got newborn in canada

[barmy]

Hello everyone...
i have a question if i got a newborn baby in Canada while i am on study permit is it our baby citizen of Canada or not????
please reply
thank you

 

[scylla]

If the baby is born in Canada it is a Canadian citizen.

 

[barmy]

ok thnx for reply

 

[Gunpowder]

then what will be the parents status? parent visa usually holds for 18years of the kid....is that so?

 

[scylla]

then what will be the parents status? parent visa usually holds for 18years of the kid....is that so?

The parent will have the same status they had before (i.e. foreign student in Canada on a student visa). Having a baby in Canada has no impact on the parent's status.

 

[ameet747]

If the baby is born in Canada it is a Canadian citizen.

That's incorrect. The kid won't have Canadian citizenship just because he/she was born in Canada, only a Canadian birth certificate.

 

[PMM]

Hi

That's incorrect. The kid won't have Canadian citizenship just because he/she was born in Canada, only a Canadian birth certificate.

You know not, what you are saying. The child was born in Canada, the parents were not diplomats. The child is a Canadian citizen.

 

[acca247]

The child is not a Canadian by virtual of birth. It applies in US not Canada. If it is in US,the child is an American but if in Canada,the child is not automatically a Canadian.

 

[NeedleArtist]

The Canadian Citizenship Act clearly states that anyone born in Canada is a Canadian citizen, unless one (or both) parents hold diplomatic status. Even in this case, if one or both parents later apply for PR, the child will then be considered (retroactively) a Canadian citizen by birth.

Some of you may have misunderstood things you heard or read from news sources. The Harper government is currently considering changes to the Citizenship Act that would crack down on "birth tourism", but as of now no actual changes to the act have been made. In fact, no changes to the law have even been introduced yet by the current government, and a final decision on whether or not to actually do so has yet to be made.

Don't spread false information based on assumptions. If you're still not convinced, simply Google the act and see for yourselves.

 

[scylla]

The child is not a Canadian by virtual of birth. It applies in US not Canada. If it is in US,the child is an American but if in Canada,the child is not automatically a Canadian.

You are wrong. Please don't post incorrect information.

A child is Canadian by virtue of it's birth. Born in Canada = automatically a Canadian citizen - unless the child's parents are diplomats (as PMM mentioned).

If someone is here on a student visa and they have a child in Canada, that child is automatically a citizen of Canada.

 

[ameet747]

You are wrong. Please don't post incorrect information.

A child is Canadian by virtue of it's birth. Born in Canada = automatically a Canadian citizen - unless the child's parents are diplomats (as PMM mentioned).

If someone is here on a student visa and they have a child in Canada, that child is automatically a citizen of Canada.

I think instead of just telling everyone that they're wrong, you must check your own facts again. Well, I have checked mine and I stand by what I said. Here's the link of Government of Canada's official website to prove what you're saying is wrong. Also, I am pasting relevant text from the link:
However, like with other foreign nationals not holding Canadian citizenship, children born in Canada of foreign representatives who are not Canadians by birth and no longer accredited may eventually be naturalized Canadian citizens, subject to relevant provisions of the Immigration and Refugee Protection Act and once the residency obligations as set out in section 5 of the Citizenship Act are met.

http://www.international.gc.ca/protocol-protocole/circular-note_note-circulaire_xdc-0543.aspx?lang=eng&view=d

It's clear from above that in the event of neither of the parents being a Canadian citizen, the newborn does not become a Canadian citizen by mere virtue of its birth on Canadian soil.

 

[PMM]

Hi

I think instead of just telling everyone that they're wrong, you must check your own facts again. Well, I have checked mine and I stand by what I said. Here's the link of Government of Canada's official website to prove what you're saying is wrong. Also, I am pasting relevant text from the link:
However, like with other foreign nationals not holding Canadian citizenship, children born in Canada of foreign representatives who are not Canadians by birth and no longer accredited may eventually be naturalized Canadian citizens, subject to relevant provisions of the Immigration and Refugee Protection Act and once the residency obligations as set out in section 5 of the Citizenship Act are met.

http://www.international.gc.ca/protocol-protocole/circular-note_note-circulaire_xdc-0543.aspx?lang=eng&view=d

It's clear from above that in the event of neither of the parents being a Canadian citizen, the newborn does not become a Canadian citizen by mere virtue of its birth on Canadian soil.

Your really didn't understand the above quote, did you? Foreign Representatives are accredited diplomats to Canada, their children don't receive citizenship as explained at least twice before. Every other child born in Canada, is a Canadian citizen at birth.

From the citizenship Act

Persons who are citizens

3. (1) Subject to this Act, a person is a citizen if

(a) the person was born in Canada after February 14, 1977;

Not applicable to children of foreign diplomats, etc.

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

(b) an employee in the service of a person referred to in paragraph (a); or

(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).

 

[ameet747]

Hi


Your really didn't understand the above quote, did you? Foreign Representatives are accredited diplomats to Canada, their children don't receive citizenship as explained at least twice before. Every other child born in Canada, is a Canadian citizen at birth.

From the citizenship Act

Persons who are citizens

3. (1) Subject to this Act, a person is a citizen if

(a) the person was born in Canada after February 14, 1977;

Not applicable to children of foreign diplomats, etc.

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

(b) an employee in the service of a person referred to in paragraph (a); or

(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).

I DO understand the meaning of the term 'foreign representative'. The crux of my argument was based on the part that I have highlighted in red above. However, I understand that what I highlighted needs to be read in combination with the text highlighted in green. So, in that sense, I concede that I was wrong. But, not because of what you pointed out, the 'foreign representative' was always clear to me. Peace

 

[emmaco]

my friend who is on student's visa gave birth to a boy in canada, a canadian passport was issued to the new born baby when they're returning home. While at home, the passport expired and another passport was re-issued to the young boy at the embassy in my country. So, you can make your own conclusion, when someone is using another country's passport what does that implies?

 

[Oblivia]

I DO understand the meaning of the term 'foreign representative'. The crux of my argument was based on the part that I have highlighted in red above. However, I understand that what I highlighted needs to be read in combination with the text highlighted in green. So, in that sense, I concede that I was wrong. But, not because of what you pointed out, the 'foreign representative' was always clear to me. Peace

As per highlighted by you on PMM's quote of the Citizenship Act (bold and caps lock on 'and' are mine):

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence AND either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

You've been considering only part of the paragraph, not the whole thing. Both have to apply for the person born in Canada not to be a citizen: neither parent being citizen or PR AND one of the parents being listed in (a), (b), or (c).