Immigrating to Canada Before Birth

2011-07-29

According to Canada’s Citizenship Act, any person born in Canada is automatically a Canadian citizen.  This right applies regardless of the citizenship of the child’s parents, or the status of the child’s parents in Canada.

So what if a pregnant woman declared to CIC that she wishes to visit Canada solely to give birth there so her child would be a Canadian citizen?  Let’s assume the woman has no other reasons for entering Canada – no family here, no interest in traveling and in fact no interest in immigrating to Canada herself.

Does CIC have the right to prevent this woman from entering Canada?

The answer is no.

There is nothing in Canadian law that would prevent a pregnant woman from entering Canada for the sole purpose to give birth and grant her child Canadian citizenship.

However, the woman would still have to pass the normal tests of temporary residence, such as the likelihood of leaving once her temporary status expires, financial support while in Canada, ability to leave Canada, and so forth.

Could CIC argue that the fact she is pregnant makes her medically inadmissible to Canada?

Again, the answer is no.

A normal pregnancy is not a ground on which one can be denied based on medical inadmissibility.  It is possible that a “high risk” pregnancy may be considered a medical issue, but normal pregnancies are not caught by the medical inadmissibility ground – pregnancy is not a medical condition for Canada immigration purposes.

So if a woman intends to give birth in Canada, there is no reason not to declare it.  In fact, I would argue she has a duty to declare her intention to give birth in Canada so CIC has the opportunity to ask the right questions and can not make the claim that there was a misrepresentation during the application process.

Canada has some interesting immigration law, don’t you think?

 

About the author

Gianpaolo Panusa Gianpaolo Panusa is a Canadian immigration lawyer, writer, and founder of the PanCanadian Immigration Law Group based in Vancouver, Canada. Google+ Profile