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Delivering birth in Canada

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Old Mar 20th 2010, 5:15 am
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Default Delivering birth in Canada

Hello

I am a Canadian PR soon to undergo citizenship exam. I have a sweetheart abroad who is going to come here for a visit and we are going to marry.

We are going to apply for a spouse sponsorship according to the procedures.

We are going to have a baby and I understand if I am a Canadian PR or citizen (that I might be by that particular moment) the baby will automatically acquire Canadian citizenship.

However my question is about my would-be wife: will delivering a baby in Canada give her a chance for PR status?

The problem is that my would-be wife and I are namesakes (and not relatives, REALLY) and because of that we believe there might be a problem of convincing the immigration officer that it is not a convenience marriage, but a true one and we really love each other).

We believe that having a baby in Canada is one of the ways to ensure that my wife will have a chance to stay here and we will not be separated).

Of course, we would like to have kids anyway but... I hope you understand what I mean.

Thank you in advance for an opportunity to ask this question,
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Old Mar 20th 2010, 5:41 am
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Default Re: Delivering birth in Canada

If you have a genuine relationship, and just have the same family name by coincidence, this should be obvious from your birth certificates and passports etc showing you're not related, grew up in different countries, etc. Unless you have an exceedingly unusual family name, or are actually related in some way, I wouldn't worry about this.

As for the baby, if you acquire citizenship before it is born, then the baby will be a Canadian citizen automatically wherever it is born. If you are only a PR, then the baby will need to be born in Canada to automatically be a citizen. If born outside Canada, its nationality will depend on the nationality laws of the parents' countries of citizenship, and the country where it is born (if different). It will not automatically be a Canadian PR either.

Giving birth to a Canadian citizen baby does nothing to confer PR or citizenship status on the mother.

So, you'll have to sponsor the mother either way, and if the baby is born outside Canada, before you become a citizen, the baby will have to be included as an accompanying dependent on the sponsorship application.
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