dual citizenship (ra 9225)
Republic Act 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 (more popularly known as the Dual Citizenship Law) enables former natural-born Filipinos who have become naturalized citizens of another country to retain/reacquire their Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines before a Philippine Consular Officer. Upon retaining or reacquiring their Philippine citizenship, they shall enjoy full civil, economic and political rights as Filipinos.
Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted, of former Filipino parents who retained/reacquired their Philippine citizenship under this law, may also be deemed Filipino citizens, if they are included in the parent’s application for retention/reacquisition of Philippine citizenship and the requisite fees paid.
HOW TO APPLY
STEP 1. Set up an appointment
STEP 2. Proceed to the Consulate on the appointed day and time
Wearing a face mask at all times inside the premises of the Philippine Center is required.
STEP 3. Proceed to the Consulate for interview/Oath-taking on your booked appointment for the following:
- Bring original and submit two copies of required documents, including required photos;
- Interview;
- Payment of processing fee ($50.00 for principal | $25.00 for each dependent child); and
- Oath-taking
BASIC REQUIREMENTS FOR PRINCIPAL APPLICANT
A. Duly Accomplished Dual Citizenship Application Form
Download an Adobe-fillable dual application form here.
For instruction on how to fill out the form, please click here.
Applicant must not sign the application. This must be signed later before a Consular Officer.
B. PSA Birth Certificate
Submit a copy of the Birth Certificate issued by the Philippine Statistics Authority (PSA or formerly National Statistics Office/NSO). Applicant should have the original document readily available.
To get a PSA-authenticated birth certificate, you can order online through http://www.psaserbilis.com.ph OR the applicant may wish to designate a representative to secure it from the PSA and send it via courier.
If there is no record of birth with the PSA, check first with the local civil registrar (LCR) where the birth took place. If LCR birth record is available, the LCR should forward/endorse its copy to the PSA. If LCR does not have a copy of applicant’s birth record, the applicant or his/her duly appointed representative may apply for late registration of birth at the local civil registrar at the place of birth.
C. Latest Philippine Passport (if available)
Submit a copy of the data page of latest Philippine passport.
D. PSA Marriage Certificate
Required for married women. Submit a copy and have the original document ready for vetting. Please see above on how to secure a PSA-issued document.
E. Death Certificate
Required for widow. Submit a copy and have the original document ready for vetting.
F. Divorce Decree or PSA Marriage Certificate with Annotation on Divorce
Required for applicant who has previous marriages or divorced. Submit a copy and have the original document ready for vetting.
G. US Naturalization Certificate
Submit a copy and have the original document ready for vetting.
If this is not available, applicant must obtain a Certification from the US Citizenship and Immigrant Services (USCIS) indicating that the applicant has obtained US Citizenship, including date of naturalization and Certificate number. This can be requested by sending an email to foiapaquestions@uscis.dhs.gov
H. Valid US Passport
Submit a copy of the data page of valid US passport. Have the original passport ready for vetting.
I. Applicant’s Photos
On appointed date, bring four (4) colored 2″x 2″ photos, with plain white background. Applicant must not be wearing eyeglasses.
J. Notarized Affidavit of Explanation on How You Attained US Citizenship
Required for adult applicants who were included as dependents when their parent/s were naturalized. Attach to the affidavit a copy of your US Certificate of Citizenship (if available) and the US Naturalization Certificate of your parent/s. Click here to download affidavit.
REQUIREMENTS FOR EACH DEPENDENT CHILD (BELOW 18 YEARS OLD)
(Personal Appearance not necessary)
For minor children born in the US:
(a) if the principal applicant was already a US citizen at the time of the birth, the child/ren should be included as dependents in the petition.
(b) If at least one parent was still a Philippine citizen when the minor child was born, there is no need to include them as dependents in the petition. Their birth has to be reported to the Consulate instead.
For reporting a birth of a child born under our jurisdiction, please click here: http://newyorkpcg.org/pcgny/civil-registration/report-of-birth-of-a-filipino-abroad/
A. PSA Birth Certificate / US Birth Certificate
Submit a copy of the Birth Certificate issued either by the PSA/NSO or US Vital Records. Applicant should have the original document readily available for vetting.
B. Latest Philippine Passport (if available)
Submit a copy of the data page of latest Philippine passport.
C. US Certificate of Citizenship (if available)
Submit a copy and have the original document ready for vetting.
D. US Passport (if available)
Submit a copy of the data page of US passport.
E. Child’s Photos
On appointed date, bring two (2) colored 2″x 2″ photos, with plain white background.
PETITION FOR INCLUSION OF DEPENDENT/S UNDER RA 9225
If the principal applicant already applied for dual citizenship and failed to include dependent children in the application, he/she may file a petition for inclusion of dependent children who are under 18 years of age and unmarried.
Requirements:
- Duly accomplished Petition for Inclusion of Dependents Application Form
- One (1) Original and two (2) photocopy of Petitioner’s Dual Citizenship papers (Oath of Allegiance, Identification Certificate, & Approval Order)
- Two (2) pieces of dependent child’s 2″ x 2″ photograph with white background taken 3 months before the date of application.
- One (1) piece of principal’s 2″ x 2″ photograph with white background taken 3 months before the date of application.
- Original and two (2) photocopy of dependent child’s birth certificate.
- Two (2) photocopies of dependent child’s valid foreign passport bio-page.
- Two (2) photocopies of petitioner’s valid passport bio-page
The Consular Officer reserves the right to require additional documents from the informant or applicant.
NEXT STEPS AFTER ISSUANCE OF DUAL CITIZENSHIP PAPERS
Principal Applicant and Dependent Child*
*Dependent Child born to Filipino parent/s and became naturalized US citizen.
(Optional) Apply for Philippine passport.
As a dual citizen, it is not mandatory to apply for a Philippine passport. You may use your US passport when travelling to the Philippines. You simply have to present your dual documents to the Philippine Immigration Officer as proof of Philippine citizenship, per the Bureau of Immigration’s Operation Order No. SBM-2014-045 dated 30 September 2014 which is in force and still in effect. Incoming Filipinos may present a valid PHL passport, Identification Certificate or a Certificate of Re-acquisition / Retention of PHL Citizenship to be admitted as Filipino citizens.
Individuals who have just retained/reacquired their Philippine citizenship and who wish to apply for a Philippine passport will need to make a separate application and submit the requirements as specified in “passport for dual or newly-registered PH citizens”.
Requirements for application for a new passport may be found here: http://newyorkpcg.org/pcgny/consular-services/
To secure an appointment for passport application, visit www.passport.gov.ph.
NEXT STEPS AFTER ISSUANCE OF DUAL CITIZENSHIP PAPERS
For Dependent Child**
**Born in the US whose parents were already US citizens at the time of child’s birth.
STEP 1
Report the birth to the appropriate Philippine Embassy/Consulate which has jurisdiction over the place of birth.
Click here for information about requirements and procedure in reporting the birth.
STEP 2
Apply for a Philippine Passport
The child is eligible to apply for a Philippine passport immediately after reporting the birth to the appropriate Philippine Embassy or Consulate.
Click here for information about requirements and procedure in applying for Philippine passport.
DOWNLOADABLE FORMS
Dual Citizenship FAQ
You will need to present your original dual citizenship papers (Oath of Allegiance, Identification Certificate and Approval Order) during the following:
- When you apply for a Philippine passport
- If traveling to the Philippines with a US passport and planning on staying for more than one (1) year.
You may request certified true copies (CTC) of these documents by sending an email to newyorkpcg.dual@dfa.gov.ph. Once the Consulate confirms availability of the applicant’s records, the applicant will be requested to send the payment of US$25.00 per document which shall be in the form of bank draft, cashier’s check or money order payable to the Philippine Consulate General (personal checks and crdit cards are not accepted) AND a pre-paid, self-addressed USPS Priority/Priority Express Return Envelope. Once mailed, the applicant should inform the Consulate of the tracking number of the envelope for easy reference.
Note that this service cannot be rushed as it often requires a search through our archives. Expect to receive the documents requested at least fifteen (15) working days.
The ceremony is a solemn and meaningful event. Please dress in proper attire to respect the dignity of the event (please no jeans, sandals, skimpy dress, etc). Those in improper dress may be refused entry to the premises.
Under the law, those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice. One of the requirements of the Professional Regulation Commission (PRC) is that the applicant is a dual citizen.
If the adult child was born in the Philippines and at least one parent is still Filipino at the time of child’s birth, he/she may file his/her own application for dual citizenship under RA9225.
If the adult child was born in the US and both parents are already naturalized US citizen at the time of child’s birth, the adult child or parent/s can apply for Recognition of Filipino Citizenship at the Bureau of Immigration in the Philippines. (Please see Recognition of Filipino Citizenship)
If the adult child was born in the US and at least one parent is still Filipino at the time of child’s birth, the adult child or parent/s can apply for Report of Birth of a Filipino Abroad at the Philippine Embassy or Consulate which has jurisdiction over the place of birth. (Please see Report of Birth)
Yes. Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted, of former Filipino parents who retained/reacquired their Philippine citizenship under RA 9225, may also be deemed Filipino citizens, if they are included in the parent’s application for retention/reacquisition of Philippine citizenship and the corresponding fees are paid.
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.
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.
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.
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).
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.
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.
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.
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.
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
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.