The birth of a child during the immigration process is a common situation among applicants for permanent residence (PR) in Canada. However, if the child is born on Canadian soil, they automatically acquire Canadian citizenship in accordance with the Citizenship Act. Consequently, the process of adding information about such a child to your PR application requires particular attention to avoid legal risks or delays in your case processing.
This material provides a detailed explanation of the proper steps to add information about a Canadian-born child to your PR application, including which documents to submit, which forms to complete, and which common mistakes may negatively affect your immigration process.
Legal Requirements and the Obligation to Disclose Information About Your Child
In accordance with Section 10(2)(a) of the Immigration and Refugee Protection Regulations (IRPR), applicants are required to disclose complete and accurate information about all family members within their immigration application, including those who are Canadian citizens.
Failure to provide information about your child, even if they are a Canadian citizen and do not require permanent residence status, may be considered misrepresentation. This can result in serious legal consequences, including refusal of your application or even inadmissibility to Canada.
Which Documents and Forms Are Required
Applicants must clearly understand which forms are applicable to a Canadian-born child:
- Form IMM 0008 (Generic Application Form for Canada)
This form applies only to individuals who are applying for or are eligible to apply for permanent residence. Children born in Canada, who are automatically Canadian citizens, must not be included in this form. Including them by mistake may trigger unnecessary requests for medical examinations, biometrics, and other documentation, causing delays in case processing. - Form IMM 5406 (Additional Family Information)
As required by IRCC, you must list your child in this form as a family member, even if the child holds Canadian citizenship. This ensures the completeness and transparency of your family information in the immigration process. - Supporting Documents for the Child
You must include your child’s Canadian birth certificate, issued by the relevant provincial or territorial authority, and, if available, the Canadian passport as proof of the child’s citizenship.
When and How to Notify IRCC About the Birth of a Child
The steps you need to take depend on when your child was born in relation to your immigration application:
- If the child was born before submitting your PR application
Include your child’s information in Form IMM 5406 from the outset and submit the birth certificate along with your application package. - If the child was born after submitting your PR application but before a decision is made
You are required to immediately notify IRCC of the change in your family composition, update Form IMM 5406, and submit the child’s documents confirming birth and Canadian citizenship.
These actions are consistent with the legal obligation to act in good faith and help avoid allegations of concealing information.
Practical Recommendations
- Carefully review all information in your immigration file to ensure accuracy, particularly if changes to your family composition have occurred during processing.
- Do not attempt to include a Canadian-born child in Form IMM 0008, as this will result in avoidable delays and potentially incorrect document requests from IRCC.
- Prepare all required supporting documents in advance, including your child’s birth certificate and passport, to ensure prompt submission if requested.
- Comply with Canadian immigration requirements by listing all family members, even those who do not require PR status, to safeguard your future eligibility for family sponsorship.
Conclusions
The birth of a child in Canada during the immigration process requires clear and legally sound action from the applicant. Although the child automatically acquires Canadian citizenship and is not eligible to be listed as a dependent applying for PR, their details must be disclosed in Form IMM 5406.
Failure to comply with this requirement may be considered misrepresentation and significantly jeopardize the success of your immigration case.
To avoid risks:
- Notify IRCC promptly about the birth of your child.
- Submit all required supporting documents without delay.
- Follow Canadian immigration law regarding the accuracy and completeness of your application.
Providing correct and complete information about your Canadian-born child is not merely a formality — it is a critical legal step toward the successful finalization of your permanent residence process.
