Can You Obtain Canadian Citizenship for Your Child? Answers from Immigration Experts

Having a baby in Canada is increasingly popular among Vietnamese mothers due to Canada’s excellent healthcare system and postpartum care.

Moreover, children born in the maple leaf country, regardless of their origin, benefit from its educational opportunities and future career prospects.

However, many still have questions about the process of obtaining Canadian citizenship for their child. Is it true that being born in Canada automatically grants citizenship? Is it advisable to bypass regulations to give birth in Canada?

In the following article, ImmiPath will answer all these questions for you. See it now!

1. Can a child obtain Canadian citizenship?

Canada is known for being one of the few countries that grants citizenship to any child born on its soil, regardless of nationality, religion, or ethnicity.

Canadian citizenship is typically acquired by birth in Canada under the principle of “jus soli.”

Canadian citizenship law is determined by the Citizenship Act, which defines who is eligible to become a Canadian citizen.

“Jus soli” is a Latin term meaning “right of the soil.” It is used to refer to the right of citizenship based on the place of birth; anyone born on the territory of a country has the right to citizenship of that country.

Under the principle of jus soli, most children born in Canada are considered Canadian citizens. This principle applies as long as the child is born on Canadian land, airspace, territorial waters, or aboard ships or aircraft registered in Canada, regardless of the parent’s nationality.

However, if the child is born to foreign diplomats living in Canada, they are not entitled to Canadian citizenship. Thus, the answer to whether a child can obtain Canadian citizenship is yes.

The principle of jus soli, which grants citizenship based on the place of birth, is gradually being phased out in many countries. Nations such as Malta, India, and all European countries no longer apply this principle. Meanwhile, other developed countries like the United Kingdom, Germany, New Zealand, and France require at least one parent to be a citizen before applying this principle. Canada and the United States are the only 2 members of the G7 that still offer unconditional birthright citizenship.

The Canadian Citizenship Act of 1946 established that anyone born in Canada automatically becomes a Canadian citizen. The citizenship status of the child’s parents does not affect the child’s citizenship, regardless of the parents’ own citizenship status.

Being a Canadian citizen means the child enjoys permanent residency status, is eligible for a Canadian passport, and can travel in and out of Canada without needing a visa. In addition, the child can benefit from free social and educational services in Canada as a citizen.

2. Does Giving Birth in Canada Grant Citizenship? Rights and Benefits of Giving Birth in Canada

According to the Canadian Citizenship Act of 1977, if a child is born in Canada, they will automatically receive Canadian citizenship.

Even if the child is born to parents who are not Canadian citizens, the child will still become a Canadian citizen. Individuals who do not reside in Canada can come to Canada to give birth.

Therefore, the answer to the question “Does giving birth in Canada grant citizenship?” is yes, according to ImmiPath.

However, simply having a child born in Canada does not automatically grant you the right to stay in the country or become a Canadian citizen.

In most cases, if you do not have permanent residency or Canadian citizenship, you will have to return to your home country along with your child, even if your child was born in Canada.

3. Rights and Benefits of Children Born in Canada

Giving birth tourism is not illegal in Canada, and non-residents can come to Canada to give birth, thereby granting Canadian citizenship to their newborns.

This practice is quite common due to the rights and privileges enjoyed by Canadian citizens.

Some of these benefits include:

• Children born in Canada can stay in the country as long as they wish without any restrictions.
• They can not be deported from Canada because they are Canadian citizens.
• The child is entitled to a Canadian passport.
• The child may be eligible to join the Canadian Armed Forces.
• The child can be appointed to the Senate, run for office, and vote in elections.
• Children born in Canada are eligible for social benefits such as free education and healthcare.
• Canadian citizenship laws allow for dual nationality, so the child can hold citizenship from another country as well.

By obtaining Canadian citizenship for your child, they will have access to free education and healthcare.

Canadian citizens can renounce their citizenship if they wish, provided they plan to apply for or already hold another citizenship.

Once their citizenship is revoked, it cannot be regained except through naturalization.

Choosing to give birth in Canada as a visitor can be quite expensive. Since you are not a Canadian resident, you will have to cover all the costs related to childbirth yourself.

If the parents of a child born in Canada decide to stay in the country with the child, they can remain under a temporary resident visa, such as a tourist, student, or worker, as long as they qualify.

Most parents of children born in Canada return to their home country with their child, knowing that as the child grows up and gains the ability to travel, they will have the opportunity to return to Canada to live, study, work, and build a life in Canada.

Having a child in Canada provides them with an option when they decide to return to the country.

As Canadian citizens, they have the right to move to Canada at any point in their lives and potentially enjoy a better life.

Giving birth in Canada for non-residents: According to the Citizenship Act, all babies born on Canadian soil are automatically granted citizenship, with the exception of children of foreign diplomats.

Canada and the United States are the only G7 countries that offer birthright citizenship.

Birth tourism in Canada is not illegal. There is no official federal data on birth tourism.

4. Required Documents for Registering Your Child’s Canadian Citizenship

Each Canadian province has its own procedures for registering a child’s birth and applying for citizenship. 

However, the processes are generally similar. It is advisable to register the child’s Canadian citizenship as soon as possible, as some provinces may have registration deadlines.

After registering and obtaining the birth certificate as proof of Canadian citizenship, you can apply for your child’s Canadian passport. The required documents include:

• Passport application form.
• Child’s birth certificate.
• Two passport photos.

After gathering the necessary documents, submit the application to the relevant provincial authority for approval.

In case you are a Canadian citizen and your child is born in Vietnam. To obtain a Canadian passport for your child, you must first apply for a Certificate of Canadian Citizenship to be eligible to apply for their first passport. 

• Two 5×7 cm photos with a white background.
• Citizenship certificate application (Form CIT 0001).
• Document checklist (Form CIT 0014).
• The child’s Vietnamese passport (if available).
• Child’s birth certificate.
• Proof of the parent’s Canadian citizenship: Canadian passport, birth certificate, or citizenship certificate.
• Proof of the parent’s non-Canadian citizenship: passport, birth certificate, or citizenship certificate.
• Parent’s marriage certificate (if available).

Note: If the Canadian parent’s name is not on the child’s birth certificate, a letter of explanation is required, and a DNA test may be necessary.

It typically takes 16 months to receive the Certificate of Canadian Citizenship from the Canadian Embassy/Consulate.

The application fee for the Certificate of Canadian Citizenship is approximately CAD 75.

5. Frequently Asked Questions About Obtaining Canadian Citizenship for Your Child

5.1. Can a mother be denied a Canadian visa if she intends to give birth in Canada?

No. Immigration, Refugees and Citizenship Canada (IRCC) clearly states that the visa application process for pregnant women should be based solely on the applicant’s income, admissibility factors, and circumstances in their home country.

5.2. Is the father allowed to visit the newborn at the hospital after birth?

Yes. The father and any other family members are permitted to visit the mother and baby at the hospital.

5.3. Can a child born in Canada become a permanent resident or citizen of Canada?

No, because the child will automatically become a Canadian citizen and does not need to apply for permanent residency or citizenship.

5.4. How much does it cost to give birth in Canada as a visitor?

The cost of giving birth in Canada can vary depending on the hospital you choose and other preferences you may have. These factors can influence the total cost of a natural birth and the length of your hospital stay.

We allow our clients to make their own choices, providing comprehensive information to help with decision-making and budgeting.

If giving birth in Canada seems like a good option for you, please contact ImmiPath for more details.

5.5. When can I apply for a Canadian passport for my child?

You must have proof of your child’s Canadian citizenship before applying for a Canadian passport. In other words, you first need to obtain the child’s citizenship certificate.

Once you have received the citizenship certificate, you can apply for your child’s passport later. 

6. How Can ImmiPath Assist with the Canadian Citizenship Process for Your Child?

ImmiPath’s team of experienced professionals, including renowned experts and lawyers, can quickly address most cases related to immigration and Canadian citizenship if legal advice is needed.

For instance, a child born outside Canada may have the right to be considered a Canadian citizen under the citizenship law. However, they may not be able to pursue this right if their parents pass away before completing the necessary paperwork.

ImmiPath’s experts and lawyers will help clients resolve any immigration issues they may encounter. If you are a child born outside Canada with Canadian parents or have other related immigration situations, we can assist you in resolving these matters.

If you have any further questions about the Canadian citizenship process for a child, please leave a comment below with your phone number or email address. ImmiPath’s consulting team will provide thorough support and advice with all the experience, helping make the path to Canadian citizenship for you and your child a reality.

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