Canada Citizenship by Birth is one of the most straightforward nationality laws in the world.
Under Canada’s jus soli policy, any child born on Canadian soil automatically acquires citizenship, regardless of the parents’ immigration status.
This policy makes Canada a notable choice for families seeking a secure nationality for their child, though it’s important to understand that the parents don’t receive the same rights by default.
In this article, we’ll cover key questions such as:
- How does citizenship by birth work in Canada?
- What happens if an immigrant has a baby in Canada?
- Can I get Canadian citizenship if my child was born in Canada?
- Can a Canadian lose their citizenship?
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Do Babies Born in Canada Automatically Get Citizenship?
Yes, babies born in Canada automatically receive citizenship at birth.
Canada follows the principle of jus soli (right of the soil), meaning that anyone born on Canadian soil is granted citizenship, regardless of their parents’ nationality, immigration status, or visa type.
This Canada citizenship by birth is grounded in Section 3(1)(a) of the Canadian Citizenship Act, which explicitly states that any person born in Canada is a citizen except for children of foreign diplomats and their staff who do not have permanent residency status.
This policy makes Canada one of the few developed countries that continue to offer unconditional jus soli, making it a common destination for birth tourism and for immigrants seeking a secure legal status for their children.
What Happens When a Foreigner Gives Birth in Canada?
The child automatically becomes a Canadian citizen by birth, thanks to the country’s jus soli policy.
However, the parents do not receive any automatic immigration benefit as a result of the birth.
A child’s Canadian citizenship by birth does not extend to the mother or father in terms of permanent residency (PR) or citizenship rights.
They must still qualify through regular immigration channels if they wish to stay in Canada legally.
Most foreign mothers give birth in Canada under temporary visas, such as tourist or visitor visas.
While this is legally permitted, Canadian immigration authorities may scrutinize such entries more closely, especially if birth tourism is suspected.
Proof of financial means, return travel, and healthcare arrangements are typically required.
There are long-term immigration pathways that parents may consider:
- Family sponsorship: Once the child turns 18, they can legally sponsor their parents for permanent residency under Canada’s family reunification program. However, this is a long-term option and not immediately applicable.
- Immigration streams: Parents may apply for PR through standard routes such as Express Entry, Provincial Nominee Programs (PNPs), or caregiver and work-related visas, provided they meet eligibility criteria in terms of language skills, education, work experience, and job offers.
- Humanitarian or stay extensions: In some cases, parents may request to extend their stay in Canada on humanitarian and compassionate (H&C) grounds, especially if the child has medical needs or would face hardship outside Canada. These applications are rare and reviewed on a case-by-case basis.
Ultimately, giving birth in Canada may create a future pathway to sponsorship, but it does not provide an immediate immigration advantage to the parents.
What Are the Benefits of Giving Birth in Canada?
The primary benefit is that the child automatically acquires Canadian citizenship, which includes access to a high-ranking passport and a full suite of rights from birth.
This citizenship grants visa-free access to over 113 countries, making it one of the most globally mobile passports available.
Children born in Canada are also entitled to free public education and universal healthcare, including preventive care, pediatric services, and vaccination programs.
These benefits continue into adulthood, supporting long-term stability and opportunity within Canada.
If the mother is in Canada on a valid visa that includes healthcare access such as a work permit or provincial health plan, the childbirth itself may be covered under the public system.
However, those on tourist visas or without provincial healthcare coverage typically need to pay out-of-pocket or secure private maternity insurance in advance.
In essence, while foreign parents do not gain immigration status through childbirth, the Canadian-born child receives full rights as a citizen, offering security, opportunity, and international flexibility for life.
What Is the 28 Year Rule in Canada?
En 28-year rule in Canada refers to Section 8 of the Canadian Citizenship Act, which applies only to individuals born outside Canada to Canadian citizen parents.
Under this rule, if you were born abroad and inherited Canadian citizenship through a parent who was also born outside Canada, you must apply to retain your citizenship before turning 28.
Failing to do so results in the automatic loss of Canadian citizenship on your 28th birthday.
This rule is designed to limit the transmission of citizenship across multiple generations born outside the country, ensuring an eventual tie to Canada through residence or active legal steps.
It’s important to note that this rule does not apply to children born in Canada.
Can Citizenship Be Revoked in Canada?
Yes, Canadian citizenship can be revoked, but only under specific and serious circumstances.
The main grounds for revocation include:
- Fraud or misrepresentation during the immigration or naturalization process (e.g., lying on application forms, concealing criminal history).
- National security concerns, such as involvement in terrorism, war crimes, or organized crime.
Canada also ensures due process and legal safeguards in all revocation cases.
Individuals have the right to a fair hearing, legal representation, and appeal, reinforcing the country’s commitment to the rule of law.
Conclusión
Canada citizenship by birth laws remain among the most generous globally, granting automatic citizenship to nearly all children born on Canadian soil regardless of their parents’ immigration status.
While parents don’t gain citizenship or permanent residency through childbirth, their child’s Canadian nationality opens doors to education, healthcare, and long-term mobility.
For families considering delivery in Canada, understanding the legal boundaries and future immigration strategies is key to making informed decisions.
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Adam es un autor reconocido internacionalmente en temas financieros, con más de 830 millones de respuestas en Quora, un libro muy vendido en Amazon y colaborador de Forbes.
