Having a baby in Canada automatically grants the child Canadian citizenship, but it does not stop the parents’ deportation. Parents may file a Humanitarian and Compassionate (H&C) application highlighting the Best Interests of the Child (BIOC), which requires a $1,185 CAD federal filing fee.
Welcoming a newborn is usually a time of immense joy, but doing so while facing an imminent Canada Border Services Agency (CBSA) removal order brings unparalleled anxiety. 👶 Because Canada practices birthright citizenship (jus soli), any child born on Canadian soil is automatically a Canadian citizen. However, immigration law firmly dictates that a child’s citizenship does not automatically grant the parents a right to remain in the country.
This complex situation creates heart-wrenching decisions for families in provinces like Ontario, Quebec, and British Columbia. You are often forced to decide whether to take your Canadian child back to a country they have never known or leave them behind with relatives or in foster care. While the law is strict, there are specific legal avenues, such as Humanitarian and Compassionate (H&C) considerations, that a skilled lawyer can use to advocate for your family’s unity.
Step-by-Step Process in Canada for Parents Facing Removal
Navigating the intersection of family law and immigration enforcement requires swift action. Whether you are delivering your baby at a hospital in Winnipeg, Toronto, or Halifax, you must secure the child’s paperwork immediately and consult a local law firm to structure a legal defence.
Step 1: Registering the Birth and Securing Passports
Immediately after birth, you must register the child with the provincial government. 📋 For instance, in Ontario, you use the 4-in-1 Newborn Bundle via ServiceOntario to get the Birth Certificate, Social Insurance Number (SIN), and Canada Child Benefit (CCB). Once you have the long-form birth certificate, you should immediately apply for the child’s Canadian passport through Service Canada, as they will need it to travel if you are deported.
Step 2: Requesting an Administrative Deferral of Removal
If your CBSA removal date is approaching and the mother has just given birth or is in late-stage pregnancy, you can submit a formal Request for Deferral of Removal to CBSA. This request must be supported by compelling medical notes from a Canadian doctor stating that flying would pose a severe health risk to the mother or newborn. CBSA may grant a short, temporary delay, but it is never a permanent solution.
Step 3: Filing an H&C Application based on BIOC
Your primary legal avenue to remain in Canada is submitting an inland Humanitarian and Compassionate (H&C) application to Immigration, Refugees and Citizenship Canada (IRCC). 📄 This application must heavily rely on the Best Interests of the Child (BIOC) principle. Your lawyer will argue that uprooting a Canadian citizen child to a country with inadequate healthcare, warfare, or severe poverty would cause the child disproportionate and irreversible harm.
Step 4: Seeking a Stay of Removal in Federal Court
Filing an H&C application does not legally pause a deportation. If CBSA refuses your deferral request, your lawyer must file an urgent motion for a Stay of Removal in the Federal Court of Canada. The judge will evaluate whether deporting you while the H&C is processing would cause irreparable harm to the Canadian child. Winning a stay in Federal Court is incredibly difficult and requires flawless legal arguments.
How Much Does it Cost in Canada?
Fighting a deportation order using H&C and Federal Court arguments is an expensive process. State-funded legal aid might be available in some provinces (like Legal Aid Ontario), but many applicants must pay out of pocket. Below are average costs in CAD.
| Legal Action / Application | Estimated Cost (CAD) | What is Included |
|---|---|---|
| H&C Application (PR) | $1,185 per adult | IRCC processing fee and Right of Permanent Residence Fee. |
| Child’s Canadian Passport | $57 | Service Canada fee for a child’s passport (0-15 years of age). |
| Lawyer H&C Retainer | $5,000 – $10,000+ | Extensive legal drafting of BIOC arguments and gathering evidence. |
| Federal Court Stay of Removal | $3,000 – $7,000+ | Emergency litigation fees to argue before a Federal Court judge. |
How Long Does the Process Take?
Timelines in these scenarios are notoriously mismatched. ⏳ CBSA can execute a removal order in a matter of weeks. Conversely, an H&C application currently takes between 20 to 30 months for IRCC to process. If you are unable to secure a deferral or a Federal Court stay, you will likely be deported and must wait outside of Canada for the multi-year H&C decision, raising your Canadian child abroad during that time.
Frequently Asked Questions (FAQ)
Does having a Canadian child stop my deportation?
No. Under Canadian law, a child’s citizenship does not confer any legal status upon the parents. You are still subject to immigration enforcement and must comply with CBSA directives.
Can I leave my baby in Canada if I am deported?
Yes, but it is a complex family law issue. If you have trusted family members or friends in Canada, you can legally transfer decision-making responsibility (guardianship) to them. If you abandon the child, provincial child protective services (such as the Children’s Aid Society) will place the child in foster care.
What exactly is the Best Interests of the Child (BIOC)?
BIOC is a legal principle requiring immigration officers to be highly alert, alive, and sensitive to how a decision will impact a child. It looks at the child’s age, medical needs, emotional ties to Canada, and the conditions of the country the parents are being deported to.
Can my Canadian child sponsor me to come back?
Eventually, yes. However, a Canadian citizen can only sponsor their parents once they turn 18 years old and meet the strict minimum income requirements set by the CRA to qualify for the Parents and Grandparents Program (PGP).
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