Status of Child born in Canada

[arianne092114]

We are a TFW parents and have a newborn.. is our child is a Canadian Citizen or not?

 

[alphazip]

We are a TFW parents and have a newborn.. is our child is a Canadian Citizen or not?

Unless you are employed by the diplomatic service of a foreign government, if your child was born in Canada, the child is Canadian. The child's birth certificate is proof of his/her citizenship. It is not necessary to get a citizenship certificate.

 

[arianne092114]

we are just confused beacause one of our friends gave birth last March 4..
and she asked the Social Worker if her baby is a Canadian Citizen, and they said
if the Parents are TFW the status of the baby is not Canadian Citizen.

 

[canuck_in_uk]

we are just confused beacause one of our friends gave birth last March 4..
and she asked the Social Worker if her baby is a Canadian Citizen, and they said
if the Parents are TFW the status of the baby is not Canadian Citizen.

As long as the parents are not foreign diplomats, a child born in Canada is a Canadian citizen. You could be a worker, student, visitor or even illegal in Canada and your child would still be Canadian if born here.

 

[era1521]

TFW means Temporary Foreign Worker? Do you have in your contract anything specific to this situation? Who's paying the medical bills?

 

[alphazip]

TFW means Temporary Foreign Worker? Do you have in your contract anything specific to this situation? Who's paying the medical bills?

No one could have in their contract something such as, "if I give birth in Canada, the child won't be Canadian." The right to Canadian citizenship is determined by the Citizenship Act, and it states that anyone born in Canada is a citizen, except for foreign diplomats (extended to include staff members, even janitors and gardeners).

 

[mathlete]

Funny thing about a child being born to non-citizen parents in Canada. My colleague is here on a skilled work permit so is his wife. They have private insurance to cover OHIP and have been living here for 5 years. The hospital would not treat her for pregnancy unless she produced proof she was in Canada legally (they actually sent her home to get her passport) despite paying for all service in full up front (a requirement even with insurance).

The parents were also heavily scrutinized at the passport office, my wife who acted as the Guarantor on the child's passport application had to deal with a 1 hour interrogation as to how she knew the applicants and their status in Canada. One of the parents is American the other German.

 

[canuck_in_uk]

Funny thing about a child being born to non-citizen parents in Canada. My colleague is here on a skilled work permit so is his wife. They have private insurance to cover OHIP and have been living here for 5 years. The hospital would not treat her for pregnancy unless she produced proof she was in Canada legally (they actually sent her home to get her passport) despite paying for all service in full up front (a requirement even with insurance).

The parents were also heavily scrutinized at the passport office, my wife who acted as the Guarantor on the child's passport application had to deal with a 1 hour interrogation as to how she knew the applicants and their status in Canada. One of the parents is American the other German.

Work permit holders employed full time in Ontario have full OHIP coverage and are not required to pay anything upfront at a hospital. And with OHIP coverage, the hospital would not have asked for proof of status. Even without OHIP coverage, the hospital probably wouldn't have asked for proof of status, as it is not required to be treated.

Status of the parents doesn't matter when applying for a Canadian child's passport, so I highly doubt that there was heavy scrutiny or a 1 hour interrogation of your spouse.

 

[dbss]

Funny thing about a child being born to non-citizen parents in Canada. My colleague is here on a skilled work permit so is his wife. They have private insurance to cover OHIP and have been living here for 5 years. The hospital would not treat her for pregnancy unless she produced proof she was in Canada legally (they actually sent her home to get her passport) despite paying for all service in full up front (a requirement even with insurance).

The parents were also heavily scrutinized at the passport office, my wife who acted as the Guarantor on the child's passport application had to deal with a 1 hour interrogation as to how she knew the applicants and their status in Canada. One of the parents is American the other German.

they should not have been denied health care because of their status...although they got it after the person got the passport but is not a requirement...

Following is the excerpt I got from parl.gc.ca Although it is a report but the point holds merit:

http://www.parl.gc.ca/content/sen/committee/372/soci/rep/repoct02vol6part2-e.htm

The Canadian Charter of Rights and Freedoms guarantees certain fundamental rights and freedoms. Section 7 of the Charter states:

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Although the Charter makes no explicit references to health care, it has been argued that section 7 has significant implications in the health care question. The section 7 argument is not based on a constitutional guarantee to government-funded health care, but rather on the section 7 rights to liberty and security of the person which, it could be argued, may be impaired if adequate and timely health care cannot be provided in the publicly funded health care system.

 

[mathlete]

they should not have been denied health care because of their status...although they got it after the person got the passport but is not a requirement...

Following is the excerpt I got from parl.gc.ca Although it is a report but the point holds merit:

http://www.parl.gc.ca/content/sen/committee/372/soci/rep/repoct02vol6part2-e.htm

The Canadian Charter of Rights and Freedoms guarantees certain fundamental rights and freedoms. Section 7 of the Charter states:

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Although the Charter makes no explicit references to health care, it has been argued that section 7 has significant implications in the health care question. The section 7 argument is not based on a constitutional guarantee to government-funded health care, but rather on the section 7 rights to liberty and security of the person which, it could be argued, may be impaired if adequate and timely health care cannot be provided in the publicly funded health care system.

Well what the law says and how things work in reality are often very different. I remember in 2005 coming here as a student. I had to purchase private coverage from Sun Life Financial for health care. It wasn't much about $1200 for the year. One day I hit my head on a low hanging door, while bleeding profusely from my head I went to the hospital (blood everywhere but I wasn't in a lot pain). I presented them with my private health card and I only required stitches (10). They refused to treat me unless I furnished them with a $500 deposit. I eventually got it back after about 6 months. They ended up billing my insurer $30 for my treatment. This happened at a large Toronto hospital. My colleagues incident happened at Mt Sinai.

 

[canuck_in_uk]

I presented them with my private health card and I only required stitches (10). They refused to treat me unless I furnished them with a $500 deposit. I eventually got it back after about 6 months. They ended up billing my insurer $30 for my treatment. This happened at a large Toronto hospital. My colleagues incident happened at Mt Sinai.

That is fairly normal with private health insurance. Unless you need to be admitted and the hospital contacts the insurance company to get pre-approval for treatment, they doesn't know that your insurance is actually going to cover you. They require the payment upfront and then the insurance company either reimburses you or pays the hospital which then refunds you. In BC, all non-residents must pay for ER visits upfront and then claim back through their insurance.

Also, an ER visit and 10 stitches would cost more than $30, so they would have billed your insurer more than that.

 

[ZingyDNA]

That is fairly normal with private health insurance. Unless you need to be admitted and the hospital contacts the insurance company to get pre-approval for treatment, they doesn't know that your insurance is actually going to cover you. They require the payment upfront and then the insurance company either reimburses you or pays the hospital which then refunds you. In BC, all non-residents must pay for ER visits upfront and then claim back through their insurance.

Also, an ER visit and 10 stitches would cost more than $30, so they would have billed your insurer more than that.

But still... What if the guy doesn't have any money? Let him bleed to death?

 

[mathlete]

But still... What if the guy doesn't have any money? Let him bleed to death?

The minor head injury is one thing, but yeah they did give me the impression I wasn't being treated without a $500 deposit even though I had insurance. My partner had to pay thousands up front for his wife's pregnancy. This was not a problem for him but for people with the required health insurance coming up with $8k so your wife can give birth in a hospital may be difficult.

 

[wilbur]

We are a TFW parents and have a newborn.. is our child is a Canadian Citizen or not?

Mu daughter was born in Canada while I had a work visa before becoming PR and she is totally canadian, no issues at all.

 

[albertaforeign0910]

I have the same situation here im giving birth on october 2015 and somebody told me that they were changes on citizenship law regarding tfw parents that their child will be born stateless... is there really new law about this?