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.
0 Comments
Leave a Reply. |
A NoTE FROM The AuthorCome here for timely immigration updates here for your reference! Archives
March 2023
Categories |