Custodianship Declaration for a Minor Studying in Canada | Free Template

Canadian officials place a strong emphasis on the safety and well-being of minor international students studying in Canada without legal guardians. This declaration is submitted as part of a study permit application to ensure minor students remain safe during their studies.

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: This 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: This form is part of the study permit application for minors coming to Canada without an accompanying parent or legal guardian. Without it, Canadian immigration officers will not issue a study permit.
• Providing accountability: This declaration makes clear who’s legally responsible for the student’s care, bridging the gap between the parents abroad and the Canadian custodian.

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.

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 18 or older may not always need a custodian, immigration officers can still require one in certain cases.

Note: Being named a custodian doesn’t grant any immigration status, rights, or benefits.

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 emergency situations.

Who Can Be a Custodian for a Minor Student’s Canadian Study Permit?

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 may result in immigration consequences (like permit refusal) and affect future applications for students and custodians.

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.

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.

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.

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 are:

• attending pre-school, kindergarten, or primary/secondary school with a parent who’s a Canadian citizen or permanent resident;
• a child of refugees or refugee claimants;
• in Canada as a visitor for a course or program lasting six months or less;
• • You must complete the program within a six-month period. You cannot spread it out over a longer timeframe by accumulating six months’ worth of hours.
• have a parent who is authorized to work or study in Canada, including temporary residents holding work or study permits; or
• are children of individuals authorized to work in Canada without a work permit (e.g., children of diplomats).

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

Parent/Guardian 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

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)

• The custodian fills out their personal information, Canadian address, and declaration of responsibility.
• This part must be signed and commissioned in Canada.

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.

Note: When downloading the Custodianship Declaration, save it to a computer and open it with a full PDF viewer (e.g., Adobe). This helps to ensure all fields display and print correctly.

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 academic and financial well-being.
• Shows that the student is of good character and will be a good addition to Canadian society during their studies.
• Provides immigration officers with more details about how studying in Canada will benefit the student’s future.

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 Identification
• Custodian’s Proof of Identity
• Custodian’s Proof of Legal Status
• Custodian’s Proof of Address
• Proof of Relationship Between the Custodian and Student (if applicable)

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 Custodianship Declaration Form online in just 7 minutes, from anywhere in Canada.

To learn more about the commissioning process, check out our guide on Finding a Commissioner of Oaths Near You.