Child born in Canada while parents on work permit

[jelo]

HI,

We will soon have a child in Canada while both parents are on valid work permits. I know that the child will automatically be Canadian citizen.

Somebody told me that while the child is underage (younger than 18) the parents would get PR status to stay with the child in Canada. Is that correct? Otherwise, once the work permit expires, how could we as parents stay within Canada with the Canadian child?

Thanks, Jelo

 

[YorkFactory]

Having a Canadian child grants you no special status, and the child wouldn't be able to sponsor you before turning 18. You would need to find some other basis (skilled-worker immigration, provincial nominee program) on which to remain in Canada.

 

[Leon]

Agreed. You have to qualify for your own immigration regardless of the status of your child. There is no special class of PR for parents of Canadian children. If you can not extend your work permit or get PR somehow, you are of course free to take your child with you when you leave Canada. As a Canadian citizen, he will always have the right to return to Canada when he is older.

 

[Hummad]

What happens if parents do not apply/qualify for any other category of Immigration? What'll happen then?
Will they be asked to leave the country, leaving their child in Canada????
Will the Family Life not be compromised?
If Parents are asked to leave the country at the end of their Visit Visa/TRP & take their child with them, this will mean, they asking Canadian citizen to leave his/her own country?
Canada cannot send its own citizens by force.
How can a child live/survive without mother & father?
Will the Human Rights not be violated?

 

[mikeymyke]

What happens if parents do not apply/qualify for any other category of Immigration? What'll happen then?
Will they be asked to leave the country, leaving their child in Canada????
Will the Family Life not be compromised?
If Parents are asked to leave the country at the end of their Visit Visa/TRP & take their child with them, this will mean, they asking Canadian citizen to leave his/her own country?
Canada cannot send its own citizens by force.
How can a child live/survive without mother & father?
Will the Human Rights not be violated?

If it is your dream to live in another country, then you should apply for whatever category of immigration is required. There are hundreds of qualified jobs that Canada is seeking under provincial and federal programs. If you have a skill we need, we will take you. If you choose not to take those skills to live in a country you dream of, then go back home.
Who says they have to leave their child in Canada? Nobody's forcing you to leave the child in Canada.
They're not asking Canadian citizen to leave his/her country, they're asking YOU to leave, because you do not have the right to continue your stay due to an expired work permit.
They're NOT forcing a child out, they're forcing the parents because they do not have the right to live in Canada, as they are not citizens/PRs, or have a valid permit.

 

[scylla]

If Parents are asked to leave the country at the end of their Visit Visa/TRP & take their child with them, this will mean, they asking Canadian citizen to leave his/her own country?
Canada cannot send its own citizens by force.

Canada will not send a citizen away. The Canadian citizen is of course welcome to stay in Canada (the parents can appoint a guardian who is a Canadian citizen or PR if they are unable to extend their visas and unable to obtain PR on their own). If the Canadian citizen is unwilling/unable to remain in Canada without their parents, then they are welcome to leave Canada and return once they are old enough to manage on their own. There's no human rights issue.

 

[truesmile]

This is exactly why (or one reason why) they didn't or don't change the laws on birth citizenship, because it offers the parents no special status, back door, loophole, or otherwise to gain PR in Canada. The law takes care of itself.

 

[ramgu]

Guys, I have my son with Canadian Passport and now I am applying for PR under CEC. Can anyone guide me what should I take care while applying. I should not add him as a dependent in the mail application and should only fill his details in Additional Family Information form.. is that correct?

 

[Leon]

Guys, I have my son with Canadian Passport and now I am applying for PR under CEC. Can anyone guide me what should I take care while applying. I should not add him as a dependent in the mail application and should only fill his details in Additional Family Information form.. is that correct?

That's right. Because he is a citizen, you will not include him in your IMM0008 form but you will include him in the Additional family information form.

 

[Khushigarg111]

I am pregnant and i am on work permit in canada. I am so worried, will i face any problem in giving birth to my baby. Can i need some financial status for this. Should my baby face any problem as i am not a citizen. Will i be stay here as my work permit is going to finish next year or i be also the citizen or pr in canada.

 

[YVR123]

I am pregnant and i am on work permit in canada. I am so worried, will i face any problem in giving birth to my baby. Can i need some financial status for this. Should my baby face any problem as i am not a citizen. Will i be stay here as my work permit is going to finish next year or i be also the citizen or pr in canada.

Do you have health insurance to cover the cost of child birth? The child will be canadian citizen BUT you will have no special status. You are still on whatever you are on. Having a child in Canada DO NOT give you anything in addition.

Your work permit will still finish next year. You can apply for PR if you qualify. Otherwise, plan to bring your child with you back to your home country after.
Also, how are you going to work and take care of your baby?

 

[Khushigarg111]

Do you have health insurance to cover the cost of child birth? The child will be canadian citizen BUT you will have no special status. You are still on whatever you are on. Having a child in Canada DO NOT give you anything in addition.

Your work permit will still finish next year. You can apply for PR if you qualify. Otherwise, plan to bring your child with you back to your home country after.
Also, how are you going to work and take care of your baby?

My husband is also with me. I will now apply for my permanent residence and can i still remain waiting for my pr. Will my husband also get pr after i will get it?

 

[YVR123]

My husband is also with me. I will now apply for my permanent residence and can i still remain waiting for my pr. Will my husband also get pr after i will get it?

If you have a husband, you need to include him in your application. I am not familiar with what route you are applying via (PNP, Express Entry...etc).
Post your PR application questions in the corresponding section. And people will answer your questions accordingly.

BTW, if you are pregnant, you may have to delay your medical (X-Ray) till later of your pregnancy.

There is no bridging status between work permit and PR application. (Applying for PR doesn't give you any special status) So you cannot stay here while waiting. (I do not know if you stay here illegally, will that impact your PR application)

Unless your husband is already a Canadian citizen or a PR of Canada. (which you didn't mention)
Then that would be family sponsorship and that's different.

 

[C_vitamin]

I am pregnant and i am on work permit in canada. I am so worried, will i face any problem in giving birth to my baby. Can i need some financial status for this. Should my baby face any problem as i am not a citizen. Will i be stay here as my work permit is going to finish next year or i be also the citizen or pr in canada.

Hello,

I will get my PGWP soon and start a job in NOC B category. I will have only 1 year work permit. I am pregnant now. When I gave birth, can I take maternity leave because of birth?or should I work full time 1 year without break? What are the rights for pregnant woman who has only 1 year work permit. If you know could you please answer me? Thank you so much.

 

[scylla]

Hello,

I will get my PGWP soon and start a job in NOC B category. I will have only 1 year work permit. I am pregnant now. When I gave birth, can I take maternity leave because of birth?or should I work full time 1 year without break? What are the rights for pregnant woman who has only 1 year work permit. If you know could you please answer me? Thank you so much.

You need to have 600 insurable hours of work to qualify for maternity benefits. You will qualify for materity leave benefits while your work permit is still valid. You must have both a valid work permit and SIN to qualify for maternity benefits.