Question: TRV and child born in Canada - what rights?

[jo-macral]

I have a curious question.

What rights do two thai citizens have in Canada, if they have their child in Canada on a TRV? Is the child a Canadian, and if so, what rights do the child, and parents have?

This is a live situation we read about, and are completely curious as to what rights the parents have as they are planning their entire future on the assumption they can stay in Canada and collect benefits.

To be clear, both the child's mother and father are Thai citizens on a TRV to Canada, but they expect their child to be born before their TRV expires.

 

[scylla]

The parents have no rights.

The child has all of the rights that go along with citizenship. However there are no benefits for the parents.

The parents will not be able to stay in Canada as a result of having a citizen child. They should adjust their planning accordingly.

 

[jo-macral]

That is what we thought too. The parents are pretty much out of money after giving birth to their child (costly without medical), and they believe they can stay indefinitely riding off their child's coattails with benefits, subsidised living, and work permits.

 

[scylla]

That is what we thought too. The parents are pretty much out of money after giving birth to their child (costly without medical), and they believe they can stay indefinitely riding off their child's coattails with benefits, subsidised living, and work permits.

Sadly for them this is not the case. Hopefully someone educates the parents before they end up in a removal situation.

 

[Rob_TO]

That is what we thought too. The parents are pretty much out of money after giving birth to their child (costly without medical), and they believe they can stay indefinitely riding off their child's coattails with benefits, subsidised living, and work permits.

Just to reinforce, they will get nothing as they are not PRs or citizens.
Eventually their TRVs will run out and after a point will not be able to be extended, and they will need to leave voluntarily or will be deported. Canada will assume they will take the child with them back to Thailand.

 

[jo-macral]

Thank you guys - it will be interesting to see how this pans out, but it looks like the couple is quite stubborn and although people are telling them this will not work, they somehow believe in their hearts that they will have superhuman immunity.. It is quite interesting to follow the pure stupidity behind their belief, but it looks like they will learn the hard way.

 

[txboyscout]

Thank you guys - it will be interesting to see how this pans out, but it looks like the couple is quite stubborn and although people are telling them this will not work, they somehow believe in their hearts that they will have superhuman immunity.. It is quite interesting to follow the pure stupidity behind their belief, but it looks like they will learn the hard way.

I hear of so many cases like this all the time. They somehow think that by giving birth to a child in Canada they are entitled to stay with it until the child turns 18. THIS IS NOT THE CASE. Parents cannot draw any immigration benefits from a minor citizen child. Unfortunately, once the reality sinks it, it will be a harsh wake up call

 

[ttrajan]

If home country don't give visa to Canadian child then what will happen?

 

[scylla]

If home country don't give visa to Canadian child then what will happen?

This won't happen. If the parents stay long enough for a deportation order to be issued then the Canadian government will work with the home country to get a visa issued for the child to allow the child to accompany the parents when they are removed.

 

[canuck_in_uk]

A quick perusal of Thai citizenship law shows that a child born to Thai citizens anywhere in the world is legally Thai as well, so they could be deported to Thailand without issue.

 

[on-hold]

A quick perusal of Thai citizenship law shows that a child born to Thai citizens anywhere in the world is legally Thai as well, so they could be deported to Thailand without issue.

And the kid can get citizenship papers/travel docs at any consulate, it's not even necessary to go to the embassy. I'm surprised this is so difficult for the parents to understand, Thailand has resisted granting citizenship to resident non-Thai minorities forever, and children born to temporary foreigners aren't citizens either.

Explain to them as well, though, that the child's Canadian citizenship is perfectly secure, and they should maintain the documents that prove it safely.

 

[rhcohen2014]

Explain to them as well, though, that the child's Canadian citizenship is perfectly secure, and they should maintain the documents that prove it safely.

so since the child is a canadian citizen, will the child be able to receive benefits like a SIN#, OHIP, welfare and registering for school? While it's illegal, if the child can get this, couldn't the parents technically use the child's identity to make life in canada???

 

[on-hold]

so since the child is a canadian citizen, will the child be able to receive benefits like a SIN#, OHIP, welfare and registering for school? While it's illegal, if the child can get this, couldn't the parents technically use the child's identity to make life in canada???

Yes, the child can get all of these, and probably should while they're here -- but since they can't live here by themselves, being a newborn, how will this benefit the parent? I don't understand what you're arguing, that the fact that the child has OHIP means that they also have the right to stay here and use it, and that there parents have the right to stay here to take care of them so they can access OHIP? What would the name of this visa be, that that the parents receive?

 

[scylla]

so since the child is a canadian citizen, will the child be able to receive benefits like a SIN#, OHIP, welfare and registering for school? While it's illegal, if the child can get this, couldn't the parents technically use the child's identity to make life in canada???

Yes - the child can get all of these benefits. It doesn't change a thing for the parents - they still receive no benefits. No - they can't use the child's identity to receive benefits. Part of that identity includes the person's age and they clearly aren't a newborns. So no OHIP and no SIN or welfare for them. If they try, it will likely just get them deported faster for fraud.

If the parents want the child to receive these benefits and remain in Canada - then they can find a guardian for the child in Canada who is a PR or citizen and leave the child with that guardian while they return home.

 

[rhcohen2014]

Yes, the child can get all of these, and probably should while they're here -- but since they can't live here by themselves, being a newborn, how will this benefit the parent? I don't understand what you're arguing, that the fact that the child has OHIP means that they also have the right to stay here and use it, and that there parents have the right to stay here to take care of them so they can access OHIP? What would the name of this visa be, that that the parents receive?

no i don't mean for the parents to use ohip or services for THEMSELVES. i mean the parents can *technically* live in canada illegally while the kid enjoys the benefits of citizenship. Healtcare, education, etc. The parents can get jobs working under the table and stay below the radar. obviously it's dumb to do, because of the risk. it just sounds like this couple would consider doing just that. Live off of the kid... apply for whatever the kid can get as a citizen and use it to build a life. Apply for credit cards in the kids name, apply for welfare for the child (not the parent) stuff like that. Maybe it's just easier in the states or i watch too much judge judy, but there are ways people steal kids' identity and cheat the system!