Understanding Canadian Citizenship for Children Born to Visiting Immigrants
Canada as a Jus Soli Country
A common misconception exists regarding the citizenship status of children born in Canada to visiting immigrants. According to Canadian law, Canada is a territorial nationality or jus soli country. This means that children who are born in Canada become Canadian citizens at birth regardless of the nationality of their parents.
Challenges for Pregnant Immigrants
It is important to understand that while a child born in Canada gains citizenship automatically, the situation for the pregnant immigrant is very different. Airlines have strict policies regarding pregnant women, and it is highly unlikely that an airline would allow a heavily pregnant woman to board a flight.
In the rare case where a heavily pregnant woman manages to enter Canada, she would almost certainly face immediate deportation. Additionally, she would be banned from Canada and other countries for at least five years. Under certain circumstances, the ban could be for life.
Citizenship for the Child
The child born in Canada, regardless of the mother's nationality or immigration status, would have dual citizenship. In most cases, the child can retain both nationalities or choose one at the age of 21 if still in Canada. If the child has moved to another country, the rules and regulations may vary, and the child might be compelled to choose one nationality.
Parental Immigration and Sponsorship
It is crucial to note that being a Canadian citizen by birth does not grant any immigration benefits to the parents. The child born in Canada is a citizen, but the parents, if from a different country, are not entitled to automatic residency or citizenship. According to Canadian law, the child should live with their parents, who return to their home country.
The parents can only sponsor the child's return to Canada when the child is at least 18 years old. At this age, the child can apply for a study or work visa, and if given favorable conditions such as a high income in Canada, they can sponsor their parents. Even then, the parents would need to meet strict requirements to qualify for entry into Canada.
Canada's Citizenship Requirements
Canada recognizes the principle of territorial nationality, meaning that anyone born in any part of Canada, with the exception of a child of a diplomat accredited to Canada, is regarded as a Canadian citizen. The mother, however, does not automatically gain Canadian citizenship or a fast-track path to permanent residence or citizenship upon the birth of the child.
The automatic grant of citizenship to the child born in Canada is a significant advantage. It ensures that the child has access to Canadian education, healthcare, and other social benefits. However, the child's parents must navigate the complex immigration system if they wish to reside in Canada permanently.