Flying to Philippines using spouses Philippines Passport

[Allovertheworld 355]

My neighbor who came to US 25 years ago from Philippines via H1B for nursing,  is wanting to fly back to Philippines to see her mother who is 91 years of age.  She let her Philippines passport expire many years ago and only holds US Passport.  Her husband whom was born in Philippines can get a Philippines passport if needed but at the moment doesn't have one.

 

My neighbor said  the Philippines embassy in New York will not issue her a Philippines passport  because her Birth Certificate shows her father as being born in China, So per the Philippines Embassy in New York claims she is a Chinese national and they will not issue her a Philippines Passport.  

 

She has went twice to Philippines Embassy in New York and been turned down two times, Philippines Embassy in New York said only way to fix it is to go to Philippines and deal with BI there, but as of now she can't travel to PI.

[Hank_ 9,174]

Questions.   

 

Where does your birth certificate show for the mother's nationality?   Only one parent needs to be a Filipino for the child to have Philippine citizenship.

 

What does the birth certificate of her father show for his parents nationality?

[Suze1 366]

This is very interesting.

 

I don't know much about Philippine citizenship law, but per Wikipedia -

 

1) When she naturalized in the US, she lost Philippine citizenship  -

 

Loss and reacquisition of Philippine citizenship

Commonwealth Act No. 63, dated October 20, 1936, provides that Philippine citizens may lose citizenship in any of the following ways or events:^[9]

1. By naturalization in a foreign country;

 

 

2) So, now she has to re-acquire it. Until doing so, the PHs will not issue a passport.

And the Philippines NY Consulate says her dad is not Filipino, because of his China birth!

What about her mom? Is she Filipino?

I also wonder what the Embassy in Washington DC would do/say. At least it is closer than BI in Phils.

 

3) She might have to declare allegiance to Phils IN the Phils to re-acquire PH citizenship???

 

4) Have the person join us here at VJ...

 

Very interesting.

 

 

 

 

 

Edited July 15, 2020 by Suze1

[Allovertheworld 355]

18 minutes ago, Hank_ said:

Questions.   

 

Where does your birth certificate show for the mother's nationality?   Only one parent needs to be a Filipino for the child to have Philippine citizenship.

 

What does the birth certificate of her father show for his parents nationality?

I am having dinner tonight with them and will ask.   I guess she had to bring mothers and father BC, and I would guess father parents were both born in China.  But will ask her this evening to confirm.

 

If she would of renewed her Philippines passport this would of never been an issue.

[Allovertheworld 355]

18 minutes ago, Suze1 said:

This is very interesting.

 

I don't know much about Philippine citizenship law, but per Wikipedia -

 

1) When she naturalized in the US, she lost Philippine citizenship  -

 

Loss and reacquisition of Philippine citizenship

Commonwealth Act No. 63, dated October 20, 1936, provides that Philippine citizens may lose citizenship in any of the following ways or events:^[9]

1. By naturalization in a foreign country;

 

 

2) So, now she has to re-acquire it. Until doing so, the PHs will not issue a passport.

And the Philippines NY Consulate says her dad is not Filipino, because of his China birth!

What about her mom? Is she Filipino?

I also wonder what the Embassy in Washington DC would do/say. At least it is closer than BI in Phils.

 

3) She might have to declare allegiance to Phils IN the Phils to re-acquire PH citizenship???

 

4) Have the person join us here at VJ...

 

Very interesting.

 

 

 

 

 

Years ago when you got your US Citizenship you lost your PI citizenship, back in her time.   But about 15 years ago the Philippine government enacted a law to allow one to regain Philippines citizenship so you can vote, own land, etc if you fill out a the proper application.   But as 3rd world countries goes and their rules she has to actually travel to Philippines to resolve this. 

 

She needs to go to Philippines and deal with BI directly to get this cleared up, per Philippines Embassy in New York.   

[Suze1 366]

@Allovertheworld

Thanks for the info.

Bummer.

Used to have a good friend/colleague who was major in BI. Been to it many times myself. Always an experience.

Best of luck.

[Hank_ 9,174]

Correct about Naturalization and Philippine citizenship.

 

If your friend has not reacquired her Philippine citizenship .. that is the actual reason she can not receive a Philippine passport.

 

The questions I asked still apply for reacquiring Philippine citizenship;  (at least) one parent must of been a Philippine citizen at the time of her birth.

 

This can be done at the Philippine consulate if she has copies of her parents birth certificates to clarify the issue.

 

https://philippineembassy-usa.org/dual-citizenship/   (currently the consulates are not processing for this because of covid)

Edited July 15, 2020 by Hank_

[Allovertheworld 355]

3 minutes ago, Hank_ said:

Correct about Naturalization and Philippine citizenship.

 

If your friend has not reacquired her Philippine citizenship .. that is the actual reason she can not receive a Philippine passport.

 

The questions I asked still apply for reacquiring Philippine citizenship;  (at least) one parent must of been a Philippine citizen at the time of her birth.

 

This can be done at the Philippine consulate if she has copies of her parents birth certificates to clarify the issue.

 

https://philippineembassy-usa.org/dual-citizenship/   (currently the consulates are not processing for this because of covid)

I am sure she has taken her mom's BC to the consulate and was denied,  They said this has to be fixed in Philippines due to father having BC showing he was born China.  

 

She can't gain her dual citizenship and thus can't get a PI Passport.   She has been twice and denied both and Philippines is  the only place she can get this taken care of per New York Philippines Consulate.

[Hank_ 9,174]

Just now, Allovertheworld said:

I am sure she has taken her mom's BC to the consulate (never AssUme)  and was denied,  They said this has to be fixed in Philippines due to father having BC showing he was born China.  

 

She can't gain her dual citizenship and thus can't get a PI Passport.   She has been twice and denied both and Philippines is  the only place she can get this taken care of per New York Philippines Consulate.

 

Father being born in china is irrelevant as long as the mother was a Philippine citizen at the time of birth.   One parent must be a Philippine citizen at the time of birth ... 

[Suze1 366]

Yes, Wikipedia mentioned taking an oath, and made me wonder if the oath had to be taken IN the PHs.

She HAD a PH passport at some point, so...

 

Here is some of the related legislation I could find -

https://www.chanrobles.com/republicactno9225.html#.Xw8F6ucpAUE

 

 

REPUBLIC ACT NO. 9225
August 29, 2003

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."cralaw

Sec. 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.chanrobles virtualaw library

Sec. 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion."chanroblesvirtuallawlibrary

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.chanrobles virtualaw library

 

S

Edited July 15, 2020 by Suze1

[doggieandsam 765]

12 hours ago, Allovertheworld said:

My neighbor who came to US 25 years ago from Philippines via H1B for nursing,  is wanting to fly back to Philippines to see her mother who is 91 years of age.  She let her Philippines passport expire many years ago and only holds US Passport.  Her husband whom was born in Philippines can get a Philippines passport if needed but at the moment doesn't have one.

 

My neighbor said  the Philippines embassy in New York will not issue her a Philippines passport  because her Birth Certificate shows her father as being born in China, So per the Philippines Embassy in New York claims she is a Chinese national and they will not issue her a Philippines Passport.  

 

She has went twice to Philippines Embassy in New York and been turned down two times, Philippines Embassy in New York said only way to fix it is to go to Philippines and deal with BI there, but as of now she can't travel to PI.

Why not just use her US passport? If she is not planning on staying for more than a month, I don't see a specific reason to enter using a Philippine passport. Or am I missing something here.

 

[Allovertheworld 355]

13 hours ago, doggieandsam said:

Why not just use her US passport? If she is not planning on staying for more than a month, I don't see a specific reason to enter using a Philippine passport. Or am I missing something here.

 

Since March they no longer issue a visa upon arrival in Philippines for tourist.  Spouses of Philippines citizens can enter if you have a copy of your spouses Philippines passport and marriage certificate, or travel with them.

[Allovertheworld 355]

On 7/15/2020 at 4:10 AM, Hank_ said:

Questions.   

 

Where does your birth certificate show for the mother's nationality?   Only one parent needs to be a Filipino for the child to have Philippine citizenship.

 

What does the birth certificate of her father show for his parents nationality?

Husband was born in Philippines, his Philippines passport is expired he never got his dual citizenship.

 

The lady says she still has her Philippines Passport which is expired, she has valid Philippines Driver License, said she went to New York Consulate on two different occasions to and once they see stated her father was born in China they say it can only be handled in Philippines. 

[doggieandsam 765]

2 hours ago, Allovertheworld said:

Since March they no longer issue a visa upon arrival in Philippines for tourist.  Spouses of Philippines citizens can enter if you have a copy of your spouses Philippines passport and marriage certificate, or travel with them.

Ahh, ok thank you for clarifying that. I totally did not remember Covid travel restrictions. That's a bummer for your friend.

[payxibka 10,045]

2 hours ago, Allovertheworld said:

Husband was born in Philippines, his Philippines passport is expired he never got his dual citizenship.

 

The lady says she still has her Philippines Passport which is expired, she has valid Philippines Driver License, said she went to New York Consulate on two different occasions to and once they see stated her father was born in China they say it can only be handled in Philippines. 

Where was the mother born?