Child born in Canada

[Benas]

Hi my wife and I are refugee Claim in Canada since 2010,new baby born in Canada one month ago, the question,he is already a Canadian citizen?
If i will not grant the refugee status,whether I be able to take care of him in Canada?

 

[computergeek]

As a general rule, yes, a child born in Canada is a Canadian citizen.

If your refugee claim is rejected, you can file an H&C application citing the best interests of your child.

Good luck!

 

[Fencesitter]

I just watched a video with Minister Kenny discussing this very issue. It looks like they want to reform this part of the law in an effort to stop people from taking advantage of our system. There have been a lot of reports of Chinese coming over to have their child born in Canada so they can have access to our social programs. I think the law should only apply to Canadian citizens and PR holders.

FS

 

[scylla]

Hi my wife and I are refugee Claim in Canada since 2010,new baby born in Canada one month ago, the question,he is already a Canadian citizen?
If i will not grant the refugee status,whether I be able to take care of him in Canada?

Yes - your child is a Canadian citizen. No - having a Canadian citizen child does not grant you the right to remain in Canada. As computergeek indicated, if your refugee claim is refused, you can file an H&C claim to request to remain in Canada. However there's a good chance this claim will be refused.

 

[Benas]

I just watched a video with Minister Kenny discussing this very issue. It looks like they want to reform this part of the law in an effort to stop people from taking advantage of our system. There have been a lot of reports of Chinese coming over to have their child born in Canada so they can have access to our social programs. I think the law should only apply to Canadian citizens and PR holders.

FS

Hi,laws have already been adopted or under discussion?

 

[R151NG5UN]

It is hard to see how this law can be changed on humanitarian grounds. I would imagine the U.N would be looking closely if any rules removed citizenship new born children. What needs to be tightened up is to stop the parents coming in to Canada before they give birth. A new born child has no control over where they are born and as almost every single country in the world awards citizenship if born on that Country's soil. Leaving a child stateless is not a good thing.

Further controls are needed to prevent parents from abusing the system. It is not just Canada that has this problem, most 1st world Country's have exactly the same problems as Canada. I don't know about the U.S, Australia and New Zealand but with the free health care of the U.K and Canada it is obviously going to be an attraction for people who have the agenda of giving birth in a country that has lots of economic benefits.

 

[Fencesitter]

Hi,laws have already been adopted or under discussion?

Not that I know of...

This also happens a lot in Hong Kong. Mainlanders go there to give birth solely because of the benefits of having a HK passport. They've cracked down on it, though.

I don't see why airlines couldn't help control this problem in conjunction with applicable laws.

Diplomats are the only folks who do not gain citizenship if they have their child born abroad...which makes perfect sense.

If a child born in Canada is automatically a citizen, the child should have to meet residency requirements in order to maintain citizenship. Citizenship is not merely being born in a country...there is a lot more to it than that...I'm a Canadian citizen...grew up there...that's what I consider a citizen...

FS

 

[R151NG5UN]

Not that I know of...

This also happens a lot in Hong Kong. Mainlanders go there to give birth solely because of the benefits of having a HK passport. They've cracked down on it, though.

I don't see why airlines couldn't help control this problem in conjunction with applicable laws.

Diplomats are the only folks who do not gain citizenship if they have their child born abroad...which makes perfect sense.

If a child born in Canada is automatically a citizen, the child should have to meet residency requirements in order to maintain citizenship. Citizenship is not merely being born in a country...there is a lot more to it than that...I'm a Canadian citizen...grew up there...that's what I consider a citizen...

FS

Airlines cant crackdown on it, as any person is valid to travel providing they have purchased a ticket. They can't refuse pregnant mothers just because they are pregnant besides which any directive would need to come from the Country of landing.

A child being born in a country makes them a citizen whether you like or dislike the rule. If your child was born in another country and when they were an adult decided to go and live in that country, I assume you would support your child and all the freedoms that citizenship allowed.

I agree the laws to prevent people giving birth solely for exploiting healthcare, social assistance and financial benefits need to be controlled/ regulated better but once a child is born on that country's soil they are a Citizen and any law by any Country to try and change that will be scrutinised by the U.N. No child deserves to be left stateless!

 

[Fencesitter]

Who said anything about leaving a child 'stateless'? The child must meet residency requirements...if not, the child goes with mom and dad back to mom and dad's country...we're talking about a pregnant woman who goes to Canada solely for the purposes of gaining citizenship for her child...right? So, if the kid is born in Canada, but mom has no means of staying (PR), bye-bye citizenship for child and banned for life + heavy fines.

Airlines can easily crack down on this sort of thing if there are laws on the books that would back them up. Like I said, in 'conjunction with applicable laws'.

Ok, a child born in Canada becomes a citizen. Then mom and dad raise the child in their home country (they never had any intention of staying...just long enough to abuse the system). When meeting the child in his mom and dad's home country, the child says, "I'm from Canada." That's total BS. In my view, to call yourself Canadian means you must have spent a significant amount of time IN CANADA! Otherwise you're just a leech on the system.

There is so much more to being a citizen than just being born in a country...

The laws ought to be amended to protect Canada and the tax payers...

FS

 

[R151NG5UN]

Stateless= Not recognised as a citizen of any country. This is a worldwide problem, everybody in the world has a god given right to be a citizen.

Your argument is a political argument about parents who abuse the system and those who do so should be penalised I agree with you but the child has no knowledge of what country it is born in to and the benefits or lack of benefits that are assosciated with it. My argument is an argument of humanitarian needs for every single child born on to this planet.

To remove citizenship from a child born in any country will be scrutinised to the highest degree by powers above Parliament.

We need to do a better job at ensuring that national and international laws make it easier for people to become citizens and make it harder for states to deny or deprive people of citizenship.

 

[Isometry]

Who said anything about leaving a child 'stateless'? The child must meet residency requirements...if not, the child goes with mom and dad back to mom and dad's country...we're talking about a pregnant woman who goes to Canada solely for the purposes of gaining citizenship for her child...right? So, if the kid is born in Canada, but mom has no means of staying (PR), bye-bye citizenship for child and banned for life + heavy fines.

What if the parent's country doesn't give citizenship to children who were born outside the country? For example, Syrian citizenship is normally passed through the father, but a child born to a Syrian mother and non-Syrian father in Canada wouldn't get Syrian citizenship.

How would you enforce fines if you're also banning someone from the country for life? What if I'm only 6 months pregnant, and am visiting Canada with the intent to leave in 2 weeks and later give birth in my home country, but go into labor early?

Airlines can easily crack down on this sort of thing if there are laws on the books that would back them up. Like I said, in 'conjunction with applicable laws'.

So... what law would you propose? Have every woman between 12 and 50 pee on a stick before a flight? Just look at them and guess if they look pregnant or not?

Ok, a child born in Canada becomes a citizen. Then mom and dad raise the child in their home country (they never had any intention of staying...just long enough to abuse the system). When meeting the child in his mom and dad's home country, the child says, "I'm from Canada." That's total BS. In my view, to call yourself Canadian means you must have spent a significant amount of time IN CANADA! Otherwise you're just a leech on the system.

Fencesitter, what residency laws would you consider fair? 2 out of 5 years, like a PR? IIRC, something like that would cost you your citizenship, too.

 

[Benas]

I thank you for your submissions and replies,
When I came to Canada, I realized that this is a country where you can live, you work for it, earn yourself and the country where you live, you pay taxes, and several levels of economic development, one year after I started to do my business , so he is not big but I pay tax employ people, I think that the Canadian government should consider and give chance like me.
So I do not want my children to grow up in the country without a future.

 

[Benas]

I do not want taxpayers' money, as far as I know a lot of Canadian citizens live on benefits, the same as I pay taxes and earn his or her family

 

[Fencesitter]

What if the parent's country doesn't give citizenship to children who were born outside the country? For example, Syrian citizenship is normally passed through the father, but a child born to a Syrian mother and non-Syrian father in Canada wouldn't get Syrian citizenship.

How would you enforce fines if you're also banning someone from the country for life? What if I'm only 6 months pregnant, and am visiting Canada with the intent to leave in 2 weeks and later give birth in my home country, but go into labor early?

So... what law would you propose? Have every woman between 12 and 50 pee on a stick before a flight? Just look at them and guess if they look pregnant or not?

Fencesitter, what residency laws would you consider fair? 2 out of 5 years, like a PR? IIRC, something like that would cost you your citizenship, too.

I was expressing an opinion. The Syrian scenario would be a tough one, no doubt, and of course there would have to be some exceptions, but it's not in Canada's best interest to continue allowing people to game the system...you'd agree with that, no?

Okay, scrap the fine, but keep the ban...

The pee on the stick comment was rather crass, so I'm not going to touch that one.

No, to be a Canadian you must live in Canada for a significant period of time. Giving out citizenship certificates like they're candy is not in our interest (by the way, are you a Canadian citizen?).

FS

 

[R151NG5UN]

I was expressing an opinion. The Syrian scenario would be a tough one, no doubt, and of course there would have to be some exceptions, but it's not in Canada's best interest to continue allowing people to game the system...you'd agree with that, no?

Okay, scrap the fine, but keep the ban...

The pee on the stick comment was rather crass, so I'm not going to touch that one.

No, to be a Canadian you must live in Canada for a significant period of time. Giving out citizenship certificates like they're candy is not in our interest (by the way, are you a Canadian citizen?).

FS

Once again Canadian citizenship is given to any child born in Canada and rightly so. How you determine who is a Canadian citizen is your perogative, it's not law and fingers crossed nor shall it ever be. There once was a famous individual despite not being German decided on who he thought was the "ideal" German and acted accordingly. The United Nations was introduced because of this very same person and the world is a much better place for it. Everybody on this planet has a god given right to Citizenship.

You realise a huge part of Canada was built up from people who fled certain countries for varying reasons and built Canada what it is today, under your rules this would not have been allowed to happen. Your statements sound like that of a dictator.

I am not a Canadian Citizen, I am a British Citizen born and raised here for over 30 years and Britain has exactly the same issues as Canada but I would never advocate such draconian measures. I am a proud Brit and proud of the laws of my Country, some are wrong and I accept that but I would feel ashamed of my Country if they even discussed the measures you are advocating.