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Residency requirements, Government in Canada, Bringing child born overseas...
Child born in Canada to Visiting Immigrant Father
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Obinna. U Posts: 1
Posted On: 2/8/2021
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My Child was born in Canada during my visit here. Child obtained Canadian Passport after birth due to Mother being Canadian. Can Child just stay permanently in Canada or are both Father and Child still required to leave Canada and undergo processing and usual checks for admissibility?
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PMM Posts: 661
Posted On: 2/9/2021
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Hi
Obinna. U wrote:
My Child was born in Canada during my visit here. Child obtained Canadian Passport after birth due to Mother being Canadian. Can Child just stay permanently in Canada or are both Father and Child still required to leave Canada and undergo processing and usual checks for admissibility?
1. The child received his/her citizenship through birth in Canada, not through the mother.
2. The child can remain in Canada as he/she is a citizen. No Immigration checks, he/she is not included in the application either, just listed on the IMM 5406 Section B.
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Moderator Moderator Posts: 4075
Posted On: 2/19/2021
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Hello there,
Thank you for sharing your situation and question with us. We can appreciate that you would be concerned about this situation.
Your child received an automatic Canadian citizenship since he/she was born in Canada. Canadian-born children are afforded certain rights and privileges. Your child is entitled to live in Canada or travel to Canada any time without a visa and receive free health care benefits, and education and social benefits, as indicated on the Settlement.Org website. This means that your child will not be required to undergo any processing and usual checks for admissibility upon entering Canada if you choose to travel with your child.
It’s important to note that parents of a Canadian-born child will not automatically have any special advantage to obtain permanent residency. This means that although your child will not be required to fulfill any immigration checks when entering Canada from foreign travel, any parent that is not a Canadian citizen will still be required to follow application processes.
If you plan to have the child stay with you, then you will have to return to your country of origin with the child. If, however, the child will remain in Canada with the mother who is a Canadian citizen, then you must return to your country of origin on your own if you are not a permanent resident or Canadian citizen. If you have not yet applied for permanent residency and wish to obtain residency to remain in Canada, follow here to learn about the application process and requirements. Temporary options that may allow you to remain in Canada with your child without permanent residency or Canadian citizenship include obtaining a temporary resident visa, applying to stay as a visitor, or applying as a student or worker if you qualify. What is important to note for these temporary options is they are subject to various conditions, such as the basis you may stay in Canada for and the authorized period of stay.
You may wish to consult a reputable and registered immigration consultant or an immigration lawyer who is familiar with Canadian immigration issues for advice on your situation before you start any application processes to remain in Canada and if you choose to travel with your child.
We hope that the information we provided was helpful to you. Please let us know if you have any further questions.
Sincerely,
Your Settlement.Org team
This document does not contain legal advice.
This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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