To be born in Canada can be a dream come true.
Giving a visa to come to Canada to give birth to their babies in Canada is one of the biggest desires of millions of prospective parents around the world. With Canada’s no-expenses spared health care system and its rating as one of the best countries in the world, it’s not a surprise.
What does it take to immigrate or get a visa to give birth to your baby in Canada, and does the government allow anyone to do so?
Given the fact that Canada has committed to bringing 500,000 new immigrants every year, expectant mothers would also want to know how to get a Canadian visa to give birth here.
Is it legal to come to Canada solely for the purpose of giving birth in the country?
The answer to this question surprisingly, is yes. Giving birth in Canada does not represent a violation of any terms or conditions that may be applied to a temporary resident visa applicant. There are no elements of the Immigration and Refugee Protection Act (IRPA) that refer to this right.
Thus, there is no provision in the IRPA to refuse a temporary resident visa (TRV) solely on the basis of the intent of the applicant to give birth in Canada.
Under paragraph 3(1)(a) of the Citizenship Act, persons born in Canada are Canadian citizens. This right applies to all persons born in Canada, irrespective of the status in Canada of their parents, other than persons born to accredited diplomats.
The fact of the pregnancy may be an element in the assessment but only insofar as it affects the assessment of the primary requirements for issuance of a visa to come to Canada to have a baby.
When it is known that an applicant is pregnant, the government of Canada directs that the immigration officers’ assessment of the application should focus on the requirements applied to all applicants for a temporary visa. These include:
- Do applicants have sufficient funds?
- Will they leave Canada at the end of their period of authorized stay?
- Are they admissible?
Consideration of the pregnancy and the stated or apparent intent to give birth in Canada must relate back to one of these essential requirements for a temporary visa issuance.
Do applicants have to hide their pregnancy when applying for a visa to Canada?
For persons coming forward for medical treatment local immigration officers can use their discretion, based on the Canada visa guidelines and other information supplied by the applicants. The same procedure would also apply for persons who are known to be pregnant and intending to give birth in Canada at the time of the visa application.
However, it is important to note that pregnancy would not normally present concerns regarding medical inadmissibility.
With the introduction of the Temporary Public Policy Regarding Excessive Demand on Health and Social Services on June 1, 2018, the health-care costs related to a high‑risk pregnancy (prenatal care and delivery) do not exceed the excessive demand threshold.
An assessment of excessive demand on health or social services do not apply to the future child, who will become a citizen at birth.
Concerns regarding the demands that may be placed on health and social services by the child after birth in Canada may not be used in assessing the medical admissibility of the visa applicant to Canada.
Is a medical examination essential when applying for a visa to give birth in Canada?
In applying the guidelines on temporary residents seeking medical treatment in Canada, officers are directed to focus on available financial support as part of their assessment of admissibility.
A medical examination should be requested only in exceptional cases, where the information from the examination would be material to the assessment of the application.
The Canadian visa application form usually asks the applicant if they or any accompanying family members have any physical or mental disorders that will require social or health services during their stay in Canada.
Answering “No” to this question should not normally be considered misrepresentation in the case of a pregnant applicant, given the terminology used. Pregnancy may not normally be viewed as a “medical condition.”
However, pregnancy or the intent to give birth in Canada may be material facts in the assessment of the application, which, if we are not advised of the pregnancy, may go unexamined; such facts may be material to the assessment of arrangements for treatment, of the financial ability to cover the costs of treatment or of the intent to depart from Canada, for example.
Therefore, in some cases, the intentional concealment of intent to give birth in Canada may lead to an examination of admissibility under section 40 of the Immigration and Refugee Protection Act IRPA.
What is the most important consideration when applying for a visa to give birth in Canada?
Evidence of sufficient funds and the sources of such funds would be the most important factor for pregnant persons applying for a Canadian visa to give birth in Canada.
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