Dual Citizenship
- What is Republic Act No. 9225 on Citizenship Retention and Re-acquisition also known as the Dual Citizenship Law enacted in 2003?
R.A. 9225 grants natural-born Filipinos who have lost their Filipino citizenship through naturalization in a foreign country, the opportunity to retain or re-acquire their Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines.
- Who is a natural-born Filipino citizen?
Under the Philippine Constitution, a natural-born citizen is a person born of one or both parents who are Filipino citizens at the time of birth.
- How do I prove that I am a natural-born Filipino?
A former natural-born citizen, who was born in the Philippines, shall submit the NSO-authenticated copy of his or her birth certificate. A former natural-born citizen, who was born abroad, shall present a copy of the Report of Birth issued by the Philippine Embassy or Consulate.
- What is the procedure in applying for dual citizenship at the Embassy?
Present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila.
Accomplish and submit form entitled ¡°Petition for Dual Citizenship and Issuance of Identification Certificate (IC) and attach three (3) 2¡±x2¡± photographs showing the front, left side and right side views of the applicant and a valid ID.
Pay a processing fee of US$ 50.00
The Embassy schedules the oath of allegiance before a consular officer.
The Embassy forwards to the Bureau of Immigration in Manila the petition, oath, order of approval, and other supporting documents for issuance of an Identification Certificate.
The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Consulate General.
- 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 naturalisation; (b) apply for a permanent resident visa.
- Can my children (minor or aged 18 years old or over) also acquire Philippine citizenship under RA 9225?
Based on derivative citizenship, the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship under RA 9225 shall be deemed citizens of the Philippines. A married child, although a minor, cannot therefore be included in the petition of his/her parent.
Children 18 years old and over do not qualify to acquire Philippine citizenship under RA 9225. They have the same options that are open to the foreign spouse.
- What rights and privileges will dual citizens enjoy?
Filipinos who re-acquire Philippine citizenship may once again enjoy full civil, economic and political rights under existing laws of the Philippines.
- › Exercise the right to vote. (Art V, Sec. 1, Phil. Constitution)
- › Acquire and own private lands with no size limitations, as well as condominium units.
- › Run for public office, provided that at the time of filing of his/her certificate of candidacy, the person shall make a personal and sworn renunciation of foreign citizenship, and meet the residency requirement for holding elective position.
- › Be appointed to a public office, provided that the person renounces his allegiance to other country.
- › Practice a profession.
- › Own or invest in businesses which are not generally open to foreigners, including, among others.
- › Public utilities
- › Exploration, development and utilization of natural resources
- › Educational institutions
- › Mass media
- › Contracts for the construction and repair of locally-funded public works
- › Cooperatives
- › Private recruitment
- › Advertising
- › Retail Trade
- › Be issued Philippine passport and enjoy visa-free entry and stay in the Philippines for an unlimited period.
- Does the law RA 9225 apply to dual citizens?
RA 9225 does not apply to dual citizens, i.e., those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalization.
Important:Korean Law on Dual Citizenship
The Government of the Republic of Korea does not permit dual citizenship after the age of 21. A South Korean minor who holds dual citizenship is compelled by the Korean Government to choose one or the other nationality soon after reaching that age.
Korea's Nationality Act also requires a foreigner who has acquired Korean nationality by marriage to renounce his/her original nationality within six months. The forfeiture or loss of Korean citizenship takes effect with the passage of the six months (Art. 10).
The choice of nationality is conducted by way of submitting a statement of choosing Korean nationality and documents, including one that certifies the loss/renunciation of his/her foreign nationality. A number of Filipina nationals have renounced their Philippine citizenship upon their marriage with Korean husbands.
Employment Permit System
- What should I do if I want to change my workplace?
There are only four (4) valid grounds for changing workplaces:
- › In the event your employer terminates your contract under justifiable cause or refuses to renew it.
- › Suspension or closure of business or other reasons for which you are not responsible.
- › In the event your employer is restricted from hiring foreign workers due to cancellation of employment permit for foreign workers.
- › In the event you are not fit to continue work at the workplace due to an injury but are able to work at another workplace.
If your reason is one or any of the above, proceed to the District Job Center of the Ministry of Labor which has jurisdiction over your workplace to get your release paper.
- I am an EPS worker from the Construction Sector. Can I request for release from my employer and transfer to another type of business like manufacturing?
No. Change of employer may be permitted only within the same business type, for example, from an employer in the construction sector to another employer also in the construction sector. However, those in the manufacturing sector may, for valid reason transfer to another employer in agriculture, livestock, construction or fisheries sector.
- My employer is forcing me to work overtime, but he is not paying me fairly. What should I do?
Money claims like delayed payment of wages and severance pay, forced to work overtime, at nights or on holidays without OT pay and other violations, including maltreatment/assault may be filed with the Labor Inspection Division of the Regional Labor Office which has jurisdiction over your workplace.
- My work is dangerous and my employer is not providing me with the protective gadgets I need despite my repeated request. What should I do?
In the event the workplace safety and health standards are not met at your workplace, you can file a complaint with the Industrial Safety Division of the Regional Labor Office which has jurisdiction over your workplace.
- I am going home for good and I want to apply for refund of my contribution to the National Pension Office. What are the documentary requirements?
The requirements are as follows: copy of your Alien Registration Card (ARC), Bank Account in the Philippines and the accomplished Application for Refund and Application for Overseas Remittance Forms. The two (2) forms are available at all Job Centers and at the local offices of the National Pension Office.
The refund will be remitted to your bank account (in Manila) upon confirmation with the Immigration Office of your exit from Korea.
- My 3-years work visa is about to expire and I was told by my employer that he is not re-hiring me. Can I come back to Korea to work?
Yes, after six (6) months and provided you have no police/criminal record in Korea. However, you must go through the EPS process at the POEA again by taking and passing the KLT, etc.