There is a growing trend for "birth tourism" which is the practice of giving birth in a country in which the parents do not have residency or citizenship. However, it would provide the child with automatic citizenship in that country due to that's country's citizenship laws. This is possible in Canada and is a wonderful option to provide to your child. However, let's look at some risks and limitations.
Canada's Citizenship Act 3(1) states that "a person is a citizen if (a) the person was born in Canada". There are a few exceptions, notably that if the child id born to a foreign diplomat, then the child cannot claim Canadian citizenship. It's also worth noting that some countries, 58 in total at the time of writing, do not allow for dual citizenship. These countries include Japan, China, India, the Netherlands, and Ukraine. Therefore, if the child born in Canada will obtain a passport from one of these countries, they cannot also claim Canadian citizenship, without losing their other citizenship or vice versa. There are two primary concerns with the birth tourism practice in Canada. The first concern is possible limitations to entry into Canada while visibly pregnant. Some airlines may restrict travel for women who is, or even looks, late in their third trimester of pregnancy (i.e. are close to delivery). Airlines would often request a doctor's note confirming how many weeks pregnant she is and her expected due date. If she is over 28 or 34 weeks, depending on the airline, they may restrict international travel. As well, when entering Canada, and while noticeable pregnant, the Border Service Officer will ask the purpose of travel to Canada. If the Officer believes that you will not leave Canada before your visitor status expires (typically within 90 days), then you will not be allowed to even enter Canada. Therefore, the pregnant mother must provide a clear plan with evidence to support her narrative that she will leave Canada within 90 days. If the Officer asks if she plans to give birth in Canada, the mother must answer truthfully and provide details on how she plans to cover these costs (with bank statements, etc.) and then leave the country soon after. The second, and legally most important consideration, is that birthing a child in Canada does NOT provide any status to the parents, if they are temporary residents in Canada. The child would gain citizenship to Canada, however the parents must still leave Canada at the end of their visitor status (likely within 90 days of entry), and will not have any access to public health care or work authorization. Therefore, all hospital bills must be paid privately and then the parents must leave Canada with their baby soon after birth with no status in Canada. The child born in Canada can eventually sponsor their parents for Permanent Residency, however the child must be at least 18 years old and prove 3 years of full-time income (unlikely for an 18 year old) meeting the minimum income requirements. At this time, the child must make at least $52,965 CDN for the last 3 years, each year, to sponsor both parents. Kindly note that is the income amount only if the child is single and lives alone at the time of sponsoring both parents. In summary, birth tourism in Canada is possible and providing a second passport to your child is a wonderful gift. However, all risk factors and limitations should be considered before giving birth in Canada.
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After studying in Canada, it's common to want to make Canada your permanent home!
Below we explore the steps in your journey to Permanent Residency: 1. As a student, you may work up to 20 hours per week while studying and you may work full-time on scheduled breaks. Use this time to find work you enjoy while considering what is deemed "skilled" or "unskilled". ~ Insider Scoop: Students are eligible to work 40 hours/week while studying until December 31, 2023, if their Study Permit application for a "Designated Learning Institute" was received by Oct 7, 2022. There are a couple of additional requirements, ask to see if you qualify! ~ 2. Apply for your Post-Graduate Work Permit as soon as you receive your graduate diploma and before your Study Permit expires. Sometimes this is a small, or non-existent, window of time so it is best to prepare to file in advance of your graduation. Ask for a review of your proposed timelines for filing. 3. Work for at least 12 months in a full-time, "skilled" position with your Post-Grad Work Permit. ~ Insider Scoop: On November 16, 2022, Immigration Canada switched their "National Occupation Code" version, qualifying work under the TEER categories. Ask for an assessment whether your work is considered “skilled” to ensure it counts towards your future PR application. ~ Did you know that Across Borders provide legal counsel for Canadian immigration services and provides consultancy services for American immigration services as well?
This will be a 3 part series of blog posts comparing the two national systems. Below is the first part in the series. Let's review how foreign nationals (anyone born outside of the receiving country) gain visitor status into Canada and the USA respectively. American Immigration Links: ESTA required US Visa Waiver program countries I-94 record Canadian Immigration Links: ETA required Canadian Visa Waiver program countries This monthly blog post is more about the human experience side of immigration. I continued to be impressed by the boldness and tenacity of clients. The choice to cross a border alone or with your family, for any reason, is courageous as you leave behind the life you know. One of my favourite authors, Elif Shafak, often writes about immigrants and the experience of belonging both to your home country and to your new country. This duality is a unique experience for migrants who can feel both 'at-home' and homesick, equally in either place. As an Immigration Legal Representative, I am very interested in the law and evolving regulations, however, I'm equally interested and sensitive to the personal experience of my clients. Yours Across Borders, Jaimi PS. If you're interested in reading inspiring fiction about migration, try Elif Shafak's 'The Island of Missing Trees'! "People may belong to more than one place. I’ve always objected to a single identity, especially the policy of being reduced to a single identity [...]. I think roots are already plural, not singular. Namely, you’re nourished by many places." - Elif Shafak It's good to be back! During the pandemic, Across Borders was on a small public-facing hiatus. Although the company has remained registered and in good standing, the public-facing company was in a covid-induced hibernation.
During this time, we focused our immigration skills on contract program management projects assisting Foreign Nationals from large companies wishing to remain Canada and the US during the pandemic. With borders re-opening and a regaining of confidence in international travel, Across Borders is actively taking on new global clients once again. As the company owner, my interest in and passion for immigration has been strengthened, as I supported immigrants in navigating fluctuating immigration regulations since March 2020. I'd also like to make a special note addressing three humanitarian issues that invoked decisive changes to Canadian immigration policy during the pandemic. Across Borders is proud to support these immigration policy changes and adaptations. 1. Russia's War in Ukraine - CUAET - Canada-Ukraine Authorization for Emergency Travel was established to create an easier road to safety for Ukrainian nationals into Canada. CUAET issues Visitor Visas and/or Work Permits for Ukrainian nationals for up to 3 years under expedited processing. 2. War in Afghanistan- With a goal of providing a permanent home to 40,000 Afghan refugees, Canada has welcomed 22,915 (to date) since implementation in August 2021. 3. 'Morality Police' Tyranny in Iran - The Canadian government has listed the "Iranian regime, including the Islamic Revolutionary Guard Corps (IRGC) and its top leaders – more than 10,000 officers and senior members – as inadmissible to Canada for their engagement in terrorism and systemic and gross human rights violations, by pursuing a designation under the Immigration and Refugee Protection Act. This will deny them access to Canadian territory"* *https://pm.gc.ca/en/news/news-releases/2022/10/07/canada-implement-new-measures-against-iranian-regime Immigrants continue to epitomize resilience and adaptivity. As one of my favourite authors, Elif Shafak, writes, "We do not give up on the places we love just because we are physically detached from them".** **https://lithub.com/elif-shafak-on-what-it-means-to-belong-in-many-places-at-once/ Yours across borders, Jaimi |
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