Status of a baby born in Canada

[Tim E]

Hi All,

My brother is in Canada with a study permit for 2 years program. The wife went along with him as she was also given a work permit that will last for as long as the husband studies too. Both husband and wife are currently temporary residents but they have submitted their PR applications and waiting for approval.

Now they just discovered the wife is pregnant. Please I want to know;

-What happens to mother & child if the baby is born before their PR status pulls thru?

-Will the authorities allow her to have her baby there? Or will she be deported?

-Again, will the newborn be a Canadian citizen? Can they apply for Canadian Passport if the baby's birth certificate is obtained in Canada?

The couple is adequately covered by health insurance. But I hear there are new laws pertaining to babies born by temporary residents in Canada. The information i have gathered so far is either too confusing or a bit outdated. I will greatly appreciate very current information

Thanks!

 

[Gussy24]

Hi there,

I have been doing some reading on this and this is what I found out. The mother, under no circumstance can be deported because she is with child. The newborn will be a issued a birth certificate, and subsequently a passport.

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

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

(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;

(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;

(d) the person was a citizen immediately before February 15, 1977; or

(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act.

 

[Tim E]

Thanks a lot Gussy

I really appreciate your taking some time out to read extensively on this issue. Previously, i saw older posts dated as far back as 2011 so i wasn't quite sure it is applicable to the present.

With your reply, i can now put my sis-in-law's mind at rest.

She has been so worried her baby will be classified under the "anchor baby" category. Now i can tell her her situation is different right?

Am grateful

 

[Pro_Public]

Hi there,

I have been doing some reading on this and this is what I found out. The mother, under no circumstance can be deported because she is with child. The newborn will be a issued a birth certificate, and subsequently a passport.

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

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

(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;

(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;

(d) the person was a citizen immediately before February 15, 1977; or

(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act.

Please continue read:
(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen

Which means the baby is not a citizen if birth is before parents have PR.

 

[Tim E]

Hi Pro_Public

That is currently the Canadian law's stand on the issue right?

But i know PR is not the same as Citizenship.

So how is it a baby born of PR couple gets citizenship status when the parents are NOT yet citizens? I ask this because according to the section of the law you referred to, only babies born of citizens qualify for citizenship status ???

 

[iam_toby]

Hi Pro_Public

That is currently the Canadian law's stand on the issue right?

But i know PR is not the same as Citizenship.

So how is it a baby born of PR couple gets citizenship status when the parents are NOT yet citizens? I ask this because according to the section of the law you referred to, only babies born of citizens qualify for citizenship status ???

That's the full paragraph:

(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).

 

[iam_toby]

Source: http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html

 

[scylla]

So how is it a baby born of PR couple gets citizenship status when the parents are NOT yet citizens? I ask this because according to the section of the law you referred to, only babies born of citizens qualify for citizenship status ???

If a baby is born in Canada - it is automatically a citizen regardless of whether the parents are citizens, PRs, or here on a temporary basis (unless the parents are diplomats).

 

[Tim E]

See why am so confused about this issue now?

Some people say the newborn will be a citizen while others say she will not.

Hi Scylla, please are you sure what you said is presently obtainable in Canada today? Because the woman in question still has about 8months to go before putting to bed. That is enough time to make up her mind about where to have the baby.

Afterall, who wants to spend so much money having her baby where there are no legal benefits attached to it?

 

[SenoritaBella]

Scylla is correct. See this: http://www.cic.gc.ca/english/citizenship/rules/

See why am so confused about this issue now?

Some people say the newborn will be a citizen while others say she will not.

Hi Scylla, please are you sure what you said is presently obtainable in Canada today? Because the woman in question still has about 8months to go before putting to bed. That is enough time to make up her mind about where to have the baby.

Afterall, who wants to spend so much money having her baby where there are no legal benefits attached to it?

 

[Tim E]

Thanks Senoritabella

That link u posted was very helpful. It even had a free assessment tool for determining citizenship under the new law!

Your post is highly appreciated. I think you, Gussy & Scylla are right.

 

[Gussy24]

I actually have a friend who has a two year old that was born in Canada. She got deported (she was working illegally) and her daughter still received Citizenship. Your friend will be fine. All the best!