2. Nationality is the status of belonging
to a particular nation by origin, birth,
or naturalization. It can be an ethnic
group that is part of a larger entity
such as a state.
3. Nationality gives the right to live and
work permanently in a country, and
includes other rights, such as the right to
have a passport issued by that country,
the right of abode in that country's
embassies, right of social security, right
to exercise some legal or political
professions (e.g magistrate, president of
the country). Nationality may also
include obligations, such as military
5. What is Citizenship?
Citizenship is commonly defined as
“the state of being vested with the
rights, privileges, and duties of a
citizen,” who is “a native or
naturalized member of a state or
other political community.”
6. Citizenship in itself does not give the
right to live in a country (a visa or
nationality is required for that), but only
to vote at elections (sometimes also the
right to be elected). Citizenship can be
national (nationwide), subnational (only in
one state, region, province or
municipality), or supranational (valid in
several countries, like within the EU or
Commonwealth).
7. It is widely believed that the concept
was first introduced to the West by the
ancient Greeks who implemented it in
small communities and who distinguished
their citizens from the non-citizens – i.e.,
the slaves, the “barbarians” and the
women. It was then expanded by the
ancient Romans to cover their entire
empire and in so doing legitimize their rule
over their conquered territories, and
further refined by the French, who, by
staging the French Revolution, did away
with a “caste system” for their citizens so
that the commoners would have the same
rights as the nobles.
8. The modern concept of citizenship has
of course developed further, and countries
and supranational entities (e.g., the
European Union with their concept of an
EU citizen) are up to now still debating
related matters. Complicating things a
bit is the issue of citizenship versus
nationality: The former is deemed “more
exclusive” while the latter is afforded those
people from colonial territories who do not
enjoy all citizenship rights. Because of the
size of the former British Empire, the UK
has probably the most interesting and most
confusing citizenship and nationality
laws.
9. There are some cases of nationality
without citizenship. For instance, until
recently, people naturalized French could
not vote for the first 5 or 10 years after
taking the French nationality.
But there are also cases of citizenship
without nationality, which is much
more common. For instance, foreigners in
the Benelux, the 5 Nordic countries, some
Swiss cantons, Portugal and New
Zealand have the right to vote at some or
all elections, and in some cases to be
elected too. Nationals of Commonwealth
countries living in the UK can also vote
and be elected in the UK.
10. In Japan, has given the right to vote
(but not to be elected) to permanent residents
(only) at municipal elections (only). So
99.99% of foreigners in Japan do not have
citizenship rights at all.
Nationals of EU member-states all enjoy
the rights given by nationality and
citizenship in other EU countries, with some
restrictions. Citizenship rights are limited to
EU and local elections, and nationality rights
do not include the right of social security (but
many non-EU countries don't have any,
anyway) or the obligation of military service.
11. What is Dual Nationality?
Dual nationality is a “status long
recognized in the law” and that “a
person may have and exercise rights
of nationality in two countries and be
subject to the responsibilities of
both. The mere fact that he asserts
the rights of one citizenship does
not without more mean that he
renounces the other”.
12. Dual nationality results from
the fact that there is no uniform
rule of international law relating
to the acquisition of nationality.
Each country has its own laws on
the subject, and its nationality is
conferred upon individuals on the
basis of its own independent
domestic policy. Individuals may
have dual nationality not by
choice but by automatic operation
of these different and sometimes
conflicting laws.
14. Republic Act No. 9225,
also known as the
Citizenship Retention and
Re-Acquisition Act of 2003,
an individual, who was a
natural-born Filipino citizen
but lost his/her Philippine
citizenship due to
naturalization as a citizen of
a foreign country, may now
apply for the Administration of
Oath of Allegiance to the
Republic of the Philippines.
15. PHILIPPINE IMMIGRATIONS: New
rules on dual citizenship: Filipinos with dual
citizenships can now enter end leave the
country, trouble free, as long as they present
both their Philippine and foreign passports to
immigration officers at the time of arrival or
departure, according to immigrations
Commissioner Alipio Fernandez Jr.
This developed after bureau of
immigration came out with new rules for
arriving and departing passengers who availed
themselves of the dual citizenship law passed
by Congress last year.
16. Under the law, Filipinos who became, or are
intending to become naturalized citizens of other
countries, have not lost their Philippine
citizenship. According to Mr. Fernandez, a
Filipino who presents a foreign passport shall only
be given an indefinite stay in the country if he or
she can show a valid Philippine passport or a
certificate from the BI as proof of dual
citizenship.
The immigration officer then makes the
appropriate stamp on both the foreign and
Philippine passports of the passenger.
Immigration executive director Roy Almoro said
the new rules were issued in the wake of reports
of misunderstanding between immigration
officers and passengers with dual citizenship.
17. Airport immigration head of
supervisors Ferdinand Sampol said
dual citizens who entered the
country using foreign passports
will be cleared for departure
provided they present a valid
Philippine passport and bureau of
immigration certificate.
The passenger is no longer
required to present a certificate,
exit permit or proof of payment of
immigration fees.
27. Dual military obligations
It is concerning the risk that people might be
doubly obliged to compete national service.
28. Citizenship as the basis to
determine applicable law
Nationality is one of the criteria to determine the
applicable domestic law, especially in the area of family and
inheritance law. However, according to private international
law – i.e. the principles which decide which domestic law
applies in a given situation – the principle of effective
citizenship means that the applicable law is that of the country
to which those concerned have an effective tie, in other words
the country where they normally reside.
29. Possible double taxation of
dual nationals
A state can tax its nationals regardless of
their place of residence. Further, people must
regularly meet their tax obligation in the
country where they are economically active.
This obviously gives rise to the risk of
double taxation.
30. Diplomatic protection for
persons with dual nationality
Claiming diplomatic protection, whereby a state
is entitled to protect its subjects against acts contrary
to international law committed by another state. In
the case of dual nationals, there could be some
dispute as to which state may provide legal
protection. On the other hand, conflict may arise if a
state intervenes on behalf of a citizen residing in
another state of which he or she is also a citizen.
31. ‘Unjustified’ double voting rights
In nearly all states, voting rights are given on
the basis of citizenship. Some commentators,
therefore, critically point out that persons who are
the citizens of two countries can also vote in two
countries. Critics argue that this undermines the
basic principle of equality of citizens, which is
expressed by “one person, one vote”.
32. Loyalty
A distinction may be made between conflicts
specifically mentioned and less explicit general
doubts about the necessary degree of loyalty. One
such possible specific conflict is that in the event of
war a state depends on the undivided loyalty of the
nationals it can call to arms in its service.
34. PROS CONS
Immigrants
Acquire rights as nationals
Take on obligations as nationals
Receive acknowledgment of multiple of two or more countries
memberships and loyalties
Sending States
Promote economic development
Permit undue influence of immigrants
Encourage remittances in domestic politics; immigrants
Develop a sympathetic lobby in receiving as political loose cannon
country
Receiving States
Support foreign policy goals Divide loyalties of citizens
Encourage the naturalization of
Delay immigrant adoption of citizenship
immigrants
Recognize realities of
Devalue meaning of citizenship
transnational allegiances
