This may end up being a rather long post On the subject of dual citizenship I wish it were possible to clearly state a definitive successful strategy, but it’s not. Eventually there are just too many gray areas to consider There is however a recognized legal process for to application for naturalization (citizenship) in the Philippines. The major qualifications include:- Must not be less than 21 yrs of age 10 years continuous residence (5 years if married to Phil citizen) Must be of good moral character and believe in the principles underlying the Philippine Constitution, and must have conducted themselves in a proper and irreproachable manner during the entire period of residence in the Philippines in his/her relation with the constituted government as well as with the community in which he/she is living. Ability to read and write English or Spanish AND any one of the principal Philippine languages Must have enrolled minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of them prior to the hearing of the petition for naturalization as Philippine citizen. Always remember, it is a judge reviewing all of your qualifications that makes the final decision. Whether you meet all the requirements or not, the judge makes the decision. You might meet all the official requirements but because the judge doesn’t think you've integrated enough into the local Philippine culture, he turns you down. The same is true the other way; you might not speak a major Philippine dialect fluently, but you brought solid upstanding Filipino citizens as character witnesses who speak glorious words about your contributions and character and the judge subsequently allows you have citizenship. Additionally, there are some costs/fees involved. I don't know how much these would likely be at the end. Timescales are about 3 years (initial application 1 year before petition, final decision not less than 2 years after filing petition) Technically it is not necessarily the case that you give up British Citizenship. British nationality can only be renounced by a declaration made to the Home Secretary. A person ceases to be a British national on the date that the declaration of renunciation is registered by the Home Secretary. If a declaration is registered in the expectation of acquiring another citizenship, but one is not acquired within six months of the registration, it does not take effect and the person is considered to have remained a British national. Renunciations made to any other persons or authorities are totally invalid. Prior to receiving the Philippine naturalisation certificate you must declare in open court that you renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty. Under international law, the Master Nationality Rule says that a State may not give diplomatic protection to one of its nationals in a country whose citizenship that person also holds. For example, if a person is both British national and Philippine national, he cannot be given diplomatic help by a British Consul in the Philippines. Furthermore, the state issuing naturalisation also has the legal power of cancellation. Anyone obtaining naturalisation fraudulently will be subject to a fine or imprisonment or both, plus cancellation of naturalisation. (probably after the term of imprisonment so that any other diplomatic service cannot help you) By the way I’m not an expert or a lawyer, if anyone knows different or something I have posted is incorrect please share.
The problem here is that you would effectively relying on a lie in court, you would have to renounce your British Citizenship in public but rely on a technicality to retain it and presumably retain UK state pension rights etc. Plus I'm not sure I would want to lose what little help the British Consul would offer in a crisis. Also it might be harder to exit the country in the event of a political crisis in the Phils, kind of gives them more authority to hold you, also they don't issue replacement UK passports locally in Manila any more last I heard you had to send off to Bangkok to get a replacement (I was given that advice by the British Embassy when they asked me to collect my daughters passport as soon as possible at the end of 2009). Also carrying or possessing contradictory documents might be an issue, for example although Ana is dual national she cannot declare such to the Korean's as until recently they didn't allow it which means she is taking a chance every time she goes through immigration at Seoul. Having a British passport at home and a Philippine ID or passport and presumably the twenty other Philippine ID's that you are supposed to collect might be dodgy. The only benefit I could see is that you could run a business more easily and you could own land apart from that you gain restrictive travel rights, no Filipino Pension, no medical rights I would go for a retirement visa if I were older and still not able to marry, or I would got the 13A route if I was married.
Personally, I cannot see any reason to even consider doing it. Someone else may though. I knew one Brit who did.
If one can retain his British citizenship, i would go for it. In Germany this is not possible under every cirumstances, however, the practical side looks like this. One declares himself Filipino ( sorry for the simple expressions ) and pledges to renounce his German Citizenship after the oathtaking. And then nothing, cause it will never happen. (oops, i forgot, sir ) Since the German Embassy or the Government "overlooks" the fact of the new German/Pinoiy also, (They are not interested in loosing citizens) everything is ok... Dual citizenship, nobody seems to care about the technicalities... just don' announce it broadly around. btw- most Filippinos do just the same.. NB- don't forget to swap your passports in the airplane. And make sure you are always checked in and out correctly.
I agree the Pino,s who become Brits then oftenly regain their Philipino nationality so cant see why they would have a problem with a Brit who efectively did the same
The issues are not at the British side. 1. Prior to receiving the Philippine naturalisation certificate you must declare in open court that you renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty. 2. Anyone obtaining naturalisation fraudulently will be subject to a fine or imprisonment or both, plus cancellation of naturalisation. (probably after the term of imprisonment so that any other diplomatic service cannot help you) It's a no-win catch22 And for what? Philippine law allows dual citizenship of former citizens by the re-acquisition of philippine citizenship. BTW good to see you back here.
Exactly this is what one does after he renounced his German or British Citizenship, he applies for the British one again as a dual one. This is legal. in practical live they ask you to do your oat "thing" and all that BUT do not ask you to proof it. In reality nobody cares in the Philippines, it is an old spanish paragraph which nobody likes because it makes live only complicated for the 7 million Pinoy, and their CHILDREN, which never have been Pinoy citizen. And certainly nobody ever went to prison for that. but there are some law cases i found in my Immigration book about it, very interesting reading material, but it fills books. Mostly about Chinese which got were sued by somebody (business) and some smart attourneys tried to put pressure on their dual citizenship. All cases were decided in favor of the chinese. I inquired in my case, at my Embassy and at the Immi. They both said, it is ok. The Germans more sourly, but eventually the said, yes it is possible. germany also only has ONE citizenship, with exceptions of some people like Turkish or Pinoy, which would loose their properties abroad. In my case i would be the same then. Point is, when i lay down my German Nationality, i am out of it, done, finished. But i have a right to reapply and it is granted immediately, because i am a born German, so its a mere formality. The Filipinos know that too, so they don't even really ask for this "formality". But if they ask me, ok, no problems, after 6 weeks i get my passport again...simple as that. And since i am a naturalized Pinoy, i can be dual based on certain reasons. (Constitutional Right) Complicated, but was isn't ?
Anyone obtaining naturalisation fraudulently will be subject to a fine or imprisonment or both, plus cancellation of naturalisation. (probably after the term of imprisonment so that any other diplomatic service cannot help you) Maybe I should have added "but only if you get caught out" It maybe OK for some but not for me.
hehe, right... However, lets make a last comment, in a short while i will post updated and correct information on this matter, after all, parts of matter and the laws are from spanish times, parts from the 1935 constitution, then a presidential degree from 1973, and then the 1987 constitution. As always in the Philippines, ALL laws are still valid (LOL), a quite unique situation not uncommon here, hence the possibilities and complications arising of this situation. And currently they work on a new act in congress, which most likely will pass through as well. (btw- the quote of "fraudulence" and the imprisonment is not of concern in dual citizenship matters, the oath of allegiance at the time given is correct, as well as the former citizenship. Si the naturalization is not optained fraudulent, it is only the problem AFTER, but it isn't fraud, its not a crime to be a citizen of another nation. The oath does not include the future nor the past, right ?) And technically anything you are and do abroad isn't of concern of the Philippines. As long as you act and are a Filipino while IN the country, they do not care what is your status abroad. Don't forget, that half of Congressman and Senators ARE US Citizens, a common fact which always leads to protests after elections ( and nothing ever happens either, its just media bruhahah)
