Philippine citizenship by descent and dual citizenship

Who qualifies

• Filipino from birthA parent who was Filipino when you were bornThis is the rule for everyone born on or after January 17, 1973. You file a Report of Birth, the record of a Filipino born abroad, with the embassy or consulate covering where you were born. Adults can file late.
• Through your parentA Filipino grandparent, if your parent was still Filipino when you were bornThere’s no generation limit. If your parent was born to a Filipino, they were Filipino from birth too, even if born in the US. Your parent files their own late Report of Birth first, then you file yours.
• Under 18 onlyA parent who became a citizen of another country before you were bornYou weren’t Filipino at birth. But if your parent takes Philippine citizenship back under RA 9225 while you’re under 18 and unmarried, they can include you. See dual citizenship.
• Older rulesBorn before January 17, 1973If your parents were married, only a Filipino father counted. A child of a Filipino mother had to elect Philippine citizenship as an adult. See born before 1973.
• Usually notAn adult whose parent naturalized abroad before they were bornThe RA 9225 route covers only unmarried children under 18. Adults in this position would need to live in the Philippines and naturalize.

Dual citizenship for former Filipinos (RA 9225)

Republic Act 9225, the Citizenship Retention and Re-acquisition Act of 2003, lets Filipinos who became citizens of another country by naturalization take Philippine citizenship back. You keep your US citizenship. Naturalizing abroad still ends Philippine citizenship, and your Philippine passport stops being valid, until you take the RA 9225 oath.

• Who can applyNatural-born Filipinos, 18 or over, who naturalized in another countryNatural-born means Filipino from birth, without having to do anything. People who elected Philippine citizenship under the pre-1973 rule count too. If you were born abroad to a Filipino parent and never naturalized anywhere, you don’t need RA 9225: you file a Report of Birth instead.
• The oathIn person, at a Philippine embassy or consulateYou take an oath of allegiance to the Republic of the Philippines before a consular officer, usually the same day you apply. You get an Identification Certificate, your signed Oath of Allegiance and an Order of Approval. The file then goes to the Bureau of Immigration in Manila.
• The feeUS$50 for you, US$25 for each child includedThat’s the fee at the embassy in Washington and the consulate in San Francisco. Washington adds US$10 at its outreach missions. Personal checks aren’t accepted.
• Your childrenUnmarried children under 18, including adopted childrenThey become Filipino with you if you list them on your application (section 4 of the Act). If you’ve already taken the oath, you can add them later with a petition for inclusion, at US$25 each, while they’re still under 18 and unmarried. Children who are already adults can’t be included. If they were born while you were still Filipino, they’re Filipino from birth and file a Report of Birth.

To apply you bring the application form, your Philippine Statistics Authority (PSA) birth certificate or old Philippine passport, your foreign naturalization certificate, your foreign passport and two 2×2 inch photos, plus papers for any name change. Washington and San Francisco see applicants by appointment only.

Dual citizens have full civil and political rights, including owning land. To vote from abroad you register as an overseas voter. To run for elected office you must renounce your other citizenship, and appointed government posts have similar rules. To work in a licensed profession you need a Philippine license.

The Philippine Embassy warns that if you renounce Philippine citizenship, you can’t take it back under RA 9225.

Born before January 17, 1973

The current rule, that a Filipino father or mother is enough, applies to births from January 17, 1973. Before that date:

• If your parents were married, you were Filipino at birth only if your father was Filipino.
• If your parents weren’t married, you were Filipino at birth if your mother was.
• If your mother was Filipino and your father wasn’t, and they were married, you could elect Philippine citizenship after reaching adulthood. The Constitution treats people who elected as natural-born.

Electing means signing a sworn statement and an oath of allegiance and filing them with a civil registry, under Commonwealth Act 625. The law sets no fixed deadline. But in 1999 the Supreme Court said it must be done within a reasonable time, normally about 3 years after reaching adulthood, and that the time isn’t unlimited. It refused a man who elected 14 years late. If this applies to you, ask the embassy or consulate.

How to file a Report of Birth

1. Find the right embassy or consulateIt’s the one covering the place you were born, not where you live. Each covers certain states. The embassy in Washington, for example, covers births in Alabama, DC, Florida, Georgia, Kentucky, Maryland, the Carolinas, Tennessee, Virginia and West Virginia.
2. Gather the documentsSee the list below. Washington wants the form typed and notarized, in four originals, and handwritten forms are refused.
3. Add an affidavit if you’re filing lateIf it’s more than a year after the birth, add a notarized Affidavit of Delayed Registration explaining the delay. Adults 18 and over sign the forms themselves.
4. Send itWashington takes Reports of Birth by mail only, with a US$25 money order. New York asks you to email the documents for checking before you mail the originals.
5. Get your recordWashington processes a complete application in 3 to 5 business days. A PSA copy of your Report of Birth is ready about 6 to 12 months later.
6. Apply for a Philippine passport, if you want oneIt costs US$60 at the embassy in Washington. You can use the Report of Birth itself at the post that issued it within the last 12 months. After that you need the PSA copy.

If your Filipino parent was also born abroad, they report their own birth first. Then you report yours, using their record as proof.

Documents

• The Report of Birth form, typed and notarized
• Your birth certificate, showing both parents’ full names
• Proof your parent was Filipino when you were born, such as their Philippine passport
• If your parent became a US citizen after you were born: their naturalization certificate, to show the date
• Copies of both parents’ passport data pages
• Your parents’ marriage certificate, if they were married (Washington asks for a PSA copy)
• An Affidavit of Delayed Registration, if it’s more than a year after your birth
• Your photo ID
• A prepaid, tracked return envelope and the fee

If your parents weren’t married and you use your father’s surname, extra affidavits apply. Check your post’s own list before you send anything. For UK, Irish and US certificates, see where to order certificates.

What a Philippine passport gives you

The right to live and work in the Philippines, and to own land there. The Constitution keeps private land for Filipino citizens, though former natural-born Filipinos can buy a limited amount. The Philippines isn’t in the EU, so it doesn’t give you rights in Europe.