All of us will feel a sense of belonging in our lives, and that sense of belonging comes from a number of different elements – our friends, our family, the places we have lived, and the hobbies that we have enjoyed that have connected us to people. However, one of the very strongest elements that nurtures our sense of belonging, and even our sense of self and personality, is where we are born.
Parents will sometimes put a great deal of time and thought into consideration of where a child is born, in order to enable them to maximise the potential for that child in its life through access to services and resources.
Citizenship
Perhaps the most important element of this is citizenship. Citizenship can be derived from a number of different sources. Citizenship determines the nation to which we belong, and to which we are considered to be part of for a whole host of reasons in terms of access to services, protection from an embassy, taxation, voting rights etc.
Most people will only hold citizenship for one country throughout their life, whereas a few million people around the world each year will change their citizenship, usually as a result of residence in a country for a long period of time, and some people may even be entitled to hold dual citizenship, where they are a citizen of two countries, although this is relatively rare.
Citizenship rules vary around the world and they are not identical everywhere, so those who are wanting their child to be a citizen of Canada should make sure that they are aware of the rules and regulations around Canadian citizenship for children born in Canada.
Citizenship in Canada
Significantly, the Canadian government grants full rights of citizenship to any child that is born in the country, under the Citizenship Act. This is true whatever the citizenship of the parents of the child. The only exception to this is children born in Canada who are the parents of foreign diplomats.
For example, a child is born in Canada to two parents who have Canadian citizenship. This child is entitled to Canadian citizenship. Another example a child is born in Canada to two parents, one of whom has United States citizenship, the other has Canadian citizenship. This child is entitled to Canadian citizenship. A third example, a child is born in Canada to two parents, one of whom has British citizenship, one of whom has French citizenship. This child is also entitled to Canadian citizenship.
This principle is known as jus soli or the right of the soil. This right has become much less common in recent years. Some countries have abolished jus soli in its entirety, which means that no citizenship can be presumed by being born in a particular country. Other countries have placed limits on jus soli, requiring that one parent must have citizenship in the country of the child’s birth in order for that child to automatically guarantee citizenship.
This is often used in situations where one of the two parents is a Canadian citizen, and they want to guarantee the Canadian citizenship of the child. Therefore, the parents will travel to Canada so that they child can be born in Canada and have Canadian citizenship guaranteed by birth. It is also the case that on some occasions that neither parent is from Canada but that they will travel to Canada in order to guarantee Canadian citizenship for the child through birth. This is known as birth tourism, illegal in some countries but not in Canada.
As Canada has become home to a great many people from around the world, particularly foreign nationals who are living and working here, many of them being young couples, the number of children born in Canada who have become Canadian citizens has increased. This can lead to the unusual situation where the child who has been born will be a Canadian citizen, but the parents who are foreign nationals will not automatically be Canadian citizens and would need to qualify for citizenship by other means.
Parents can also become citizens by being a permanent resident (living in Canada for 3 out of the past 5 years and having filed taxes in Canada during that time) passing the relevant tests, and also any other requirements that may be relevant. The tests include the Canadian Language Benchmarks (CLB) at level 4 or higher. A citizenship test may be required depending on age.
The need to pass these tests for many adults wishing to become a Canadian citizen is one of the reasons why the ability to become a Canadian citizen through birth can be so desirable, especially for parents who have the intention of settling in Canada themselves, as there is no bureaucratic burden for their offspring to follow.
A child born in Canada will have an automatic right to the various benefits and privileges that other citizens have. In particular this includes access to social benefits and education, and freedom of travel and movement in Canada as big benefits, along with access to the Canadian healthcare system.
However, Canadian citizenship for their child does not come with any special access arrangements for the parents, and they will have to apply in the normal manner and will be held to the same standards as others.
Not every child born in Canada to parents who are foreign nationals will remain in Canada, as their parents may return to their home country. However, the Canadian-born child will retain the right to return to Canada to live and work at any point during their lives.
Summary
With very few countries in the world offering unqualified citizenship through birth, irrespective of parentage, Canada’s application of jus soli to offer citizenship through birth to any child born in Canada provides a great potential opportunity, and with birth tourism not being illegal in Canada, it is not unusual for children to be born in Canada in order to gain the guarantee of citizenship, even if that offer is not guaranteed for their parents.
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