Parent of a Canadian-Born Child Without Status: Can You Apply for H&C? (2026)
The short answer: A child born in Canada is generally a Canadian citizen, but the official sources we reviewed do not say this gives the parent immigration status. A parent without status may be able to ask for H&C consideration under section 25(1) of the Immigration and Refugee Protection Act (IRPA), which requires the Minister to take into account the best interests of a child directly affected. The child's best interests are an important factor, but they are weighed with everything else, and nothing is automatic.
Does my child's Canadian citizenship give me status?
Section 3(1)(a) of the Citizenship Act says a person is a citizen if they were born in Canada after February 14, 1977. Section 3(2) sets out an exception: it does not apply if, at the time of birth, neither parent was a citizen or permanent resident and either parent was a foreign diplomat, a foreign government representative or employee, or certain international organization staff. IRCC's citizenship certificate guide also says "Not all children born in Canada automatically become Canadian citizens at birth."
That is what the law says about the child. We did not find any IRCC page or provision saying that the child's citizenship gives a parent a status, a permit or a right to stay. If you do not have status, check your own position before relying on your child's. See what an H&C application does and does not give you.
What does the law say about a child in an H&C request?
Section 25(1) of the IRPA says the Minister must examine the circumstances of a foreign national in Canada who applies for permanent residence and is inadmissible or does not meet the Act's requirements. The Minister may then grant status or an exemption if of the opinion that it is justified by humanitarian and compassionate considerations, "taking into account the best interests of a child directly affected."
IRCC's H&C guidance says the child's best interests must be considered for any child (BIOC) directly affected by the decision, and that "The only requirement is that the child must be directly affected." It also says the principle applies to a "Canadian or foreign-born child". The guidance says the assessment is required when the child is under 18 at the time the application is received.
How much weight does a child's best interests carry?
Substantial weight, but not the last word. IRCC's guidance says decision-makers must be "alert, alive and sensitive" to a child's best interests, and that factors affecting children "should be given substantial weight." It also says the best interests of the child are "only one of many important factors" and that this does not mean the child's interests outweigh all other factors.
The Supreme Court of Canada decisions are the source of this approach. As the Federal Court quotes them in Ali v. Minister of Citizenship and Immigration, 2025 FC 13 (paras 8 and 9), Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, at para. 75, says children's interests must be given substantial weight and decision-makers must be alert, alive and sensitive to them. Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61, at para. 35, says the principle is highly contextual and must be applied in a manner responsive to each child's particular age, capacity, needs and maturity. Baker adds that this does not mean children's best interests must always outweigh other considerations (para 75, quoted in Ali at para 8). IRCC's guidance says the same. IRCC also says the overall request must show sufficient and compelling reasons, and that H&C is an exceptional measure.
What officers look at about the child
IRCC's guidance lists elements such as the child's age, dependency on the applicant, establishment in Canada, who the legal custodian is, medical or special needs, the effect on education, and the child's own point of view. It says the list is not exhaustive. It also says the onus is on the applicant to justify the basis of the request, and that the decision-maker may find that the child's best interests "ha[ve] not been sufficiently demonstrated" if the evidence is insufficient.
Evidence often includes:
School: enrolment, report cards, teacher or counsellor letters.
Medical: records, diagnoses, treatment plans, letters from the child's doctors.
Care arrangements: who looks after the child daily, custody or guardianship papers, the other parent's role.
Ties: activities, friendships, family in Canada.
For detail, see best interests of the child, medical evidence and letters of support.
What are the limits?
Not automatic. The child's best interests are weighed with establishment, hardship and other factors. See establishment in Canada.
A child under 18 cannot sponsor a parent. IRCC's parent and grandparent sponsorship page says a sponsor must be "at least 18 years old" and a citizen, permanent resident or registered Indian, and other program rules apply. Check IRCC's page for the full rules.
Whether the child leaves. The IRCC pages we reviewed do not say that a Canadian child is, or is not, required to leave if a parent does. They say officers look at how the decision affects the child, including any danger to the child, whether the child is Canadian or foreign-born. We cannot say what would happen in your family's case.
The cost of leaving is not enough alone. IRCC says the cost and inconvenience of returning to your home country to apply are not sufficient factors.
What about other status problems?
A child's best interests do not remove other issues. If you have a removal order, read H&C and a removal order. If you have a criminal record or other inadmissibility, read criminal inadmissibility and H&C. If your permit expired, see H&C after a permit expires. Also check whether another route fits you, and see the H&C hub.
Who does this affect?
Parents without status whose child was born in Canada
Parents with an expired permit and a school-age child
Single parents raising a child in Canada (see single parents and H&C)
Parents of a child with medical or learning needs
What should you do?
Confirm your child's citizenship documents and your own status and dates.
Check for a removal order, past refusals or inadmissibility.
Gather school, medical and care records for your child.
Keep the focus on your child's real circumstances, not general statements.
Have your situation reviewed before you file.
Parent of a Canadian-born child? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your status and options. Book a case review.
Frequently asked questions
Does having a Canadian child let me stay in Canada?
Not by itself, as far as the official sources we reviewed show. Your child's citizenship is a factor an officer considers under H&C, not a status.
Will H&C be approved because my child is Canadian?
No. The child's best interests are an important factor but are weighed with all others, and IRCC calls H&C an exceptional measure.
Can my Canadian child sponsor me?
Only if the child is at least 18 and meets IRCC's other sponsor rules. A minor child cannot.
Is a child's best interests always assessed?
IRCC says it must be considered for a child under 18 who is directly affected by the decision.
Can I apply if I have a removal order?
It depends on the facts and a removal order carries its own rules. Get advice first.
Key takeaways
A Canadian-born child is generally a citizen, but we found no source saying this gives the parent status.
Section 25(1) of the IRPA requires consideration of the best interests of a child directly affected.
Those interests carry substantial weight but are not decisive on their own.
Evidence about school, health and care matters.
Check removal orders and inadmissibility early.
The bottom line
Your child's citizenship matters in an H&C request, but it is one factor, not a right to stay. Build a clear, honest record of your child's life and get your own status issues reviewed first.
Questions about your situation? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation. Book a case review.
Last reviewed: November 2026
Sources: IRCC, Humanitarian and compassionate considerations; IRCC, Humanitarian and compassionate assessment: Best interests of a child; Immigration and Refugee Protection Act, s. 25; Citizenship Act, s. 3; IRCC, Citizenship certificate guide (CIT 0001); IRCC, Sponsor your parents and grandparents: eligibility; Federal Court, Ali v. Minister of Citizenship and Immigration, 2025 FC 13 (discussing Baker and Kanthasamy).
This article provides general information only. It is not legal advice and does not create a client relationship. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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