Raising a half-American child in the Philippines

[Mark Berkowitz]

40 minutes ago, Jack Peterson said:

 Why mark? he is here in the PI and a Filipino so he does not need a Visa, If he came back on a US passport then maybe but he is still a Filipino

Not my rules Jack... it's the BI rules in the Phils. 

According to the BI, my son arrived in the Philippines as an American citizen on the day of his birth.  Even though he was born in the Phils., they will charge him (actually me) for visas and fines starting on the day of his birth until the date of his departure from the Philippines. 

The only way around this ridiculous rule is for him to also have a Filipino passport, which shows that he is also a citizen of the Philippines, who was born on the very same day that he was also born in the Philippines as an American. 

[OnMyWay]

2 hours ago, Mark Berkowitz said:

Not my rules Jack... it's the BI rules in the Phils. 

According to the BI, my son arrived in the Philippines as an American citizen on the day of his birth.  Even though he was born in the Phils., they will charge him (actually me) for visas and fines starting on the day of his birth until the date of his departure from the Philippines. 

The only way around this ridiculous rule is for him to also have a Filipino passport, which shows that he is also a citizen of the Philippines, who was born on the very same day that he was also born in the Philippines as an American. 

Technically you are right and I read up on it on the BI FB page.

However, I don't quite understand how so many people get caught in this trap.  It does make sense to me, when travelling, if you only have a foreign passport, there would be issues.  I had thought about this before my kids were born, and the first thing we did was get them their Filipino passports.  It is easy when they are babies because you don't have to make an appointment or wait in line.

Although they technically are Filipino by right of birth to a Filipino mother in the Philippines, it is the passport requirements that make this final and legal.

We then followed up with the CRBA and U.S. passports.  We show both when traveling out of the country and have never had an issue.  The only issue is that we have to pay the damn travel tax!

[Jack Peterson]

46 minutes ago, OnMyWay said:

It does make sense to me, when travelling, if you only have a foreign passport, there would be issues.

the first I can see is the ECC;

Any child, born in the Philippines, but travelling on a Foreign passport, NEEDS an ECC to leave the Philippines. A notice to this effect is on display at a Bureau of Immigration office.

To obtain this the passport would need and Entry stamp but there will be none. problems galore I tend to think;

https://www.in-philippines.com/requirements-for-an-ecc-exit-clearance-certificate/ 

 For me just get a Filipino Passport the child is entitled to both 

[graham59]

I also procured what is known as 'Recognition' (as a Filipino Citizen) for my UK-born son,  when he was still less than 2 years old... and already with a British passport.   This permits him to stay in the Phils visa-free, and would also enable him to apply for a Philippines Passport, should he wish to,  in the future. 

[Arizona Kid]

5 hours ago, Mark Berkowitz said:

A Filipino passport for my son too, since without one, he'd be considered to be an overstayed American that owes money to the BI when he gets to leave the Phils with his mom.   

This is a good heads-up to all expats that get citizenship and passports in their homelands for their children in the Philippines.

That doesn't ring true but I'm no expert. Minors are treated differently. I got my son's US passport in Manila at the US Embassy. He didn't travel here..he was born here. I think you may have wasted your money getting the Filipino passport. But good luck to you. Sounds like things are going your way!

[Arizona Kid]

1 hour ago, graham59 said:

I also procured what is known as 'Recognition' (as a Filipino Citizen) for my UK-born son,  when he was still less than 2 years old... and already with a British passport.   This permits him to stay in the Phils visa-free, and would also enable him to apply for a Philippines Passport, should he wish to,  in the future. 

Well said. Better than I did in the related  post.

[OnMyWay]

33 minutes ago, Arizona Kid said:

That doesn't ring true but I'm no expert. Minors are treated differently. I got my son's US passport in Manila at the US Embassy. He didn't travel here..he was born here. I think you may have wasted your money getting the Filipino passport. But good luck to you. Sounds like things are going your way!

That is what I thought until I read about it on the BI FB page.  If your son does not have a PH passport, he / you will likely have problems when he tries to leave the country.

Read the comments under this press release on FB.

https://www.facebook.com/officialbureauofimmigration/posts/press-release-06-august-2014bi-clarifies-policy-on-foreign-nationals-born-in-the/428617980610248/

PRESS RELEASE

06 AUGUST 2014

BI CLARIFIES POLICY ON FOREIGN NATIONALS BORN IN THE PHILIPPINES

Manila, Philippines---Individuals who were born in the Philippines but of foreign nationality are required to follow Philippine immigration laws, since they are still under the jurisdiction of the Bureau of Immigration.

The Bureau of Immigration today clarified that its policy on computation of arrears for foreign nationals born in the Philippines applies especially to those who intend to depart from the country using a foreign passport, even newly acquired.

BI spokesperson Atty. Elaine Tan says that a person who enters the Philippines retains the nationality status he was born with. For example, an American who carries a US passport is treated as a foreign national the minute he enters Philippine territory even if he previously was born here.

“All subjects who carry foreign passports are presumed to have the same status from the time of their entry into the Philippines”, according to Tan.

‘Entry’ was defined as the moment a person has set foot in the Philippines.

“If the foreign national was born in the Philippines, he is considered to have ‘entered’ at the time of his birth. Thus, if he is leaving the country for the first time under a foreign passport, he must present proof that all immigration dues have been settled”, continued Tan.

The Bureau made the clarification after the story of Bienvenido Toshio Shin came out of media reports.

In Shin’s case, however, his nationality was determined only last July 2014 shortly after the Tokyo Family Court declared him as a Japanese citizen. He was immediately given a Japanese passport. Under the law, since Shin is a foreign national, the Bureau of Immigration has no choice but to assess his immigration dues from the time he acquired Japanese citizenship, which is April of 1944. Shin, who is 70 years old and lived all his life as a farmer, is appealing to the Bureau for consideration of his arrears. He intends to go to Japan but is asked to settle his arrears first.

“Shin’s case is different from the usual Filipino-Japanese (“Nikkei-Jin”) cases in that he was issued a Japanese passport prior to departure”, explained Tan.
In previous cases, Nikkei-Jins were allowed to depart without having to pay arrears because they traveled under Philippine-issued travel documents.
“Traveling under a Philippine travel document gives the presumption that the subject is a Filipino national, thus no immigration fees are due”, said Tan.

The BI, however, allows consideration for humanitarian reasons such as subject being of Filipino descent.

[Gary D]

What we are talking about here are people who have changed their national status. A child born in the Philippines to a filiino mother is filiino until they take another citizenship. ie their fathers. On taking their fathers citizenship they automatically loose their Filipino citizenship so need to reaquire it or get the appropriate visas.

[Jack Peterson]

1 hour ago, Gary D said:

On taking their fathers citizenship they automatically loose their Filipino citizenship

 Gary that is not correct, Filipinos can have dual nationality it is foreigners that can't

[Jollygoodfellow]

Seems to me something is wrong. The child was born here to a Filipino mother so the child is Filipino and a citizen of the Philippines. Once leaving the country the child will need the usual visa to enter where ever.