Thursday, April 9, 2009

Italy and its Citizenship Laws and the Filipino-Italian

Italian law requires that to be eligible to become a naturalized Italian citizen, the applicant must have been employed by the Italian state, in Italy or abroad, for at least 5 years or he/she must have rendered “eminent service to Italy.” In addition, before conferment of Italian citizenship, the person applying for naturalization must first give up his/her citizenship of origin.

Grounds to losing Italian citizenship
When Italian citizenship is already acquired, it cannot be lost arbitrarily. The only grounds to lose Italian citizenship are the following:
a. if the naturalized Italian citizen accepts public employment or a public post for a foreign state or public body (including the country of residence) or for an international organization to which Italy does not belong
b. if the naturalized Italian citizen does military service for a foreign state, including the country of residence, which has not stipulated conventions with Italy on this subject.

Moreover, the loss of Italian citizenship is not automatic. The naturalized Italian citizen is given a chance through a decree issued by the Ministry for Internal Affairs to leave such public employment, post or military service by a certain date. If such date expires and the decree is not obeyed, it is then that citizenship is lost.

Application of R.A. 9225

From the foregoing discussion, it may then be interpreted that former natural-born Filipino citizens who have become naturalized Italian citizens can reacquire their Filipino citizenship pursuant to R.A. 9225 and not lose their Italian citizenship as long as they don't hold public office in the Philippines or serve in the Philippine military.

Avoidance of Double Taxation
It should be noted that according to the website of the Philippine embassy to the Republic of Italy, an RP-Italy Convention for the Avoidance of Double Taxation with respect to Taxes on Income and the Prevention of Fiscal Evasion was signed in Rome on 05 December 1980 and ratified by the Philippines on 28 November 1983. The Convention came into force on 15 June 1990 upon the Exchange of Instruments of Ratification which took place in Manila.

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Special thanks to Gigi Crema for the legal research on this article.


Sources:
Legge n. 91/1992 and Decret President Republic N. 572/1993 and N. 362/1994
Liguria Region Site
Philippine Embassy to the Republic of Italy



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Friday, April 3, 2009

Canada, New Zealand, Switzerland and United Kingdom allow dual or multi-citizenship

Countries like Canada, New Zealand, Switzerland and the United Kingdom allow dual or multi-citizenship. They also allow their citizens to keep their respective citizenships even when their citizens acquire other nationalities.

Therefore, when former natural-born Filipinos who are now naturalized citizens of Canada, New Zealand, Switzerland and the United Kingdom reacquire Filipino citizenship pursuant to RA 9225, they will not lose their Canada, New Zealand, Switzerland and UK citizenships.

Sources:

Canada Depository Services Program
New Zealand Government Site
Switzerland Government Site
United Kingdom Government Site



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About This Blog

This site has been created in response to a clamor by Filipinos to understand better the effect of opting to become a dual citizen or multi-citizen through RA 9225, otherwise known as the “Citizenship and Re-acquisition Act of 2003.” Therefore, all site content are for information purposes only.


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The contents of this site should not be considered as legal advice.

I endeavor to provide cohesive, timely and easily comprehensible information in the service of the Philippines and the Filipinos. Your comments, corrections and suggestions to improve the site and its contents are then very much welcome.

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