1. What Does It Mean When a Child is Born in Canada to Foreign Parents?
In Canada, the principle of jus soli (right of the soil) is followed, meaning that any child born on Canadian soil automatically becomes a Canadian citizen, regardless of the nationality or immigration status of the parents. This rule applies to most children born in Canada, making Canada one of the few countries offering birthright citizenship.
While the child is granted citizenship, the parents do not automatically receive any immigration benefits or rights to residency based solely on their child’s birth in Canada.
2. Citizenship Rights for a Child Born in Canada to Foreign Parents
A child born in Canada to foreign parents is automatically a Canadian citizen by birth. This comes with several significant rights and benefits, including:
- Right to live and work in Canada: As a citizen, the child has the right to reside in Canada permanently and can work there without requiring a visa or permit.
- Access to healthcare and education: Canadian citizens have access to public healthcare and can attend school in Canada.
- Right to vote and participate in politics: Once the child reaches the age of majority (18 years), they will have the right to vote in Canadian elections.
- Dual citizenship: Canada allows dual or multiple citizenships, so the child may be able to hold citizenship from their parents’ home country as well, depending on the laws of that country.
3. Do Parents Gain Citizenship if Their Child is Born in Canada?
Although a child born in Canada to foreign parents automatically becomes a Canadian citizen, the parents do not gain citizenship or residency status as a result. If the parents wish to remain in Canada, they must apply for appropriate visas, permanent residency, or eventually citizenship through other legal immigration pathways.
Parents of Canadian-born children often pursue immigration options such as:
- Temporary visas: Depending on their situation, the parents may need to apply for work or study visas to remain in Canada.
- Permanent residency: Parents can apply for permanent residency through various immigration streams such as the Express Entry system or provincial nomination programs.
- Sponsorship by the child: Once the child reaches 18 years of age, they may be eligible to sponsor their parents for permanent residency, provided they meet specific financial and legal requirements.
It’s important for foreign parents to understand that their child’s citizenship status does not automatically extend to them.
4. Immigration Options for Parents of a Canadian-Born Child
Although having a child born in Canada does not grant the parents automatic residency or citizenship rights, several immigration options are available:
- Temporary Residence: Parents may apply for temporary visas to stay in Canada while their child grows up. Options include work permits, student visas, or visitor visas.
- Permanent Residence: Parents can apply for permanent residency through various immigration programs, such as family sponsorship (once their child turns 18), Express Entry, or the Provincial Nominee Program (PNP).
- Humanitarian and Compassionate Grounds: In rare cases, parents may be able to apply for permanent residence on humanitarian grounds, arguing that it would be in the best interests of their Canadian-born child.
Each of these options requires careful planning and legal guidance to ensure the parents can remain in Canada legally.
5. What Happens If the Family Wants to Leave Canada?
A child born in Canada to foreign parents has the right to remain in Canada as a citizen. However, if the parents decide to leave Canada, they can take the child with them. The child’s Canadian citizenship remains valid even if they reside outside Canada.
Key points to consider:
- Maintaining Canadian citizenship: The child will retain their Canadian citizenship for life unless they choose to renounce it when they become an adult.
- Access to Canadian benefits: While living outside Canada, the child may not have access to some Canadian benefits, such as healthcare, but they can return to Canada at any time and reclaim these rights.
- Dual citizenship: The child may be able to hold dual citizenship if the parents’ home country allows it.
Parents should ensure that their child’s Canadian documents, such as passports, are kept up to date, even if the family resides abroad.
Conclusion
A child born in Canada to foreign parents automatically receives Canadian citizenship, granting them significant rights and opportunities within the country. However, parents do not gain any automatic immigration benefits from their child’s birth. To stay in Canada, foreign parents must explore available visa and immigration pathways, including temporary visas and permanent residency options. Understanding the rights of Canadian-born children and the legal pathways for their parents is essential for navigating life in Canada.