Giving Birth in Canada from Nigeria

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Overview of Giving Birth in Canada for Nigerian Nationals

Canada does not offer any specific visas for foreign nationals intending to give birth in Canada. The Immigration and Refugee Protection Act (IRPA) in Canada does not include any provision to that effect.

However, giving birth in Canada does not violate any terms or conditions applicable to a temporary resident in the country. In other words, there is no provision in IRPA to refuse a TRV to a pregnant foreign national applicant on the basis of her intent to give birth in Canada.

A child born in Canada becomes a Canadian citizen on the principle of ‘jus soli’ i.e. the right of soil, generally referred to as birthright citizenship, under paragraph 3(1)(a) of the Canadian Citizenship Act. This right applies to all children irrespective of their parents’ residency status in Canada at the time of their birth, the only exception being the babies born to foreign diplomats.

Many foreign nationals thus want their children to be born in Canada so that these children automatically get the rights and privileges of a Canadian citizenship. This also aligns with Canada’s goal of welcoming 500,000 immigrants per year by 2025 to address the country’s workforce shortage.

The TRV is a category of visa for foreign nationals to enter and stay in Canada for a short duration. This visa is generally valid for up to six months. A foreign national travelling to Canada for visiting their friends and family, business or tourism purposes, or to enrol for a short-duration study programme, can apply for a TRV.

The TRV for pregnant women of foreign nationality intending to give birth in Canada is not any different from TRV for any other admissible purposes. These women can apply for a TRV to travel to Canada to visit family, friends, or simply to travel. At the same time, they can go to a hospital in Canada and seek assistance in giving birth.

Please note that while TRVs are mandatory for Nigerian nationals, citizens from certain countries are allowed to visit Canada by applying for an electronic travel authorization (eTA). The Government of Canada website has a list of countries whose nationals are allowed to travel to Canada on eTA.

Eligibility Criteria for Temporary Resident Visa

While assessing the eligibility of a foreign national seeking a TRV, the fact of pregnancy cannot be a deciding element in the favour of or against issuing a TRV. In other words, the eligibility criteria applicable to a pregnant foreign woman seeking a TRV is the same as that for all TRV applicants.

To be eligible to apply for TRV, a foreign national must:

• Be at least 18 years old to apply as the primary visa applicant
• Have a valid passport with at least one blank page that is not the last page of the passport
• Have certified English or French translated copies of all required documents (that are in a different language than those two)
• Have no criminal records
• Have financial means to cover their stay in Canada
• Prove that their stay in Canada is temporary and they intend to return to their home country eventually
• Prove that they do not plan to work or study (for more than six months) in Canada

A pregnant foreign woman will need to meet the above criteria to receive a TRV. There are no other specific requirements that are applicable to her.

Moreover, the child, once born, will enjoy the social and healthcare benefits available to Canadian citizens. So, no proof of funds is required to cover any possible healthcare cost incurred by the child after birth while the would-be mother applies for a TRV.

Please note that, however, the Canadian consulate may ask you to go through a medical examination if you have a high-risk pregnancy.

Temporary Resident Visa Application Process

Overview

Application for a TRV may be done online or in person visiting the Canadian consulate. The High Commission of Canada in Abuja, the Deputy High Commission of Canada in Lagos, and the Consulate of Canada in Port Harcourt offer consular services in Nigeria.

Online applications are typically encouraged these days given we are living in a digitised era. However, you may have to visit the consulate in person for a biometrics or a visa interview even if you apply online.

Take a Survey and Confirm Your Eligibility

Before starting with your TRV application, please always check and confirm that you are eligible for the visa.

Please go to the Government of Canada website > click on the ‘Immigration’ tab > click on ‘Visit’ > click on ‘Find out if you need a visa’. You will be directed to a survey.

If you are deemed eligible for a TRV after taking the survey, you will be redirected to the instructions on how to apply. You will also be provided with a reference code and a checklist of what you have to do to apply online. Please save the reference code.

Create an Account and Submit Your Application

Open an account on the Government of Canada website, using either your bank account details or through a Government of Canada login (GCKey). Use the reference code to access your answers to the survey you have already taken and the forms you need to fill out.

Wait for Visa Processing

It may take up to five days for your application to show up on the account you have created. Post that, the Canadian consulate will start processing your visa application.

At this stage, they may invite you for a visa interview and/or to give your biometric information if they consider it necessary.

Attend Visa Interview and/or Provide Biometrics Information

Please attend the visa interview at the scheduled time, and respond to the consular officer’s questions to the best of your knowledge. Any misinformation or incomplete/insufficient data may hamper your visa application significantly. Please provide your biometrics information if required.

Send Passport for Stamping After Visa Approval

The visa approval notification will show up on your online account. The consulate may also let you know about your visa approval status once your interview is complete. After the approval, you will have to submit your passport for visa stamping and processing.

At this stage, you will have to pay your visa processing fees as well. If you have had an online application, then the consulate will email you the instructions regarding where to mail your passport. You must send your passport via mail along with the processing fees and payment for a return envelope.

If your visa is approved after your interview, you will hand over your passport to the consular and pay your fees there.

The consulate may take a few days to process your passport, stamp it with your visa, and return it to you via mail.

Timeline

The TRV processing time may take from a few weeks to a few months. No one can predict how much time it will take the consulate to process your particular visa application. Incomplete or insufficient forms or supporting documentation may further increase the processing time.

Please consider speaking to an immigration expert to ensure your application and supporting documentation meet the consulate requirements. We have an application checking service in place where we check every detail of your application, ensuring all the required documentation and evidence is present. Call us today on  +2342013306361  or on +44 (0) 3316300929 to find out more.

Fees

The TRV application fee is CAD 100. An additional CAD 85 will need to be paid if you have to give your biometric information. Once your visa is approved, you will have to pay CAD 45 for the passport processing.

Required Documents for Temporary Resident Visa

To apply for a TRV, all foreign nationals must complete, sign and date, and submit the following Immigration, Refugees and Citizenship Canada (IRCC) forms (unless otherwise stated):

• Application for TRV (Form IMM 5257)
• Family Information (Form IMM 5707), for those aged 18 years or older

Other forms that you might need to submit if they are applicable in your case are:

• Statutory Declaration of Common-law Union (Form IMM 5409); please refer to your concerned consulate office
• Use of a Representative (Form IMM 5476), only if you are using the services of a representative or are appointing or cancelling a representative
• Authority to Release Personal Information to a Designated Individual (Form IMM 5475), only if you are authorising IRCC and the Canada Border Services Agency (CBSA) to release information from your case file to someone other than yourself

Necessary supporting documentation will include:

• A valid passport with at least one blank page that is not the last page of the passport
• Court documents proving the applicant has no criminal records
• Proof of funds to cover their stay in Canada
• Prove that their stay in Canada is temporary and they intend to return to their home country
• Certified English or French translated copies of all required documents (if they are in a different language)
• Any other supporting documents depending on the reason mentioned for travel, such as travel itinerary or invitation letter from family or friends

Please note that the above list is not exhaustive. The Canadian consulate may ask you to submit other supporting documents that will vary on a case-to-case basis.

Do I Need to Cover the Healthcare Costs Related to Childbirth in Canada?

You will have to pay for all medical bills and other costs associated with the childbirth out of your own pocket since you are not a Canadian citizen or permanent resident. You cannot claim medical and social benefits available to Canadian women giving birth.

Do I Become a Canadian Citizen If My Child Is Born in Canada?

No. Your newborn will obtain Canadian citizenship automatically if you give birth in Canada, but that won’t grant you Canadian citizenship or permanent resident status. You cannot stay in Canada after giving birth as permanent residents, apply for citizenship, try to claim social benefits available to a Canadian resident, or apply for government documents.

In most cases, the foreign national mothers return to their home country with the child if they don’t already have permanent residency or a Canadian citizenship.

However, since your child is born in Canada, they can come back to Canada after they are 18 and stay in the country as citizens, and enjoy all benefits available to Canadian citizens.

How Long Can I Stay in Canada after Childbirth?

You can stay in Canada as long as your TRV allows you to stay. Keeping that in mind, please plan your travel accordingly so that you can stay in the country even after your release from the hospital post childbirth, to become physically fit for travel to your home country.

How Can I Apply for a Canadian Passport for My Newborn?

As your child becomes a Canadian citizen as soon as they are born on Canadian soil, you can apply for their Canadian passport while in the country. You can also apply for their Canadian passport once you are back in Nigeria.

To apply for the said passport, you need to provide proof of child custody, proof of parentage and proof of your child’s Canadian citizenship i.e. the birth certificate.

A child passport is valid for a maximum of 5 years. You can’t renew a child passport. When the child turns 16, they can apply for a new adult passport. Until then, you need to apply for a new child passport when it expires.

How Can IAS Help?

The TRV application is a fairly simple process, even if you are seeking the visa with the intent to give birth in Canada. However, please confirm your eligibility and arrange all necessary documentation before you proceed to apply for a TRV. You need to get it right at the first try since time is of utmost importance when you are intending to give birth in Canada.

IAS can help. We have an office in Nigeria as well as a team of lawyers in the US. To date, we have helped several Nigerians with their different types of Canadian visa application and immigration advice.

Our team of sympathetic immigration lawyers have the required expertise to assist you, regardless of your personal circumstances or the complexity of your case.

Whether you’re looking for assistance with TRV for giving birth in Canada, unsure of how to go through the application process, need more advice on how to arrange for the necessary documents to support your visa application, or simply need overall advice regarding your immigration case, we are here to help you.

To know more about the services we provide and how we can help you, please reach out to a member of our team today. Call us on +2342013306361 if you are in Nigeria or +44 (0) 3316300929.