Under paragraph 3(1)(a) of the Citizenship Act, people born in Canada are Canadian citizens. This right applies to everyone born in Canada, regardless of the status of their parents in Canada, with the exception of persons born on passports.
There are elements of the Immigration and Refugee Protection Act (IRPA) that address this right. Delivery in Canada is not subject to any terms or conditions that may apply at the time of delivery. Therefore, the IRPA provides that a Temporary Resident Visa (TRV) cannot be granted solely on the basis of the applicant’s intention to give birth in Canada.
When the applicant is known to be pregnant, the application assessment should focus on the requirements for all applicants for TRV. Severity may be an element in the Assessment, but only to the extent that the assessment affects the basic needs for the outcome of the TRV:
- Is it enough money to make the audition?
- Will they leave Canada at the end of their staycation period?
- Are they to be admitted?
Consideration of pregnancy and a declared or apparent intention to give birth in Canada should be considered as one of the essential requirements for issuing a TRV.
Guidelines for people presenting with medical care can help officials evaluate applications from people known to be pregnant and willing to comply in Canada at the time of TRV application. It is important to note, however, that pregnancy does not usually trigger medical inadmissibility concerns.
Introduction of the temporary Public Policy on Excess Demand for Health and Social Services on June 1, 2018, health care costs for high-risk pregnancies (prenatal care and delivery) do not exceed the excess demand threshold. The assessment of excessive demand for health or social services does not apply to a future child who will be born a citizen. Concerns about the requirements for the child to be able to do health and social services after birth in Canada should be used to evaluate the applicant’s medical admission TRV.
When temporary residents seek medical treatment in Canada, officials must assess the available financial assistance as part of their eligibility.
A medical examination should only be requested in extraordinary cases, when the verification of information is important for the evaluation of the application.
The TRV application form asks the applicant if he or accompanying family members have any physical or mental disorders that would require health or social services during their stay in Canada. Answering “No” to this question should not ordinarily be considered misleading in the case of a pregnant woman, given the terminology used. Pregnancy cannot ordinarily be considered a “medical condition.”
However, pregnancy or the intention to give birth in Canada may materially affect the assessment of the application, which, if the pregnancy is not known, cannot be examined; such facts may be important in assessing treatment arrangements, financial ability to handle treatment costs or intention to leave Canada, for example. Therefore, in some cases, the concealment of the intention to give birth in Canada can be made in admissible review under section 40 of the IRPA.
Can I wait until after she gives birth to have a medical exam?
No. You need to have a medical exam even if you are pregnant. But some parts of the exam can be postponed until after delivery. In this case, your application will be evaluated only after all medical requirements have been met.
