What is the Citizenship Retention and Reacquisition Act of 2003?
Who are natural-born citizens of the Philippines?
Can Filipinos have more than one citizenship at the same time?
Can my children also acquire Philippine citizenship under R.A. 9225?
Can a petitioner’s foreign citizen spouse also acquire Philippine citizenship through R.A. 9225?
Is there a residency requirement for those who reacquired their Philippine citizenship?
Can those who reacquired their Philippine citizenship hold public office in the Philippines?
What is the effect of dual citizenship on the payment of taxes?
Can a foreign citizen spouse of a Philippine citizen live in the Philippines?
How much is the processing fee to reacquire one’s Philippine citizenship under this act?
When can successful petitioners apply for a new Philippine passport?
What passport should dual citizens present when entering and departing from the Philippines?
What is the Citizenship Retention and Reacquisition Act of 2003?
Republic Act No. 9225 or the Citizenship Retention and Reacquisition Act of 2003 is a law granting natural-born Filipinos who lost their Philippine citizenship through the process of naturalization in a foreign country, the opportunity to retain or reacquire their Philippine citizenship. Under UK and Irish laws, British / Irish citizens are allowed to hold dual citizenship.
Who are natural-born citizens of the Philippines?
Natural-born citizens of the Philippines are those who acquired their Philippine citizenship by birth (jus sanguinis) without having to perform any act to acquire or perfect their Philippine citizenship. These include those who meet any of following conditions:
- Those whose fathers or mothers are citizens of the Philippines at the time of their birth;
- Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority (18 years old).
- Those born on or after 14 May 1935 (with at least one parent who was a Philippine citizen) who elected Philippine citizenship upon reaching the age of majority, pursuant to the provisions of the 1935 Constitution;
- Those born prior to 14 May 1935 and at least one parent who resided in the Philippines.
Can Filipinos have more than one citizenship at the same time?
Before the passage of R.A. 9225, some Filipinos already possessed more than one citizenship as a result of the operation of nationality laws. For example, a child born in the United Kingdom of Filipino parents is a British citizen under British law, and a Filipino citizen under Philippine law. The child’s British citizenship is derived from the principle of jus soli or place of birth, while his or her Philippine citizenship is derived from the principle of jus sanguinis or by the citizenship of his or her parents.
The passage of R.A. 9225 makes it possible for Filipinos to hold dual citizenship through means other than that by birth.
Please refer to this section.
Can my children also acquire Philippine citizenship under R.A. 9225?
Yes. R.A. 9225 provides for derivative citizenship, which means that the unmarried minor dependent (whether legitimate, illegitimate, or adopted) of the principal petitioner shall be deemed citizens of the Philippines and are therefore entitled to the rights and privileges attendant thereto.
However, a married child, despite being a minor, cannot be included in the parent’s petition.
The minor dependent does not need to submit a separate petition for this purpose. The parent (principal petitioner) shall include the names and relevant details of all minor, unmarried dependents to be covered in the application and must submit all relevant requirements for the inclusion of the minor in the principal petitioner.
The documentary requirements for the minor dependent may be viewed here.
Can a petitioner’s foreign citizen spouse also acquire Philippine citizenship through R.A. 9225?
No. the law does not apply to the petitioner’s foreign spouse. The foreign spouse may wish to consider the following options if he or she wishes to reside permanently in the Philippines:
- Apply for naturalisation with the Philippine Bureau of Immigration
- Apply for a non-quota immigrant visa (13A)
Is there a residency requirement for those who reacquired their Philippine citizenship?
No. Residency in the Philippines is not required.
Filipinos who reacquire Filipino citizenship under this Act may once again enjoy full civil, economic, and political rights under existing laws of the Philippines. Among these are:
- Right to own real property in the Philippines
- Right to engage in business or commerce as a Filipino
- Right to practice one’s profession in accordance with law
- Right to vote in Philippine elections under existing laws
- Other rights outlined in Article III of the 1987 Philippine Constitution
For a complete list, please refer to this section.
Yes. A person who reacquires his or her Philippine citizenship may vote in the Philippines provided that he or she complies with the residency requirement under existing Philippine election laws. The person may, however, vote overseas in Philippine national elections (for President, Vice-President, Senators, and sectoral representatives) in accordance with the provisions of the Overseas Absentee Voting Act of 2013.
Can those who reacquired their Philippine citizenship hold public office in the Philippines?
Yes, provided that those seeking elective positions must meet the qualifications as required by the Philippine Constitution and existing laws; and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before a public officer authorised to administer the oath.
Those appointed to a public office shall make a sworn renunciation of the oath of allegiance to the country where they took their oath from.
What is the effect of dual citizenship on the payment of taxes?
Republic Act 8424 provides that the Philippine government will tax Philippine citizens for income earned solely in the Philippines. Those who reacquire their Philippine citizenship and who choose to live and work in the Philippines must fulfill all relevant tax obligations with the Philippine government such as income tax, community tax, residence tax, and property tax, among others.
To view the Philippines-UK Double Taxation Convention please click this link.
In terms of travel tax, those who reacquired their Philippine citizenship will enjoy travel tax exemption provided that they remain permanent overseas residents. Dual citizen Filipinos departing from the Philippines are exempt from paying travel tax if their arrival date is stamped on their British / Irish passport. However, when dual citizen Filipinos purchase plane tickets in the Philippines, they will be required to present both foreign and Philippine passports to the airline or travel agency. The travel agency will accomplish the Philippine Tourism Authority (PTA) Form 356 and photocopy the data pages of the foreign and Philippine passport, as well as the passport page showing the traveller’s arrival date in the Philippines. In case the arrival date is stamped on the Philippine passport, a Travel Tax Exemption Certificate (TTEC) is issued by the PTA that will be submitted to the airline for the issuance of a ticket. The traveller will be required to present both foreign and Philippine passports when they secure the TTEC at any of the Travel Tax Units of the PTA.
Yes. A person who has reacquired his or her Philippine citizenship may practice his or her profession in the Philippines, provided that he or she applies with the Professional Regulation Commission (or the Supreme Court for lawyers) for a license or permit to engage in such practice.
Can a foreign citizen spouse of a Philippine citizen live in the Philippines?
Yes. A non-quota immigrant visa (13A) may be issued to a Filipino citizen’s foreign national spouse, which entitles him or her to permanently reside in the Philippines. The 13A visa may be applied for at the Philippine Embassy in London.
No. Under the Balikbayan Program, a Philippine citizen’s foreign spouse and children travelling to the Philippines with him or her need not secure other travel documents because they are entitled to a visa-free entry to the Philippines for a period of up to one (1) year.
If his or her children are unmarried and below 18 years old upon reacquisition of Filipino citizenship, the successful petitioner’s children are also recognised as Philippine citizens under Philippine laws and are entitled to the rights and privileges attendant thereto.
How much is the processing fee to reacquire one’s Philippine citizenship under this act?
GBP 46.00 for adults (18 years and up); GBP 23.00 for minor dependents (17 years and below)
The passport application of all successful petitioners will be treated as a new passport application. Click this link to read the guide.
When can successful petitioners apply for a new Philippine passport?
Successful petitioners may apply for a new Philippine passport on the same day as their oath-taking ceremony. To view the steps and requirements for the application of a new Philippine passport by dual citizens, please refer to this section.
What passport should dual citizens present when entering and departing from the Philippines?
As a general rule, those who wish to declare their dual citizenship are advised to present their foreign and Philippine passports when entering and departing the Philippines.
Click this link to read the guide.