Q.  Can I own real property in the Philippines?
 

 A.     As a general rule, the Philippine Constitution limits ownership of real property only to Filipino citizens.  However, the Philippine Constitution also provides that “a natural-born citizen of the Philippines who lost his/her Philippine citizenship may be a transferee of private lands subject to limitations provided by law."
          A natural-born Filipino, who has become a naturalized citizen of another country, and who has the legal capacity to enter into a contract under Philippine laws, may acquire or be a transferee of private lands in the Philippines.
          The transferee must not use the land acquired for any purpose other than for their residence.
          The transferee is entitled to acquire and own private land up to a maximum area of five  thousand (5,000) square meters in the case of urban land, or three (3) hectares of rural land.
          In the case of a married couple, any one or both of them may avail themselves of the said privilege, provided that if both avail themselves of the same, the total area of land shall not exceed the allowed maximum limit.
          In case the transferee already owns urban or rural lands for business purposes, he/she may acquire additional urban or rural lands, which when added to those he/she presently owns shall not exceed the authorized maximum area.
          The transferee may acquire not more than two (2) lots, which may be situated in different municipalities or cities anywhere in the Philippines, provided that the total area of these lots does not exceed 5,000 sq. meters of urban land or three hectares of rural land for business purposes.
          A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.  However, if the transferee has disposed of his urban land, he may still acquire rural land and vice versa, provided that this will not be used for business.

Q.  Can I bring my British spouse to retire in the Philippines?
 

 A.    The present Immigration law of the Philippines  provides that the wife or husband, or unmarried children under twenty-one years of age, of Philippine citizens or former  Philippine citizens are qualified to apply for a non-quota immigrant visa.
          As a matter of policy, immigration visas are issued to nationals or subjects of countries which grant similar privileges to Filipino citizens.  In the case of certain aliens, such as women married to Filipino citizens, they may be issued immigration visas regardless of whether or not their countries grant reciprocal privileges to Filipino citizens.

Q. Can children of Filipino citizens born in the United Kingdom apply for dual citizenship?
 

A.    The Philippine Constitution  provides that the child of a Filipino parent, either the father or the mother, is considered a Philippine citizen and is therefore entitled to a Philippine passport.

Q.  I am going on  holiday to the Philippines. What are the things I have to prepare?
 

A.    Present regulations provide that Filipinos travelling to the Philippines should be holding a valid Philippine passport or Philippine Travel Document for those who are unable to renew their passport.
        The Philippine Bureau of Immigration advises that persons claiming Philippine citizenship in possession of an expired Philippine passport may be denied entry.
 Former Filipino citizens holding foreign passports should have a passport valid for at least 6 months beyond the intended period of stay in the Philippines.

Q. What are the requirements for Filipino permanent residents abroad availing themselves of the travel tax exemption privilege?
 

 A.    Filipino permanent residents abroad may avail themselves of the travel tax exemption privilege, upon submission of the following to the Philippine Tourism Authority in Manila:

(for permanent residents abroad)

1. Proof of permanent residence in a foreign country, e.g., U.S. green card, including visa or permit for indefinite stay stamped on passport.
2. Philippine Income Tax Return (ITR) for the preceding year for those between 18 to 60 years old and are employed.  The ITR may either be an information return for those who did not derive income in the Philippines, or the appropriate ITR form prescribed by the BIR for those who derived income in the Philippines. Those who are UNEMPLOYED have to execute an affidavit to be duly notarized by the Philippine Embassy.  Consular fee is £18.00 (no personal cheques accepted).  Submit a photocopy of the passport and a self-addressed stamped envelope for the return of the document.  This affidavit is not required for those who are 18 years old or above 60.
3. Philippine passport- submit photocopy of  (a) identification pages and (b) page showing latest arrival date in the Philippines.  The exemption shall be granted if the applicant’s permanent resident status has lapsed or he/she has stayed in the Philippines for more than one (1) year, whichever comes first.

(for overseas workers)

1. Those hired on site by foreign or Filipino principals -  Certification from employer duly seen and noted by the Philippine Embassy or Contract of Employment duly verified and authenticated by the Embassy.  The exemption is valid only for travel to the place of work.  Consular fee is £18.00 plus verification fee of £7.15.  Seen and noted fee is £18.00 (no personal cheques accepted.)
2. Those processed by the Philippine Overseas Employment Administration (POEA) --  Overseas Employment Certificate (OEC) issued by the POEA serves as travel tax exemption certificate.  There is no need to secure exemption certificate from the Philippine Tourism Authority.

 Q. Who can avail of the Balikbayan privilege?
 

A.    No visa shall be required, as a privilege, for a maximum stay of one (1) year for former Filipino citizens.  The traveller has to declare before the Philippine Immigration Officer at the port of entry that they are availing themselves of said privilege, and present their current British or Irish passport plus any of the following:

1. Cancelled Philippine passport, or birth certificate
2. Naturalization papers as proof of former Philippine citizenship, or
3. Certification from adopted country.

This privilege is also extended to families of former Filipino citizens and families of  Filipino citizens, (e.g. foreign spouse and minor children) provided they are not required entry visas under existing regulations and  they are travelling together with the balikbayan spouse to the Philippines.

The family members should present at the Philippine port of entry the following:

1. Valid passport
2. Marriage certificate of the spouses
3. Birth certificate in the case of minor children or adoption papers in the case of      adopted children.

Q.  What are the implications of my divorce from my foreign spouse as far as Philippine law is concerned?
 

A.    (for Filipinos married to foreign nationals)

A divorce decree obtained abroad, upon the initiative of the Filipino wife, is not recognized or considered valid in the Philippines.  The  Family Code of the Philippines provides that  “where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to marry under Philippine law”.

The Philippine Justice Department  opined that while divorce is not allowed in the Philippines, the only instance where a divorced Filipino can remarry under Philippine law is when the divorce has been initiated or petitioned by the foreign spouse.

This  legal opinion was issued by the Justice Department upon a query from the Department of Foreign Affairs in reference to the case of a Filipina who wanted to change her married name to that of her second husband.  The concerned Filipina was first married to an American in Pampanga. She petitioned for and obtained a divorce decree in California, then married another American in Guam.

Since it was the Filipino wife who initiated the divorce, the Justice Department stated that her situation is outside the ambit of the Family Code.  Thus, for all intents and purposes, the initial marriage still subsists, and as the decree of absolute divorce which she obtained is not valid in the Philippines, she may not change her married name to that of her second husband.

Q.  How do I bring my children to the UK?
 

A.    In order for a Filipino citizen to enter the United Kingdom, he/she must be holding a valid UK visa. To be issued one, applicant must meet all the documentary requirements required by the British Embassy in Manila with office address at  15th-17th Floors,  L.V. Locsin Building, 6752 Ayala Avenue, corner Makati Avenue, Makati City and telephone nos. (00632) 816 7116 or 816 7271 to 72.

Q.  What are the documentary requirements in applying for UK visas for dependent spouse and children of  Filipino nurses?
 

A.    Based on British immigration law and information obtained directly from the British Embassy in Manila, listed below are documentary requirements in applying for U.K. visas for dependents of Filipino nurses.  Aside from these requirements, the Consular Officer of the British Embassy may require additional documents to be presented.

• You must be in possession of your UKCC pin.
• A copy of your Work Permit and Passport. If you are a female and your documentation is in your maiden name, make sure all documents are amended to show your married name.
• A strongly supportive letter of reference from your employer detailing that you are employed by them on a two-year work permit; your salary; that you are a valued member of the staff.
• It may be possible to get a letter from the employer stating any vacancies they may have  that may be filled by your spouse, for example, portering, catering, gardening etc.
• Pay slip to validate actual pay, including overtime, minimum 3 months  post- adaptation salary.
• Bank/building society statements showing savings of at least £2,500 -£3,000.
• Letter from the landlord of your accommodation stating that they consent to having it used as family accommodation, or by a husband and wife.  Also, a copy of your short hold tenancy agreement.
• When your spouse has received the documents, he/she should also add any documents that show any personal savings, work qualifications, skills, etc. that he/she has, as these could be of help during their first few months in the U.K.

Documents and applications must be sent to your spouse in the Philippines who would go directly to the British Embassy in Manila to submit his/her and your children’s applications, and undertake an interview that will assess if they qualify for entry clearance into the U.K.  It is of great importance to file your application only when you have fulfilled all the requirements so as not to risk being rejected.

Q.  What documents do I need from the Philippine Embassy to apply for a Philippine passport for my dependents in the Philippines?
 

A.    You should execute an Affidavit of Support and Consent to Travel and a Special Power of Attorney, duly notarized by the Philippine Embassy, authorizing your representative in the Philippines to apply for your dependent’s passport with the Department of  Foreign  Affairs, Manila. You must also secure an Exit Clearance for your minor children from the Department of Social Welfare and Development (DSWD) to travel from the Philippines to the U.K. The affidavit form is available at the Consular Section of the Philippine Embassy.

Q.  I am a vacationing contract worker holding a valid employment  contract.  What  other documents do I need to present to Philippine authorities at NAIA to enable me to return to the United Kingdom?
 

A.    The Overseas Employment Certificate (OEC) is used by POEA to monitor the flow of Filipino workers, and by the Overseas Filipino Workers (OFW) to avail themselves of travel tax exemption. Vacationing Filipino workers should present a valid OEC upon departure from the Philippines.  POEA issues OEC at the POEA central office, POEA regional centers and extention units, and NAIA terminal. To avoid the rush, the OEC can also be secured by the workers even before their return to the Philippines from the Philippine Embassy.  A fee of £1.80 should be paid at the cashier’s office of the Consular Section before proceeding to the Labor Attache’s Office at Room 8, MacMillan House, 96 Kensington High Street, London.