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

  1. September 7, 2011

    Here is my concern. If i am on trv on pgwp, and i have a child born in canada, does that boost my chances of getting my PR and do i include the child in the application for PR. It is very confusing when cic says such child have to be PR n the parent can apply for citizenship for the child only when the parent want to apply for citizenship. in a nutshell, the child status will still be PR. thanks.

    • September 7, 2011

      Having a child with Canadian citizenship may improve your chances for permanent residence as it may give you points for adaptability, but it is no guarantee of acceptance. No, the child is not included in the application for permanent residence, but must be noted as a dependent (not an applicant).

  2. November 27, 2011

    if a child is born in canada by a pregnant woman who was said to be inadmissible to canada because she did not declare her real intention of coming to the immigration.will the child still be a canadian citizen.

  3. April 5, 2015

    Hello, thanks for your article it was very helpful. my wife is one month pregnant & we intend to give birth in canada so that the child gets citizenship. The issue is we are Indians and the visa application requires medicals for us. My wife cannot undertake the chest xray due to her pregnancy. Is there any way we can get the visa without her going through the xray. If we reveal she cannot undergo xray due to her pregnancy CIC will put her application on hold & not grant her visit visa until she submits her medical certs. Pls advise.

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