to the US (Schneider v. Rusk, 377 US 163).
8. I still have a valid Philippine passport, which I renewed before I got naturalized as a US citizen. Now that I have retained/reacquired my Philippine citizenship, can I still use this passport?
** No, your old Philippine passport was rendered null and void the moment you were naturalized as a US citizen.
** You must surrender it to the Consulate for cancellation. You are, however, eligible to apply for a new Philippine passport upon the successful retention/reacquisition of your Philippine citizenship.
9. Will my foreign spouse, who will travel with me to the Philippines, be required to secure additional travel documents from the Philippine Consulate before leaving?
** The answer would depend on the intended period of stay in the Philippines and if the spouse is a visa-required national under the Philippine visa regulation.
** Foreign spouse (as well as children) included in the visa waiver category may avail of the Balikbayan-Program for stays of up to one (1) year.
** Otherwise, they would need to apply for an appropriate visa.
10. Can my spouse, who is not a former Filipino, live in the Philippines?
** An immigrant visa may be issued to a Filipino citizen’s foreign spouse which entitles him/her to permanently reside in the Philippines.
** The visa may be obtained by applying at the Philippine Consulate General.
** The effectivity of the visa, however, is contingent upon the Filipino citizen’s retention of his/her Filipino citizenship.