Giving birth in Canada while visiting on a visitor visa is entirely legal, and many families find themselves in this situation each year. When a child is born on Canadian soil, that baby automatically becomes a Canadian citizen under the country’s birthright citizenship law. However, this does not change the immigration status of the parents.
If you’re visiting Canada and expecting a child, understanding your rights, obligations, and future immigration options is essential. While having a Canadian-born child doesn’t grant you immediate permanent residence or citizenship, it may open pathways worth exploring with proper legal guidance.
To learn more about these cases, reach out to our expert Toronto immigration lawyer.
Yes. Canada follows the principle of jus soli, which means citizenship by birth on Canadian territory. Any child born in Canada automatically receives Canadian citizenship, regardless of their parents’ immigration status.
This right is enshrined in the Citizenship Act and confirmed by Immigration, Refugees and Citizenship Canada (IRCC). Your child will be entitled to a Canadian birth certificate, passport, and all rights associated with citizenship from birth.
Rare exceptions include:
The short answer is no—not automatically. While your child gains citizenship, your own immigration status remains unchanged. This is one of the most common misconceptions about childbirth in Canada.
When you entered Canada on a visitor visa, you were granted temporary permission to stay. Having a baby during your visit does not extend this authorization. You must still comply with the conditions of your visitor status:
Overstaying can result in removal orders, which create serious complications for future immigration applications.
Having a Canadian-born child may strengthen an application based on humanitarian and compassionate (H&C) grounds. These applications allow IRCC to grant permanent residence to individuals who would otherwise face unusual hardship if required to leave Canada.
Factors that may support an H&C application include:
H&C applications are complex and require substantial evidence. Each case is assessed individually, and there are no guarantees.
Many parents in this situation explore:
Myth: “If my child is born in Canada, I automatically get PR or citizenship.”
False. Canadian citizenship for your child does not grant you any immigration status. You must independently qualify for permanent residence or temporary status through Canada’s immigration programs.
Myth: “Canadian-born children guarantee a legal stay for parents.”
While having a Canadian child may be a factor in certain applications (such as H&C cases), it does not guarantee approval.
Myth: “I can extend my visitor status indefinitely because my child is Canadian.”
Visitor status extensions are not automatic and must be justified. IRCC considers whether you continue to meet the requirements of a temporary resident, including your intent to leave Canada when authorized.
While having a Canadian-born child doesn’t create an immediate pathway to permanent residence, several options may be available.
H&C applications consider factors like the best interests of Canadian children. If you can demonstrate that leaving Canada would cause significant hardship to your child or family, this may be a viable option requiring detailed documentation and legal submissions.
Your Canadian child can sponsor you for permanent residence once they turn 18 and meet the requirements under the Parents and Grandparents Program (PGP). This means:
This is a long-term option but provides a clear pathway if other routes are unavailable.
Consider exploring:
If you’re wondering, if my child is born in Canada, can I get permanent residency? We can assess your eligibility for these pathways.
Additional reading: If my Child is born in Canada, can I get citizenship?
Parents on visitor visas who give birth in Canada often face:
Every family’s situation is unique. The options available depend on factors like your home country, current immigration status, financial resources, and ties to Canada. Immigration law is complex, and making the wrong decision can have serious consequences.
An immigration lawyer can:
At Kingwell Immigration Law, we understand the uncertainty families face when navigating immigration matters after childbirth. Our Toronto-based team provides personalized support tailored to your situation.
We assist with:
Contact our Toronto immigration lawyer today to schedule a consultation.
No, Canadian citizenship is not automatically extended to parents. You must apply for legal status independently. Having a Canadian-born child may strengthen certain applications, such as those based on humanitarian and compassionate grounds, but does not guarantee approval.
Not immediately. A child must be at least 18 years old and meet minimum income requirements to sponsor parents for permanent residence under the Parents and Grandparents Program (PGP). The sponsor must demonstrate sufficient income for the three consecutive tax years before applying, and you must be admissible to Canada. Learn more about if my child is born in Canada can I get citizenship.
You can give birth in Canada while on a valid visitor visa, but you must pay all medical expenses unless covered by private insurance. Provincial health insurance typically does not cover visitors. Budget for hospital fees, prenatal care, and postnatal care, which can be substantial.
Overstaying your authorized period in Canada can lead to removal orders, which create serious complications for future immigration applications. If your visitor visa is expiring, speak to a lawyer right away to explore legal options such as extensions or applications for permanent residence.
