March 30, 2012

Separate Fact from Fiction

Posted by admin - Bellissimo Law Group PC

Is the One Million $Dollar$ Baby Born in BC “Canadian”?

A premature baby born to an Australian couple in British Columbia totalled one million dollars in health costs.  Is the baby a Canadian citizen?  If so why are the medical costs not covered? Separate fact from fiction as this child is a Canadian Citizen!

 Piper Kan acquired Canadian citizenship once born in Canada pursuant to s. 3(1)(a) of the Citizenship Act; granted of course that John Kan and Rachel Evans were not employed as foreign diplomats.  An immigration officer can deny entry into Canada if an applicant shows signs of a late term pregnancy (6 months and over).

 Canadian citizens are obviously eligible for medical coverage under the Medical Services Plan (MSP) in B.C., provided they make their home in B.C. and are physically present there for at least six months in a calendar year.  Certain other individuals, such as some holders of study and/or work permits, or working permits are deemed to be residents; however tourists or visitors to B.C. do not qualify.

 Given the hefty $1 million bill for health care without MSP coverage, a little hard work and persistence may pay off. We spoke with an enrollment specialist with the MSP, who indicated that it is up to the Ministry of Health to determine if an individual gets MSP.  The parents would have to apply or submit a request which would then be investigated by the Ministry and then a determination would be made.  The determination can change if new information is provided to the Ministry (however there is no definitive time line).

Minister Jason Kenney is in the process of trying to change the laws. I.e.: making pregnancy examinations mandatory for obtaining visas and amending legislation so that citizenship is not automatic upon being born on Canadian soil. It’s important to differentiate between proposed changes and those already in effect. Much of what you read in news stories is speculation and people tend to make that mistake often. It is important to be careful about where you are getting your information. Contact us today to learn what is real and what is just rumor!