What is a Custodianship Declaration in Canada?
The Custodianship Declaration Form (IMM 5646) is a two-page legal document recognized by Immigration, Refugees and Citizenship Canada (IRCC). It’s mandatory for international students who are minors (under 18 or 19) and looking to study in Canada without their parents or guardians. This form is one of the documents required for a Canadian study permit application.
Minor children under 17 cannot study in Canada alone. They must either be accompanied by a parent or legal guardian, or have a custodian appointed in Canada. This document formalizes the custodianship arrangement between a minor’s parents or legal guardians and their child’s appointed custodian in Canada.
It also assures Canadian officials that a student will receive proper care, support, and supervision while studying in Canada.
Purpose of a Custodianship Declaration For Minors Studying in Canada
Canadian officials place a strong emphasis on the safety and well-being of minor international students studying in Canada without legal guardians. Since the parents or legal guardians remain in the child’s home country, the form ensures that a responsible custodian in Canada is appointed.
In addition, a Custodianship Declaration serves several other important purposes:
- Protecting the student’s welfare: The declaration provides reassurance to Canadian authorities that proper arrangements have been made for housing, support, and supervision.
- Establishing legal responsibility: By signing, the custodian in Canada accepts responsibility for the minor’s safety, while parents confirm their consent to this arrangement.
- Meeting immigration regulations: The form is a mandatory part of the study permit application for minors. Without it, Canadian immigration officers will not issue a study permit.
- Providing accountability: The declaration makes clear who’s legally responsible for the student’s care, bridging the gap between the parents abroad and the Canadian custodian.
What Is Custodianship?
Custodianship is a legal arrangement required by Canadian immigration authorities when a minor international student studies in Canada without a legal guardian. It ensures that a responsible adult in Canada is appointed to care for the student’s safety and well-being.
A custodian must be a Canadian citizen or permanent resident, at least 19 years old, and must sign a Custodianship Declaration Form. This declaration is submitted with the student’s study permit application.
Custodianship provides parents with peace of mind and gives Canadian authorities legal assurance that a minor student has proper care and supervision.
Guardian vs. Custodian
It is important to note that custodianship is not the same as guardianship.
- A guardian is legally appointed to manage a minor’s overall affairs, including legal, financial, and personal decisions.
- A custodian, on the other hand, has a more limited role focused on daily care, emergency decisions, and school-related matters during the student’s stay in Canada.
Who is a Custodian?
A custodian is a responsible adult legally recognized by Canadian immigration authorities to care for and support a minor student. This role is required when the student’s parents or guardians remain outside Canada.
The custodian acts in loco parentis (in place of a parent), ensuring the minor’s welfare, safety, and supervision during their studies. While minors aged 17 or older may not always need a custodian, immigration officers can still require one in certain cases.
Legal Requirements to Be a Custodian
To qualify as a custodian in Canada, the individual must meet the following criteria:
- Canadian status – Must be a Canadian citizen or permanent resident.
- Age requirement – Must be at least 19 years old.
- Location – Should live close to the student’s school and residence to provide immediate support.
- Availability – Must be able to act on behalf of the parents in emergencies.
Who Can Be a Custodian for a Minor Student on Study Permit in Canada?
A number of people can act as a custodian, the role is not limited to family members. A custodian can also be one of the individuals below:
- Relatives or close family friends
- Homestay hosts offering accommodation and care
- Professional custodianship agencies specializing in international student support
- A pre-approved custodian from a Canadian school
Some Canadian schools provide a list of pre-approved custodians, while others require parents to arrange one independently
Responsibilities of a Custodian
A custodian’s role is more than basic supervision. They act as the student’s parent representative in Canada. Failure to meet these obligations can have serious legal consequences and may also affect future applications for both the student and custodian.
Key responsibilities include:
- Provide 24/7 emergency support.
- Communicate with teachers, schools, and parents regularly.
- Assist with academic, behavioural, or personal challenges.
- Ensure the student’s living arrangements are safe and appropriate.
- Seek parental consent for travel outside the province or Canada.
Who Is Considered a Minor Child?
In Canada, the definition of a minor child depends on the age of majority, which is set by each province and territory. Anyone under the age of majority is legally considered a minor.
- In Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan, the age of majority is 18.
- In British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon, the age of majority is 19.
Obtaining a Study Permit for a Minor Studying in Canada
If your child is planning to study in Canada for more than six months, they need a study permit. For shorter programs of six months or less, a study permit isn’t mandatory. However, many parents still choose to apply to simplify enrollment.
Applying for a Study Permit from Outside Canada
When applying from outside Canada, minor children must secure a study permit before arriving. This includes children coming with parents who are applying for their own work or study permits.
Applying for a Study Permit While Already in Canada
Minor children who are already in Canada may still need a study permit in some provinces or territories, particularly to access social services.
They may, however, study without a permit if they fall under these situations:
- Attending pre-school, kindergarten, or primary/secondary school with a parent who is a Canadian citizen or permanent resident
- Children of refugees or refugee claimants
- Entered Canada as visitors for a course or program lasting six months or less
- Enrolled in a program that is six months or shorter
- In Canada alone with valid visitor status
- Have a parent who is authorized to work or study in Canada, including temporary residents holding work or study permits
- Children of business visitors and others authorized to work in Canada without a work permit
Details to Include in a Canadian Custodianship Declaration
The Custodianship Declaration Form is divided into two sections. Each part must be completed accurately, signed, and commissioned to be legally valid.
Here are the key details included in the form:
Part 1 – To Be Completed by the Custodian in Canada
Custodian Information
- Full legal name
- Canadian address and contact details
- Relationship to the student (if any)
- Statement accepting full responsibility for the student
- Must be signed and commissioned in Canada before a notary public or commissioner of oaths
Part 2 – To Be Completed by the Minor’s Parents or Legal Guardians
Student Information
- Full legal name
- Date of birth
- Citizenship
Parents/Guardians Information
- Names and contact details of one or both parents/legal guardians
- Declaration appointing the custodian
- Must be signed and commissioned in the child’s home country, confirming parental consent to the custodianship arrangement
How to Complete Your Canadian Custodianship for a Minor Studying in Canada
Completing the Custodianship Declaration Form requires careful attention to detail. Each step must be followed correctly to avoid delays in the study permit process.
1. Select a Qualified Custodian
- To meet the legal requirements, a custodian must:
- Confirm their willingness to take on custodial responsibilities.
- Be a Canadian citizen or permanent resident over 19.
- Reside within a reasonable distance from the student in case of emergencies.
- Be available for emergencies.
2. Complete Part One (Custodian Section)
3. Complete Part Two (Parents/Guardians Section)
- Parents or legal guardians provide student and family information, plus a statement appointing the custodian.
- This part must be commissioned in the student’s home country.
4. Submit the Form with the Study Permit Application
- Include both commissioned pages with the minor’s study permit application.
- Keep copies for your records, since schools or immigration officers may request them.
Do You Need a Support Letter for a Custodianship Declaration?
Yes. A Letter of Support is strongly recommended when submitting a Custodianship Declaration Form for a minor’s study permit application. It provides added assurance to immigration officers and strengthens the student’s application.
Why a support letter matters:
- Shows the writer’s commitment to the student’s well-being academically and financially.
- Shows that the student is of good character and will be a good addition to Canadian society during their studies.
- Provides immigration officers more detail about how studying in Canada will benefit the student’s future.
Supporting Documents for Your Custodianship Declaration
Along with the Custodianship Declaration Form, you must submit additional documentation with a study permit application. These supporting materials help immigration officers confirm the custodian’s identity, legal status, and ability to care for the student.
Common supporting documents may include:
- Custodian’s Proof of Identity
- Custodian’s Proof of Address
- Proof of Relationship Between the Custodian and Student (if applicable)
Commissioning a Custodian Declaration for a Study Permit
The IRCC specifically requires that a Custodianship Declaration Form be properly commissioned. Without it, the form will not be legally valid and may result in the refusal of a minor’s study permit application.
Commissioning means signing the form in front of an authorized official, such as a notary public or commissioner of oaths. The official will require you to make an oath or affirmation, confirming that the information in the form is true.
As a custodian, you can commission your Custodian Declaration Form online in just 7 minutes, from anywhere in Canada.
To learn more about the commissioning process, check out our guide on preparing for an online notary appointment.
Draft and Commission Your Custodianship Declaration Today
A Custodianship Declaration Form is an essential requirement for international minor students studying in Canada. It ensures that a responsible custodian is legally recognized to provide care, supervision, and support while the student is away from home. Completing the form accurately, attaching all supporting documents, and having it properly commissioned are crucial steps for a successful study permit application.
With our online notary services, custodians can commission the Custodianship Declaration Form quickly, securely, and conveniently. Book your online notary appointment today and ensure your Custodianship Declaration Form is official and credible.
