status of child in canada born to illegal or person as visitor
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Author Topic: status of child in canada born to illegal or person as visitor  (Read 18520 times)
Leon
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« Reply #15 on: February 17, 2011, 12:47:53 am »

They do send people back who can not show that they have the means to financially take care of their needs while in Canada.  If a woman were to arrive visibly pregnant and can not show that she is insured for or has the money to pay for her hospital bills if she gives birth while in Canada, I suppose they would have the right to send her back.  I have no idea if there is a policy regarding that.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
PMM
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Posts: 19576
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« Reply #16 on: February 17, 2011, 01:42:49 am »

Hi

They do send people back who can not show that they have the means to financially take care of their needs while in Canada.  If a woman were to arrive visibly pregnant and can not show that she is insured for or has the money to pay for her hospital bills if she gives birth while in Canada, I suppose they would have the right to send her back.  I have no idea if there is a policy regarding that.


Yes, if they can't support themselves in Canada, then they would be refused admission. 

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.
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PMM
saroona
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« Reply #17 on: February 27, 2011, 02:36:07 pm »

The child is a citizen with the same rights as any other citizen.

The status of the parent does not change (i.e. they are still a tourist or illegal).

Hey Scylla,

Are you sure that a baby born to a tourist in Canada becomes a Canadian Citizen automatically?

I thought with the new Law the child is not a citizen until he's 18 Years old

Can you please check this link (couldn't post.. just copy the link), scroll down to "Who did not become a citizen under the new law", point number 2

cic.gc.ca/english/citizenship/rules.asp

Please clarify : D.. thank you in advance
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PMM
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« Reply #18 on: February 27, 2011, 02:56:35 pm »

Hi

Hey Scylla,

Are you sure that a baby born to a tourist in Canada becomes a Canadian Citizen automatically?

I thought with the new Law the child is not a citizen until he's 18 Years old

Can you please check this link (couldn't post.. just copy the link), scroll down to "Who did not become a citizen under the new law", point number 2

cic.gc.ca/english/citizenship/rules.asp

Please clarify : D.. thank you in advance

Anyone born in Canada is a Canadian citizen, unless their parents were diplomats.
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PMM
Leon
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« Reply #19 on: February 28, 2011, 01:03:57 am »

The page you link to only refers to people who did not become a citizen under the new law.


You can find the citizenship act at http://laws.justice.gc.ca/eng/C-29/20110228/page-1.html?rp2=HOME&rp3=SI&rp4=all&rp5=Citizenship%20Act&rp9=cs&rp10=L&rp13=50 and it states that babies born in Canada are Canadian citizens.  There is only one exception and that is if one or both parents are foreign diplomats and neither parent is a Canadian citizen or PR.

The baby gets Canadian citizenship right away but the status of the baby will not change anything for the status of the parents.  Their visa will still expire, they must still qualify if they want to apply for immigration or work permit etc.  Having a Canadian baby will not change anything for the parents.  Once the child is 18 years old though, if he or she is living in Canada and making enough money, they can apply to sponsor their parents.


Hey Scylla,

Are you sure that a baby born to a tourist in Canada becomes a Canadian Citizen automatically?

I thought with the new Law the child is not a citizen until he's 18 Years old

Can you please check this link (couldn't post.. just copy the link), scroll down to "Who did not become a citizen under the new law", point number 2

cic.gc.ca/english/citizenship/rules.asp

Please clarify : D.. thank you in advance
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
saroona
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« Reply #20 on: February 28, 2011, 07:16:18 am »

Much appreciation for the clarification Leon
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Darnel
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« Reply #21 on: April 25, 2011, 07:27:03 pm »

Hi

Anyone born in Canada is a Canadian citizen, unless their parents were diplomats.

Leon and PMM are incorrect in this matter. They forgot to read the rest of the Canadian Citizen Act.

Section 3 Paragraph 1 does state that a child born in Canada, is automatically a Canadian citizen but if you continue reading the act,

Section 3, paragraph 2. Specifically address children born to parent that are not citizens or permanent residents of Canada.

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

(b) an employee in the service of a person referred to in paragraph (a); or

(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
  

 @   Leon, before you start quoting a Canadian Act and giving advice to people, you should know your facts!
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PMM
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Posts: 19576
Ratings: +775

« Reply #22 on: April 25, 2011, 11:06:08 pm »

Hi

Leon and PMM are incorrect in this matter. They forgot to read the rest of the Canadian Citizen Act.

Section 3 Paragraph 1 does state that a child born in Canada, is automatically a Canadian citizen but if you continue reading the act,

Section 3, paragraph 2. Specifically address children born to parent that are not citizens or permanent residents of Canada.

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

(b) an employee in the service of a person referred to in paragraph (a); or

(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
  

  @    Leon, before you start quoting a Canadian Act and giving advice to people, you should know your facts!

Maybe you should read the citizenship manual? http://www.cic.gc.ca/english/resources/manuals/cp/cp09-eng.pdf


7.2. Citizenship by birth on soil – A3(1)(a)Citizenship by birth on soil – jus soli
Citizen's date of birth: after February 14, 1977

This paragraph applies to individuals born in Canada. In most cases, a person born in Canada is automatically a Canadian citizen at birth.

Note: According to the Interpretation Act, “Canada” includes the “internal waters of Canada and the territorial sea of Canada”. “Internal waters” is further defined as "the internal waters of Canada as
determined under the Oceans Act and includes the airspace above and the bed and subsoil below those waters”. As such, children born in Canadian airspace, whether over Canadian waters or
over Canadian land, are considered born in Canada, as are children born in Canadian waters.

The interpretive clause in A2(2)(a) of the Citizenship Act is to be used only when a child is born outside of Canada. Any application based on birth in Canadian airspace or water should be
referred to OMC (nat-cit-operations @ cic.gc.ca) for consultation with Legal Sevices.

7.3. Exception to birth on soil – A3(2)

A child born in Canada to an accredited foreign diplomat is not Canadian at birth unless the other
parent is a Canadian citizen or permanent resident at the time of the child's birth
(see subsection
3(2) of the Act).

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PMM
Leon
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Posts: 19855
Ratings: +876

« Reply #23 on: April 25, 2011, 11:07:13 pm »

Leon and PMM are incorrect in this matter. They forgot to read the rest of the Canadian Citizen Act.

Section 3 Paragraph 1 does state that a child born in Canada, is automatically a Canadian citizen but if you continue reading the act,

Section 3, paragraph 2. Specifically address children born to parent that are not citizens or permanent residents of Canada.

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

(b) an employee in the service of a person referred to in paragraph (a); or

(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
 

  @    Leon, before you start quoting a Canadian Act and giving advice to people, you should know your facts!

Hello? What PMM and I both said is that there is an exception when one or both parents are diplomats and neither parent is a citizen or PR.  You are quoting exactly what we both said.  The OP asked if the child of visitors born in Canada will be a citizen and so it is.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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