At Kingwell Immigration Law, we know that having a child born in Canada does not automatically grant parents permanent residency.
While the child becomes a Canadian citizen at birth through Canada’s birthright citizenship laws, parents must still qualify through established immigration pathways or, in some cases, meet specific criteria for humanitarian consideration to remain in Canada legally.
This is one of the most common questions we hear from temporary residents, international students, and visitors facing uncertain immigration status.
The confusion often stems from Canada’s birthright citizenship policy, which grants automatic citizenship to children born on Canadian soil regardless of their parents’ status. However, this citizenship does not extend immigration benefits to parents.
If you’re facing complex immigration challenges with a Canadian-born child, our experienced immigration lawyer in Toronto can provide the specialized legal guidance your family needs.
We provide comprehensive legal support for parents with Canadian-born children who need to secure their immigration status. Our experienced team handles complex cases involving removal proceedings, detention matters, and Federal Court appeals where children’s best interests are central to the legal argument.
Our services include representing families in Immigration Appeal Division hearings, preparing detailed humanitarian and compassionate applications that highlight the impact on Canadian children, and providing urgent legal assistance when parents face removal orders or detention.
We also guide families through sponsorship processes when children reach the age of majority.
Contact our experienced immigration lawyers at 416.988.8853 to discuss your family’s situation and explore your legal options.
Canada maintains one of the world’s most generous birthright citizenship policies. Any child born on Canadian soil automatically receives Canadian citizenship, regardless of either of their parents’ immigration status. This principle, known as jus soli, means that even children of undocumented migrants, visitors, or temporary residents become Canadian citizens at birth.
Your Canadian-born child immediately gains the right to live in Canada permanently, access free healthcare through provincial health insurance, attend public school without fees, and obtain a Canadian passport for international travel. These rights remain intact even if you, as the parent, must leave Canada.
However, Immigration, Refugees and Citizenship Canada (IRCC) makes clear that parental immigration status remains unchanged by a child’s birth. Parents must still maintain a valid status or face removal proceedings.
Parents must obtain PR through one of the immigration pathways described below before ever becoming eligible for citizenship. Citizenship is only possible after first securing PR.
💡 Additional reading: If my child is born in Canada, can I get citizenship
Immigration law treats citizenship by birth and parental immigration rights as separate matters. The Citizenship Act grants citizenship to children born in Canada, but the Immigration and Refugee Protection Act governs parental status and removal proceedings. These laws operate independently.
Canadian immigration policy prioritizes orderly entry through established programs rather than circumstantial claims based on family connections. This approach maintains the integrity of immigration programs while ensuring proper vetting of applicants through standard channels.
📌 We regularly represent parents who mistakenly believed their child’s citizenship would protect them from removal. Our firm helps families navigate these complex legal distinctions and develop realistic strategies for securing legal status.
Additional reading: How to become a permanent resident in Canada
If you currently hold a valid temporary status as a visitor, student, or worker, you may be eligible for extensions while pursuing permanent residence through standard immigration programs. Student visa holders often transition through Provincial Nominee Programs, while temporary workers may qualify for Express Entry streams.
While maintaining temporary status is important, the long-term goal for many parents is permanent residence. Those with suitable education, work experience, and language skills should consider Express Entry federal programs or Provincial Nominee Programs (PNPs).
These pathways do not depend on having Canadian-born children, but family connections in Canada can strengthen a provincial nomination. Employment history, community ties, and family relationships are all factors that provinces often weigh in their assessments.
📌 At Kingwell Immigration Law, we guide parents through these complex application processes while ensuring their temporary status remains valid during the transition to permanent residence.
For parents who do not meet the requirements of Express Entry or Provincial Nominee Programs, an alternative may be an application on Humanitarian and Compassionate (H&C) grounds.
Humanitarian and Compassionate (H&C) applications represent the primary pathway for parents without other immigration options. These discretionary applications allow IRCC officers to grant permanent residence based on exceptional circumstances, with Canadian children’s best interests as a central consideration.
Successful H&C applications require compelling evidence of the hardship the child would face if separated from parents or removed from Canada. Factors include the child’s establishment in Canadian schools and communities, medical needs requiring Canadian healthcare, and the psychological impact of family separation.
📌 Our firm has successfully represented families in Federal Court when IRCC officers failed to properly consider children’s best interests in H&C decisions. We help families build compelling cases that demonstrate the genuine hardship separation would cause Canadian children.
Canadian citizens can sponsor parents for permanent residence once they reach age 18, meet income requirements, and demonstrate the ability to provide financial support. However, this process requires the sponsor to live in Canada and maintain specific income levels for the sponsorship period.
The Parent and Grandparent Program operates through annual intake periods with random selection from interested sponsors. Processing times typically extend 20-24 months after invitation, making this a long-term rather than immediate solution for parents needing current status.
📌 We help families develop comprehensive immigration strategies that consider both immediate needs and long-term family reunification goals, ensuring parents maintain legal status while planning for future sponsorship opportunities.
Parents without a valid immigration status face removal orders regardless of having Canadian children. Canada Border Services Agency (CBSA) enforces removal orders even when Canadian children are involved, though they consider the best interests of children in enforcement decisions.
Removal proceedings can result in family separation if parents cannot take Canadian children to their home countries due to safety concerns, lack of citizenship, or inadequate healthcare and education systems. These situations create complex legal challenges requiring immediate professional intervention.
We regularly handle urgent matters involving immigration detention, where parents are held pending removal while Canadian children remain in Canada. Our team provides swift legal action to prevent prolonged family separation and ensure proper consideration of children’s rights.
| Parent’s Status | Child’s Status | Removal Risk | Legal Options |
| Visitor (expired) | Canadian citizen | High | H&C application, voluntary departure |
| Student/Worker | Canadian citizen | Medium | Status renewal, PR pathways |
| Undocumented | Canadian citizen | Very High | H&C application, urgent legal help |
| Refugee claimant | Canadian citizen | Variable | Continue the claim process |
Many parents believe having a Canadian child provides automatic protection from removal or fast-track permanent residence processing. This misconception leads to inadequate preparation for immigration proceedings and missed opportunities for legitimate pathways to permanent residence.
Another common myth suggests Canadian children can immediately sponsor parents or that family ties alone justify permanent residence grants. In reality, sponsorship requires adult Canadian citizens with demonstrated financial capacity, and family connections must be supported by compelling humanitarian evidence in H&C applications.
📌 Our experienced team helps families separate fact from fiction, ensuring they pursue appropriate legal strategies rather than relying on misconceptions that could jeopardize their future in Canada.
Don’t let misconceptions jeopardize your family’s future – Contact our experienced immigration lawyers to evaluate your real options.
Your Canadian-born child immediately qualifies for provincial health coverage regardless of your immigration status. However, you as the parent may not be eligible for publicly funded healthcare, creating potential financial challenges for family medical needs.
Canadian children have the right to attend public school in any province without fees. Schools cannot deny enrollment based on parents’ immigration status, though some documentation may be required to establish the child’s Canadian citizenship and residence for school district purposes.
📌These rights remain intact even if you must leave Canada temporarily. We help families protect these important benefits while developing strategies to secure parental immigration status.
💡 Additional reading: Does Canada allow dual citizenship
Contact our immigration lawyer immediately if you receive removal orders, detention notices, or any correspondence from CBSA regarding enforcement action. Time-sensitive legal remedies may be available, but delays in seeking representation can eliminate options for judicial review or stays of removal.
Parents facing immigration enforcement while caring for Canadian children should seek legal help before situations become critical. Early intervention allows for proper preparation of H&C applications, judicial review applications, and necessary evidence gathering to protect family unity.
We provide urgent legal services for families in detention, parents with pending removal orders, and situations where Canadian children’s welfare is at immediate risk due to enforcement actions.
Our experience with Federal Court proceedings ensures proper protection of your rights and your child’s interests.
Our approach centers on protecting Canadian children’s best interests while securing a parent’s legal status through available immigration pathways. We combine thorough legal analysis with compassionate representation during stressful immigration proceedings.
We work closely with families to document children’s establishment in Canadian communities, educational progress, healthcare needs, and psychological well-being.
Our team guides families through every step of the legal process, from initial consultation through final resolution, ensuring your family receives the dedicated representation needed to achieve the best possible outcome.
Trust Kingwell Immigration Law to guide your family through complex immigration challenges – call 416.988.8853 to schedule your consultation and protect your family’s future in Canada.
Canadian children qualify for provincial health insurance and public education regardless of their parents’ immigration status. Schools and healthcare providers focus on the child’s citizenship rather than parental status.
However, parents without status cannot access these benefits themselves. Your child’s healthcare card and school enrollment require proof of Canadian citizenship through their birth certificate and current residence documentation within the relevant province or school district.
Your Canadian child retains citizenship permanently and can return to Canada at any time without restrictions, even after living abroad for years. However, practical considerations like maintaining provincial health coverage, accessing Canadian educational records, and reestablishing residence may require planning.
We help families evaluate the implications of temporary departure versus permanent relocation when developing long-term immigration strategies for eventual return.
Emergency protection may be available through Pre-Removal Risk Assessment (PRRA) applications if you can demonstrate that your Canadian child would face serious harm if forced to accompany you to your country of origin.
This includes situations involving ongoing conflict, inadequate medical care for chronic conditions, or targeted violence. We frequently represent families in urgent PRRA applications where children’s safety is the primary concern, requiring immediate legal intervention.
While legal representation isn’t mandatory, H&C applications involving Canadian children require complex evidence presentation and legal argument that significantly benefit from professional assistance.
Success rates improve substantially with proper legal guidance in documenting children’s establishment, psychological impacts, and best interests analysis. We prepare comprehensive submissions including expert reports, school records, and community support letters that strengthen your family’s case for humanitarian consideration.
Removal orders remain valid regardless of your child’s citizenship status, but enforcement may be delayed or modified based on the children’s best interests considerations. You can apply for judicial review of removal decisions or seek ministerial relief in exceptional circumstances.
We regularly challenge removal orders in the Federal Court when proper consideration of Canadian children’s welfare was not given during the decision-making process, sometimes securing stays or overturning deportation orders.
