Living in the Philippines seems like heaven: majestic tropical islands, inviting waters, and delightful weather throughout the year. Locals are warm and friendly, with English serving as a co-official language, facilitating communication for most. The allure extends to quality education and healthcare, a swiftly advancing economy, and a rich tapestry of culture and heritage. Unsurprisingly, a growing number of individuals from foreign shores aspire to embrace Philippine citizenship.
How to Stay in the Philippines
At first glance, the process may appear straightforward. The nation's legal framework and governmental policies extend a remarkably warm welcome to foreign visitors. Tourists hailing from 157 countries enjoy the privilege of entering the Philippines without the need for a visa, granting them a 30-day stay. To prolong this period, one can exit and re-enter the country, effectively renewing the 30-day allowance. This process can be repeated multiple times, affording flexibility to travellers.
For those who find the prospect of monthly trips impractical, an alternative exists in the form of extending the visa-free stay through the immigration office. This avenue does not require additional documentation, yet it does entail a cost and comes with a stipulated time frame. Initially, a one-month extension is possible, followed by the option to prolong your stay for up to six months. In aggregate, a maximum three-year extension is permissible. For those with intentions of a longer stay, the process involves departing the country and subsequently reinitiating the procedure upon return.
Individuals who extend their stay in the Philippines beyond 59 days are issued an identification card known as the Alien Certificate of Registration Identity Card (ACR I-Card). This card essentially serves as a substitute for the passport within the nation's borders, and it offers additional opportunities, including the ability to initiate a local bank account.
Cebu Business Park, Cebu City. Photo: Zany Jadraque (Unsplash)
Pros and Cons of Philippine Citizenship
This naturally prompts the question: why would one consider acquiring Filipino citizenship, given the country's evident hospitality toward foreigners? Nevertheless, there exist compelling reasons to pursue a Philippine passport.
Firstly, a tourist visa does not grant the authorization to engage in employment or establish a business within the country. While this might not pose an issue for those working remotely, individuals aiming to tap into the burgeoning Philippine market would be wise to contemplate pursuing citizenship.
Secondly, obtaining citizenship provides access to an array of social services, including an extensive healthcare system and a State-backed education framework. For certain individuals, a pivotal consideration is the privilege to cast their vote and engage in political proceedings. For others, a sense of belonging to the local community holds significance, while some simply appreciate the relief from the ongoing obligation of extending their stay.
However, the pursuit of a certificate of nationality in the Philippines remains relatively uncommon among foreigners. Primarily, this is due to the country's legal stipulation, which imposes a cap of fifty immigrants per country annually for applying for Filipino citizenship. Consequently, possessing a less frequently encountered nationality becomes an advantageous aspect.
Furthermore, the power of the Filipino passport is limited. It facilitates visa-free entry to just 34 countries, and for an additional 42 countries, a landing visa is required.
Another drawback pertains to varying property ownership rights based on the type of Philippine citizenship. Individuals who acquire citizenship through naturalisation rather than by birth are prohibited from owning land or maintaining a controlling stake in companies involved in the exploitation of the country's natural resources.
Manila. Photo: Dayanara Nacion (Unsplash)
Citizenship by Birth and by Descent
The regulations governing Philippine citizenship underwent a profound transformation following the country's attainment of independence. Prior to 1946, during the era of colonial reliance on the USA, the Philippine nationality law accorded priority to the jus soli principle, granting citizenship to all those born within the nation's borders. Subsequently, a shift to the jus sanguinis principle occurred, which remains in effect today. According to this principle, any individual born to at least one parent who holds Filipino citizenship is automatically conferred Philippine citizenship from birth.
Abandoned children found in the country are considered natural-born citizens of the Philippines.
Offspring born abroad to Filipino citizens acquire Philippine citizenship by virtue of birth and have the option to pass it on to their own children. Either parents or medical personnel are responsible for submitting a report of overseas birth to the Philippine consulate. Failure to complete this procedure prior to the child reaching legal adulthood necessitates the parents or legal guardians to notarize a birth certificate, a prerequisite for obtaining a Philippine passport.
Although the current preference leans towards the jus sanguinis principle, it doesn't nullify the jus soli concept entirely. In the Philippines, a child born to foreign citizens can apply for Philippine citizenship upon reaching 18 years of age. This application necessitates the provision of a domestic birth certificate.
El Nido. Photo: Alejandro Luengo (Unsplash)
Citizen by Naturalisation
To attain naturalised Filipino citizenship, the following criteria must be met:
- Be 21 years old or older.
- Maintain residency in the country for a minimum of 10 years.
- Possess adequate financial resources to sustain oneself.
- Demonstrate high moral standards, actively integrate into Filipino society, and adhere to the fundamental principles of the Philippine Constitution.
- Acquire basic knowledge of English or Spanish and any of the Filipino languages.
If you have minor children, they must go to the school where history of the Philippines, constitution and social studies are a part of the curriculum.
The 10-year residency requirement is reduced to five years if the citizenship applicant:
- Holds employment with the Government of the Philippines.
- Has made substantial contributions to the economy or scientific achievements, such as pioneering a new industry or introducing a valuable innovation in the Philippines.
- Is married to a Filipina woman (this does not apply to foreign women married to Filipino men).
- Has taught in a public school or an accredited private school in the Philippines for two years. The school must not be exclusively teaching children of a particular nationality or race.
- Was born in the Philippines.
In all instances except for the last scenario, the acquisition of Filipino citizenship is achieved through a judicial process. To initiate this, the applicant must lodge an application with a Regional Trial Court situated in the province of their residence for the preceding 12 months. Conversely, those born within the country can secure citizenship solely through the submission of an application.
A maximum of fifty individuals from any given country are eligible to receive a certificate of naturalisation annually. During the selection process, candidates undergo an assessment, and their applications are subject to review by the naturalisation committee. This committee consists of the Solicitor General, who assumes the role of chairman, alongside the Foreign Affairs Minister or their designated representative, as well as the National Security Advisor.
Upon approval of the application, the candidate will be required to take an oath of allegiance to the Philippine Constitution and renounce their prior citizenship. Nevertheless, the enforcement of the latter requirement is notably flexible and is frequently viewed as optional.
Cebu. Photo: Ralph Olazo (Unsplash)
Citizenship by Marriage
In actuality, this citizenship is achieved through naturalisation. Registering a marriage to a Filipino citizen grants the sole privilege of lawful indefinite residence within the country. For a foreign woman wedded to a Filipino man, fulfilling the prerequisites for citizenship necessitates a residence of ten years. Conversely, foreign men married to Filipino women need only reside for five years to meet the eligibility criteria.
Please be aware that divorce is exclusively applicable to immigrants. The law prohibits Philippine citizens from obtaining a divorce.
Reacquiring Philippine Citizenship
Presently, Philippine legislation has introduced a more lenient approach to dual citizenship. In 2003, the country enacted Republic Act No. 9225, commonly referred to as the Citizenship Retention and Re-acquisition Act. According to this statute, individuals who were originally born as Filipino citizens, underwent naturalisation in another country, and renounced their Philippine citizenship, now have the option to either retain or reacquire their citizenship. This can be accomplished by pledging allegiance to the Republic of the Philippines before a foreign consul of the Philippines. Subsequently, they are issued a Philippine passport and can fully enjoy the array of civil, economic, and political rights bestowed upon Filipino citizens.
Unmarried minor children, regardless of their legitimacy or adoption status, can be included in the parent's application for the retention or reacquisition of Philippine citizenship, thereby becoming eligible to obtain a Philippine passport.
Photo: Rainier Ridao (Unsplash)
Other Kinds of Citizenship
On occasion, the Philippines may issue passports to individuals who showcase exceptional prowess in fields such as science, sports, or the arts, provided that their contributions prove beneficial to the Republic.
Acquiring Philippine citizenship through investments is not feasible. While various programs offer long-term residency permits for investors, the path to citizenship requires a process of naturalisation.
Who Is Barred from Naturalisation?
Individuals falling within the following categories are ineligible for naturalisation as Filipino citizens:
- Those who oppose the government or maintain connections with organisations or individuals that oppose the government.
- Those who advocate or endorse violence, personal transgressions, or homicide as means to achieve personal objectives.
- Those who practise polygamy.
- Those who have been convicted of a crime constituting moral turpitude.
- Those who have been diagnosed with a mental or incurable contagious disease.
- Those who, during their residency, have not assimilated into Filipino society or have not demonstrated a genuine commitment to learning and embracing the traditions and values of Philippine citizens.
- Those who are citizens of a nation currently in conflict with the USA and the Philippines.
- Those who are citizens of a nation that prohibits the naturalisation of Philippine citizens.
In a Nutshell
There exist multiple avenues for acquiring citizenship in the Philippines. Citizenship can be acquired through birth (if at least one parent is Filipino) or through the process of naturalisation. To attain naturalised citizenship in the Philippines, one must establish lawful residency within the country for a period of 10 years, demonstrate an adequate income, and exhibit proficiency in the language.
Cover photo: Louie Martinez (Unsplash)
