Q. Hi Atty. I was just browsing the internet and came across your website. I have a question regarding my daughter. She’s 8 years old. She was born here in Canada but I left her in the Philippines in 2007 . She hasn’t been back to Canada since then.
How do I apply for her dual citizenship since I’m still a Filipino citizen? I went to the consulate and inquired about it, but they only told me to do the report of birth application which I did.
Is it possible for her to lose her Canadian citizenship if she hasn’t been back for over 6 years? And if she gets her dual citizenship , will she still need to pay for her overstaying taxes in the Philippines? Thank you in advance. Mrs M.
Ans:
Hello there, your daughter who was born in Canada and as such she is a Canadian and will always be. Incidentally, your daughter having been born(at that time of her birth) to a Filipino citizen mother, is also considered as a natural born Filipino citizen under the laws of the Philippines.
The situation of your daughter is a clear illustration that she has indeed a dual citizenship. Hence, your daughter is both a Canadian and Filipino citizens . As such, she is entitled to the rights of citizenship pursuant to the laws of Canada and the Philippines. More particularly, the carrying of Canadian and Philippine passports.
As your daughter is in the Philippines and being a Filipino citizen born outside of the Philippines with a Filipino parent(s), there is a need for you to accomplish certain paper works in order to put things in proper order as far as the Philippine bureaucracy is concerned.
You and your daughter have to make personal representations with the Bureau of Immigration(BI) in the Philippines(Central Office) to seek what is referred to as “RECOGNITION” of her Filipino citizenship.
For this purpose you have to bring with you, a copy of her original birth certificate(authenticated by our Philippine Consulate and/or authenticated by the NSO, if her birth was reported to the said office as you claimed in your letter ) , copy of your birth certificate and her father, if available, as well and such other documents to establish your daughter ’s identity and proof of your present and previous citizenship, more particularly at the time of your daughter ’s birth .
Once, the BI issues the “CERTIFICATE OF RECOGNITION,” of your daughter as a recognized Filipino citizen, you don’t have to worry anymore of being charged with fines and penalty by the BI for overstaying in the Philippines.
Moreover, it is also suggested that your daughter should also secure a Philippine passport in the Philippines. And if she is carrying a Canadian passport when she entered the Philippines and the same has already expired, have this renewed at the Canadian embassy. Such that when entering and leaving Canada, it will be a hassle free experience for her. Conversely, when entering the Philippines, and with her Philippine passport in hand shown to the Philippine immigration officer at the airport , no visa and limited number of days will be prescribed of her by the Philippine immigration authorities, as a Filipino citizen. She could stay indefinitely in the Philippines and enjoy such other rights enjoyed by generally by Filipino citizens.
Looking forward you’ll find the above in order. Thank you for writing and good luck!
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