Q1237. Can parents get Canadian Visa if baby born in Canada?

Question: Dear Mr Chand, we are a family of 3 and are Permanent Residents of Canada. We immigrated to Canada one year and 6 months back. I am expecting our second child in April 2012. We are planning to move back to India due to some personal family reasons.

My question regarding this current situation is: is it advisable for us to give him birth in Canada and then move back to India, as I understand that my second child will get Canadian citizenship as soon as he is born in Canada?

If after five years we wish to come back to Canada to get settled here again, what kind of visa would we require? One of our kids has Canadian Citizenship — how far will his citizenship status benefit us in getting a visa for Canada?

Please let me know the details and what the additional benefits are of giving him birth here, and what the benefits are if he is born in India.

Regards, PSingh

Answer: Since you and your husband are legal residents of Canada, if birth is in Canada, your child will be a Canadian Citizen.

In case you decide to stay away from Canada for five continuous years, your residency visa will naturally be canceled. To enter Canada again after five years, you would, in my opinion have to reapply for a Canadian Visa. The type of visa would depend on why you want to return, for a visit a tourist visa or an immigrant visa to settle in Canada. The fact that your baby was born in Canada would not make a difference as the baby would only be five years old!

Parents can be sponsored by their children provided their children are adults and meet the criteria to sponsor. A minor child cannot sponsor parents, hence child's Canadian citizenship will not help you.

Benefit of giving birth in Canada is that the baby would have the right to Canadian Citizenship. Currently, one of the best passports to have is a Canadian passport. (I'm biased as I happen to be Canadian).

Your child would be able to come to Canada at anytime and have all the rights of a Canadian Citizen. When it comes to education, while an Indian student studying in Canada would pay a higher fee, Canadian residents fees are subsidized.

Advantage of giving birth in India would be that your child will be an Indian citizen by birth, will not have to pay a higher schooling fee that some schools charge from foreigners, you will not have to get a visa for your child to stay in India.