COVID-19 Update: Due to COVID-19, there are travel restrictions that limit those who can come into Canada. Until further notice, most foreign nationals (except, Canadians, Permanent Residents – PRs, Students, and Workers) cannot travel to Canada. Thus, even if you have a valid Temporary Resident Visa (TRV) – visitor or tourist visa, you may not be allowed to come into Canada.
Are you considering the possibility of giving birth in Canada? Read On!
The Canadian Citizenship Act – paragraph 3(1)(a) – states that all individuals born in Canada are Canadian citizens, regardless of their parent’s status in Canada. The only exclusion is foreign diplomats who give birth to a child in Canada, cannot be Canadian citizens.
Therefore, if you are a temporary resident in Canada (e.g. a visitor, worker, tourist) and you give birth to a child in Canada, your child automatically becomes a Canadian citizen.
Did you know? The United States of America (USA) and Canada are currently the only G7 nations that have birthright citizenship.
Benefits of Giving Birth in Canada
If an individual is born in Canada, the Canadian-born child has all the rights and privileges as every other Canadian citizen, including:
- The right to live/reside in Canada or travel to Canada at any time without a visa.
- The child is entitled to receive and enjoy benefits such as free health care benefits, free education, and free social benefits.
Temporary residents wishing to enter Canada for the purpose of giving birth
A temporary resident who gives birth in Canada is not considered to have violated any terms or conditions.
According to the Immigration and Refugee Protection Act (IRPA), a TRV cannot be refused just because an applicant intends to have childbirth in Canada.
Assessment of the TRV application of a pregnant applicant should centre on the essential requirements of TRV just like any other applicants. The fact that an applicant is pregnant should only be considered as a component in the TRV assessment but only in the manner that it affects the assessment of the main requirements for TRV issuance. They are:
- Does the applicant have sufficient funds for the duration of the trip to Canada?
- Will the visa applicant depart Canada at the end of their authorized period of stay in Canada?
- Is the applicant admissible to Canada?
The intent to give birth in Canada (whether indicated or evident) and the pregnancy consideration must relate back to one of the three above primary requirements for issuance of the TRV.
The Cost and Procedure of Giving Birth in Canada
Who Covers the Health Care Costs for Childbirth in Canada?
As a visitor/tourist in Canada, deciding to give birth to a child in Canada has some associated costs ranging from $5,000.00 CAD to $20,000.00. The cost is based on various factors, such as:
- the health care costs in the province you decide to have your child (some provinces have higher health costs than others).
- the medical facility that is handling the care (hospital vs. mid-wives)
- the type of delivery (normal delivery vs. Caesarean section).
This is considered as Birth Tourism in Canada.
The parent of the child born in Canada is NOT eligible to have the costs of the child’s birth covered by Canadian healthcare. The mother of the child will be required to pay out-of-pocket expenses for all the associated medical costs and bills related to the birth of the child. This is mandatory since the parent is not a Canadian resident.
If you are a Canadian permanent resident (e.g. student, worker, etc.), you will usually have medical coverage through your educational institution or the provincial government depending on how long you’ve lived in a specific province. For example, if you are an international student studying in British Columbia, your educational institution will usually arrange for health coverage through a private insurer for the first 3 months before your provincial health care coverage takes effect.
What is the Procedure for Giving Birth in Canada for Non-Resident?
- Decide that you want to give birth in Canada.
- Apply for a Canadian TRV.
- If your TRV application is approved, arrive in Canada.
- Give birth to your child in Canada.
- Apply for your child’s birth certificate and the child’s Canadian passport.
- Return back to your home country.
Need Help to Submit a TRV Visa Application for Birth Tourism? Contact Us!
FAQ’s on Birth Tourism – Temporary Resident Visa (TRV) / Visitor Visa
Should I disclose that I am pregnant or that I intend to give birth in Canada when applying for a Canadian TRV?
Yes, you should indicate in your visa application that you are pregnant or that you intend to give birth in Canada. This is important as it may be considered as a material fact in the evaluation of your TRV application. If the Canadian visa officer is not advised of the pregnancy, it may go unexamined; like the fact you are pregnant or that you intend to give birth in Canada may be significant to your TRV application assessment. For instance:
- Have you made pertinent arrangements for your medical treatment in Canada?
- Do you have the financial capacity to cover the full costs of childbirth in Canada, or
- What is the likelihood that you’ll depart from Canada after the birth of your child?
Hence, in some circumstances, the deliberate cover-up of intent to give birth in Canada may result in a conclusion of inadmissibility for misrepresentation (under A40), thereby resulting in a visa refusal prior to visa issuance or refusal of entry into Canada on arrival at the port of entry.
Should I answer “Yes” or “No” in the TRV application form where I’m asked if I or “any accompanying family members have any physical or mental disorders that will require social or health services during their stay in Canada”?
The TRV application form asks whether the visa applicant or if any family member(s) that will be going along to Canada with the applicant, have any physical or mental conditions that will need Canada’s health or social services during the stay in Canada.
As pregnancy is not typically deemed as a “medical condition”, the visa applicant may answer “No” to this question. This is not usually considered misrepresentation in the instance of pregnant applicants, based on the wording used.
Could being pregnant be considered as medical inadmissibility to Canada?
No, pregnancy by itself cannot deem a TRV visa applicant as inadmissible to Canada.
Although a “high-risk” pregnancy could result in undue demand on the Canadian health care system, this would usually be hypothetical and would not be applicable to the unborn child, as the child born in Canada will become a citizen at birth.
Any concerns that the child after birth in Canada may be a burden on Canadian health and social services, cannot be used in evaluating the medical admissibility of the TRV applicant.
The focus of Canadian visa officers should be on available financial support, when utilizing the guidelines on temporary residents applicants seeking medical treatment in Canada, as part of their assessment of admissibility.
Will a medical examination be required from pregnant TRV applicants?
As per IRCC, a medical examination should only be requested in extraordinary cases. For instance, where the information from the medical examination would be material to the assessment of the TRV visa application.