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.
Does Being Born in Canada Make a Child a Citizen?
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:
- Children born to foreign diplomats or consular officers serving in Canada
- Children born to employees of foreign governments on official assignments
Can Parents Stay in Canada if Their Child Is Born Here?
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.
Legal Status After Childbirth on a Visitor Visa
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:
- Leaving Canada before your visitor visa expires
- Not working or studying without proper authorization
- Maintaining sufficient funds to support yourself and your family
Overstaying can result in removal orders, which create serious complications for future immigration applications.
Humanitarian and Compassionate Grounds (H&C 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:
- The best interests of your Canadian child, particularly regarding their access to healthcare, education, and family stability
- Your establishment in Canada, including community ties and integration
- Hardship you or your child would face if you returned to your home country
H&C applications are complex and require substantial evidence. Each case is assessed individually, and there are no guarantees.
Long-Term Stay Considerations
Many parents in this situation explore:
- Applying for a visitor visa extension to remain in Canada temporarily while exploring other pathways
- Transitioning to a work permit or study permit if eligible, which could eventually lead to permanent residence
- Leaving Canada and applying for permanent residence from abroad through economic or family sponsorship programs
Common Myths About Birth Tourism and Immigration
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.
Pathways to Permanent Residency for Parents
While having a Canadian-born child doesn’t create an immediate pathway to permanent residence, several options may be available.
Humanitarian Applications
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.
Sponsorship in the Future (Once Child Is 18)
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:
- Your child must be at least 18 years old
- They must demonstrate the minimum necessary income for the three consecutive tax years preceding the application
- You must be admissible to Canada
- They must submit an Interest to Sponsor form and be selected through the lottery system
This is a long-term option but provides a clear pathway if other routes are unavailable.
Other Temporary to Permanent Pathways
Consider exploring:
- Provincial Nominee Programs (PNPs) if you have skills or work experience that align with provincial labour needs
- Canadian Experience Class if you can obtain a work permit and gain Canadian work experience
- Express Entry if you qualify based on factors like education, language ability, and work experience
If you’re wondering, if my child is born in Canada, can I get permanent residency? We can assess your eligibility for these pathways.
Immigration Challenges Faced by Parents
Parents on visitor visas who give birth in Canada often face:
- Expiry of visitor visas: You must leave Canada or apply for an extension before your authorized stay ends. Extensions require justification and are not guaranteed.
- Work limitations: Visitor visa holders cannot work in Canada, making it difficult to support your family without income.
- Financial pressure for healthcare: Hospital deposits for labour and delivery typically range from $10,000 to $12,000, with additional physician fees. Total costs including prenatal and postnatal care can reach $15,000 to $20,000 or more depending on the province and whether complications arise.
- Risk of removal: Overstaying can lead to a removal order, complicating future applications and potentially resulting in bans on re-entering Canada.
Why Legal Help Matters When Your Child Is Born in Canada
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:
- Assess your circumstances and identify viable pathways forward
- Prepare applications with necessary supporting documentation
- Advocate on your behalf in communications with IRCC
- Develop a long-term strategy that considers both immediate needs and future goals
How Our Immigration Lawyers Can Help
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:
Filing for extensions: We prepare and submit extension applications with supporting arguments if you need more time in Canada.
Submitting H&C applications: We build compelling cases based on the best interests of your child and hardship factors that apply to your family.
Exploring long-term PR pathways: We identify routes that align with your qualifications and goals, whether through economic programs, provincial nominees, or future sponsorship.
Personalized legal strategy: We develop strategies designed to give you the best possible outcome.
Contact our Toronto immigration lawyer today to schedule a consultation.
FAQs
Can parents stay in Canada if their baby is born there?
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.
Can my baby sponsor me for PR if born in Canada?
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.
What visa do I need to give birth in Canada?
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.
Will I be deported if I overstay my visitor visa after childbirth?
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.