Birthright Citizenship in Canada: Can Parents Get PR if a Child Is Born in Canada?

Can Parents Get PR if a Child Is Born in Canada blog banner
Last Updated On:

A Question on Every Newcomer’s Mind

If your child is born in Canada, does that mean you — as a parent — can stay, live, and become a Canadian permanent resident?

This is a common question among temporary residents, international students, foreign workers, and even undocumented migrants in Canada. While Canada is one of the few countries that still offers jus soli (citizenship by birth), it’s crucial to understand what that means — and what it doesn’t mean — for the parents.

In this detailed guide, we’ll unpack:

  • How birthright citizenship works in Canada
  • Whether parents get immigration benefits
  • What options exist for staying in Canada
  • Legal pathways to Canadian PR based on child’s citizenship
  • Common myths, and your legal rights

What Is Birthright Citizenship in Canada?

Birthright citizenship — also known as jus soli — is the principle where anyone born in a country automatically receives citizenship, regardless of their parents' status.

Canada's Policy

Canada does offer unconditional birthright citizenship. That means:

Criteria Status in Canada Child’s Citizenship
Both parents are foreign nationals Visitors, workers, students, or undocumented Canadian citizen at birth
Parents are permanent residents or citizens -- Canadian citizen at birth

Unlike countries like Germany or the UK, Canada does not require at least one parent to be a citizen or PR.

Does Having a Child in Canada Make the Parents Eligible for PR?

Here’s the truth: No, having a child who is a Canadian citizen does not automatically grant permanent residency (PR) or citizenship to the parents.

But There Are Indirect Benefits:

  1. Canadian-born children can sponsor their parents, but only after turning 18.
  2. Humanitarian and Compassionate (H&C) grounds can be considered for PR under exceptional circumstances.
  3. Your child may benefit from free healthcare and public education even if you are not a PR.

1. Spousal Sponsorship or Express Entry

If one of the parents qualifies through education, work experience, or language skills, you can apply for:

  • Express Entry
  • Provincial Nominee Program (PNP)
  • Spousal Open Work Permit (if your partner is studying/working)

2. Humanitarian and Compassionate Grounds (H&C)

This is a discretionary PR pathway for those without legal status or in hardship situations.

To apply under H&C:
  • Show how removing you would negatively affect the Canadian child citizen.
  • Provide strong documentation (medical, psychological, social support).

Tip: Having a Canadian child strengthens the case, but doesn’t guarantee approval.

3. Refugee or Asylum Status

In specific cases, you may claim asylum, and your child being Canadian could play a supportive (not decisive) role.

Who Can Stay and How?

Parent’s Immigration Status Child Born in Canada Can You Stay? Options
Visitor Yes No automatic stay Apply under H&C or extend stay
Student/Worker Yes Must maintain status PNP, Express Entry, TRV
Undocumented Yes No automatic stay H&C only
PR or Citizen Yes Already eligible N/A

Common Myths Debunked

Myth Reality
Having a baby in Canada means I can stay forever. False — only the child gets citizenship
My baby will help me get PR quickly. No, not unless exceptional cases apply
Free healthcare for me too. No — only for the child, not for non-status parents

Recent Policy Updates (2024–2025)

As of 2025:

  • Canada has not removed birthright citizenship like some other nations.
  • There are stricter evaluations for H&C applications — more emphasis on long-term ties and child's welfare.
  • Some provinces have started special parenting-support visa extensions, but these are temporary.

Sources:

  • IRCC official guidelines: www.canada.ca
  • Canadian Bar Association: www.cba.org

Benefits for Canadian-Born Children (Even If Parents Are Foreign)

  • Eligible for free provincial healthcare
  • Free public school education
  • Passport and mobility rights
  • Can apply for college funding and loans as a domestic student
  • After age 18, they can sponsor their parents for PR

Pro Tips for Parents Planning Birth in Canada

  • Have a legal pathway ready before delivery
  • Keep all documents: birth certificate, hospital records, proof of ties
  • Work with an RCIC (Regulated Canadian Immigration Consultant)
  • Apply for a visitor record extension if you’re on a tourist visa

Where to Get Help

Organization Services Offered
IRCC Immigration applications & updates
Legal Aid Ontario H&C legal assistance
RCICs Immigration pathway planning
Local Settlement Agencies Family, legal, and housing support

Conclusion: Citizenship ≠ Residency for Parents

While Canada welcomes every baby born on its soil with citizenship, it does not automatically grant immigration rights to parents. That said, a Canadian child can be a valuable factor in future PR applications, especially under compassionate grounds or long-term settlement planning.

FAQs: People Also Ask
If my child is born in Canada, can I get a Canadian passport?

No, only the child is eligible for a Canadian passport.
Can a baby born in Canada sponsor their parents?

Yes, but only after they turn 18.
Can I apply for PR if I’m undocumented and my child is Canadian?

Yes, but only under Humanitarian and Compassionate grounds — and approval is not guaranteed.
Does my Canadian-born child get free healthcare?

Yes, but parents do not unless they have a valid status.
What happens if I overstay my visa after childbirth?

You risk removal unless you apply for legal status or H&C protection.