Canadian Immigration News: Regarding entering Canada to give birth.
According to Section 3(1)(a) of the Canadian Citizenship Act, persons born in Canada are automatically recognized as Canadian citizens. This right applies to all persons born in Canada, regardless of their parents' residency status in Canada, except for the children of recognized diplomats.
Although nothing in the Refugee and Migration Protection Act (IRPA) relates to this right, giving birth in Canada does not violate any terms or conditions that may apply to temporary residents. Therefore, there is no provision in the IRPA to refuse a Temporary Resident Visa (TRV) based solely on the applicant's purpose of giving birth in Canada.
When it is known that an applicant is pregnant, the visa application assessment will focus on the requirements set for all TRV applicants. Pregnancy may be a factor in the assessment, but only if it affects the assessment of the main requirements for granting a TRV:
Does the applicant have sufficient funds?
They will leave Canada after their permitted period of stay ends.
Were they allowed entry?
However, pregnancy or the intention to give birth in Canada can be important facts in the assessment of a visa application. Deliberately concealing the intention to give birth in Canada may result in an entry eligibility check under Section 40 of the IRPA.
According to Section 40, a person may be deemed ineligible to enter Canada if they have misrepresented or concealed material facts that may affect their ability to enter or reside in Canada.
This includes both withholding important information and intentionally causing misunderstanding.
This could lead to the revocation of temporary or permanent resident status, or a recommendation for deportation from Canada.
In summary, Section 40 of the IRPA requires honesty and transparency from applicants when applying for entry into or residency in Canada.
