Birth Tourism

Old Sep 1st 2010, 4:05 pm
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Default Birth Tourism

Friends of a colleague are nationals of an Asian country, they have no status in Canada. The wife is pregnant. They are considering flying to Canada so she can have the baby here, the objective being that the child would have Canadian nationality. They are prepared for the hospital bill.

Two questions:

- Technically, does this work? Does being born in Canada make the child a Canadian?

- Practically, how does this work? They're thinking that they'd take child home with them and then, later on, have him or her move to Canada and then sponsor them for immigration. In the interim the child would have some sort of status in Canada and they none, could they then visit or would the immigration people smell a rat?

Note that this comes from a head over the partition, I know no more than stated and have taken no position on the rights and wrongs of the approach.

On edit: I was aiming for the immigration folder, if a moderator could move this it'd be appreciated.
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Old Sep 1st 2010, 4:16 pm
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Default Re: Birth Tourism

Originally Posted by dbd33
Friends of a colleague are nationals of an Asian country, they have no status in Canada. The wife is pregnant. They are considering flying to Canada so she can have the baby here, the objective being that the child would have Canadian nationality. They are prepared for the hospital bill.

Two questions:

- Technically, does this work? Does being born in Canada make the child a Canadian?

- Practically, how does this work? They're thinking that they'd take child home with them and then, later on, have him or her move to Canada and then sponsor them for immigration. In the interim the child would have some sort of status in Canada and they none, could they then visit or would the immigration people smell a rat?

Note that this comes from a head over the partition, I know no more than stated and have taken no position on the rights and wrongs of the approach.

On edit: I was aiming for the immigration folder, if a moderator could move this it'd be appreciated.
Can't answer the technical bit (I think, in most circumstances, the child would be eligible for Canadian citizenship, but there are some exceptions with which I'm not familiar). But on the practical side there are a couple of considerations:
  • On what basis would the parents be in Canada? Do they have any necessary visas?
  • How far along in her pregnancy would the mother travel? Airlines are sometimes reluctant to carry pregnant women well into their third trimester
  • Where would the mother get any necessary pre-natal care? One usually needs a referral from a GP to get an appt with an OB/GYN, although I suppose a walk-in clinic would oblige
  • You say they're "prepared for the hospital bill" - do they realise how quickly this can escalate if there is even the slightest complication with the pregnancy - neonatal ICU does not come cheap.
If the child is indeed born a Canadian, then I suppose in the fulness of time the parents could be sponsored, but don't you have to be an adult to sponsor someone through immigration? 18 years is a long time to wait....
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Old Sep 1st 2010, 4:26 pm
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Default Re: Birth Tourism

Originally Posted by Oakvillian
[*]On what basis would the parents be in Canada? Do they have any necessary visas?
Tourists.

Originally Posted by Oakvillian

How far along in her pregnancy would the mother travel? Airlines are sometimes reluctant to carry pregnant women well into their third trimester
Very early, I imagine they'd aim to stay for six months, arriving maybe four months into the pregnancy.

Originally Posted by Oakvillian

Where would the mother get any necessary pre-natal care? One usually needs a referral from a GP to get an appt with an OB/GYN, although I suppose a walk-in clinic would oblige
From a doctor who is resident here but a native of their home country.

Originally Posted by Oakvillian

You say they're "prepared for the hospital bill" - do they realise how quickly this can escalate if there is even the slightest complication with the pregnancy - neonatal ICU does not come cheap.
If all goes well it'll be about five grand, the same as their flights. If it goes wrong I would guess that they'd seek funds from their community here. In the worst case I suppose default on the bill. Getting to Canada is the aim, not getting to Canada solvent.
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Old Sep 1st 2010, 4:29 pm
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Default Re: Birth Tourism

Originally Posted by dbd33
Friends of a colleague are nationals of an Asian country, they have no status in Canada. The wife is pregnant. They are considering flying to Canada so she can have the baby here, the objective being that the child would have Canadian nationality. They are prepared for the hospital bill.

Two questions:

- Technically, does this work? Does being born in Canada make the child a Canadian?

- Practically, how does this work? They're thinking that they'd take child home with them and then, later on, have him or her move to Canada and then sponsor them for immigration. In the interim the child would have some sort of status in Canada and they none, could they then visit or would the immigration people smell a rat?

Note that this comes from a head over the partition, I know no more than stated and have taken no position on the rights and wrongs of the approach.

On edit: I was aiming for the immigration folder, if a moderator could move this it'd be appreciated.

Thats an interesting question, personally I was lead to believe being born in a country would entile you to citizenship, however a friend of mine who is a Canadian married to an Austrian wife (who has Canadian citizenship) are both currently living and working in London, UK and are British tax residents, they have both said they will move back to Canada eventually.

However she has recently fell pregnant, and I jokingly said to my friend does this mean that the little one will be a Brit? and apparently not, the new child will be entiled to Canadian and/or Austrian citizenship and passport, but not British as neither parents are British, which I dont understand as British people who have migrated to Canada who then have children are allowed Canadian passports....I assume this is because their parents became Canadian citizens? this is the only difference I can see, so perhaps the child of this couple wont be granted Canadian citizenship as the parents are not Canadian citizens, it seems a new born must have to have stronger links to a country other than just being physically born there?

It would be interesting to know for certain though if anyone does know?

Paul
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Old Sep 1st 2010, 4:32 pm
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Default Re: Birth Tourism

Hi

Originally Posted by Paul_Shepherd
Thats an interesting question, personally I was lead to believe being born in a country would entile you to citizenship, however a friend of mine who is a Canadian married to an Austrian wife (who has Canadian citizenship) are both currently living and working in London, UK and are British tax residents, they have both said they will move back to Canada eventually.

However she has recently fell pregnant, and I jokingly said to my friend does this mean that the little one will be a Brit? and apparently not, the new child will be entiled to Canadian and/or Austrian citizenship and passport, but not British as neither parents are British, which I dont understand as British people who have migrated to Canada who then have children are allowed Canadian passports....I assume this is because their parents became Canadian citizens? this is the only difference I can see, so perhaps the child of this couple wont be granted Canadian citizenship as the parents are not Canadian citizens, it seems a new born must have to have stronger links to a country other than just being physically born there?

It would be interesting to know for certain though if anyone does know?

Paul
Any person born in Canada is a Canadian citizen, except children of diplomats.
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Old Sep 1st 2010, 5:49 pm
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Default Re: Birth Tourism

Originally Posted by PMM
Hi



Any person born in Canada is a Canadian citizen, except children of diplomats.
Thanks. I understand that's good enough for them.
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Old Sep 1st 2010, 6:01 pm
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Default Re: Birth Tourism

Interesting post.

Banking on the child being obedient enough to move to Canada once able to do so, and that they haven't acquired a criminal record in the process.

As far as I can see the child will have to be resident in Canada before the parents are sponsored and be able to prove that they can support them for 3-10 years depending on circumstances. So it will be a long wait before they get here.
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Old Sep 1st 2010, 6:04 pm
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Default Re: Birth Tourism

Originally Posted by fledermaus
Interesting post.

Banking on the child being obedient enough to move to Canada once able to do so, and that they haven't acquired a criminal record in the process.

As far as I can see the child will have to be resident in Canada before the parents are sponsored and be able to prove that they can support them for 3-10 years depending on circumstances. So it will be a long wait before they get here.
I'm sure there's more to this than meets my ears. I suspect that either they're content to provide for the child to be able to move when of age, or they've some other plan, such as overstaying or claiming refuge status or moving to a third country, and think that having a Canadian child would help.
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Old Sep 1st 2010, 6:24 pm
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Default Re: Birth Tourism

what way would this work if a couple on a twp were to have a baby while in canada, would it likely hinder or help any future pr application?
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Old Sep 1st 2010, 6:32 pm
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Default Re: Birth Tourism

Hi

QUOTE=dbd33;8819208]I'm sure there's more to this than meets my ears. I suspect that either they're content to provide for the child to be able to move when of age, or they've some other plan, such as overstaying or claiming refuge status or moving to a third country, and think that having a Canadian child would help.[/QUOTE]

1. Very common as the child will pay resident university rates in the future, It is call planning for the future education, relocation of the parents fairly easily (if the rules remain the same) in 20-25 years time.
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Old Sep 1st 2010, 6:32 pm
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Default Re: Birth Tourism

Hi

Originally Posted by shanedan
what way would this work if a couple on a twp were to have a baby while in canada, would it likely hinder or help any future pr application?
Neutral.
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Old Sep 1st 2010, 8:31 pm
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Default Re: Birth Tourism

I thought if parents were here illegally or visitor visa, child then takes on nationality of mother. Am I not reading this right..

However, Section 3(2) of the Current Act contains an exception to the above rule, at least for persons born in Canada after February 15, 1977. It states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was:
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Old Sep 1st 2010, 8:55 pm
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Default Re: Birth Tourism

Originally Posted by PMM
Hi



Any person born in Canada is a Canadian citizen, except children of diplomats.
Yes thats what I thought too, or maybe its just Britain that has a different policy then, in the case of my friend?
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Old Sep 1st 2010, 9:05 pm
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Default Re: Birth Tourism

Originally Posted by Cdnshaz
I thought if parents were here illegally or visitor visa, child then takes on nationality of mother. Am I not reading this right..

However, Section 3(2) of the Current Act contains an exception to the above rule, at least for persons born in Canada after February 15, 1977. It states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was:
That sounds more like it. Canadian citizenship is only granted if your child was born in Canada whilst the parents had Canadian permanent resident or citizen status.

So in that case that couple's child will not get Canadian citizenship even if their child is born in Canada, as they are not residents or citizens at the time.
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Old Sep 1st 2010, 9:53 pm
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Default Re: Birth Tourism

HI

Originally Posted by Paul_Shepherd
That sounds more like it. Canadian citizenship is only granted if your child was born in Canada whilst the parents had Canadian permanent resident or citizen status.

So in that case that couple's child will not get Canadian citizenship even if their child is born in Canada, as they are not residents or citizens at the time.

I don't know where you are getting this information, but I posted the correct information earlier.


Who is a Canadian citizen?

* In general, you are a Canadian citizen if you were born in Canada. You are not a Canadian citizen if you were born in Canada and at the time of your birth, your parents were neither Canadian citizens nor permanent residents, and at least one parent had diplomatic status in Canada. Notice the AND
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