Custodians for Minor International Students

Author: Al Parsai

Last Updated on: July 13, 2024

Jane, an unmarried mother from Texas, has three kids. Emily, her oldest child, is 12 years old. Jane plans to send Emily, her oldest child, to Canada for two years of French immersion. Jane was initially overwhelmed by the whole process. She learned that in Canada, a custodian was required for minors to study alone. Curious and eager to ensure her daughter’s well-being, Jane wants to learn more about custodianship. She wants to know the requirements and responsibilities. It is difficult to move to a foreign country, but Jane wants to give Emily the best chance.

Introduction to Custodianship

A custodian in Canada is an adult who takes care of and supports a minor student from another country. This person must be either a Canadian citizen oder permanent resident and at least 19 years old. Custodianship involves ensuring the child’s safety, well-being, and academic progress.

Guardian vs. Custodian

A guardian is legally appointed to manage a minor’s affairs and well-being. This role is broader than custodianship and covers legal, financial, and personal decisions.

The Ontario Children’s Law Reform Act details guardianship laws. In contrast, the British Columbia Family Law Act outlines similar responsibilities. Other provinces also have different laws that govern the requirements for guardianship.

Differences Across the Country

Custodianship requirements vary across provinces. Some provinces, like Alberta and Manitoba, may have custodian residency requirements. Additionally, Quebec may have language requirements. It’s important to check the specific provincial regulations for details.

Requirements for Custodians

Different authorities, including IRCC and school boards, have specific requirements for custodianship. Consequently, you must meet both the requirements of IRCC and the destination school board.

IRCC Requirements

The Immigration, Refugees and Citizenship Canada (IRCC) mandates that a custodian must be a Canadian citizen or permanent resident. They must be at least 19 years old and provide a notarized Custodianship Declaration (IMM 5646) signed by the parents or legal guardians in the country of origin and the custodian in Canada.

School Board Requirements

School boards across Canada may have additional requirements for custodians. Here is a comparison of requirements from various school boards:

For more detailed information, refer to the school board websites or the IRCC custodianship page. Moreover, sometimes, you must fill out two separate custodianship forms: one for the school board and the other for IRCC.

Scenarios Requiring a Custodian

A custodian is a must if a minor child arrives in Canada without a parent or legal guardian to study. In cases where the minor is between 17 and the age of majority, an immigration officer may require a custodian based on the child’s circumstances. Additionally, some schools or provinces may have specific requirements for custodianship, even if the minor is over 17.

Selecting a Custodian

Selecting a custodian involves several important criteria. First, according to the immigration authorities, the custodian must be a Canadian citizen or permanent resident aged 19 or older. The custodian should live near the student’s residence and school to provide timely support. Experience with international students and familiarity with local education systems are also beneficial.

Parents must complete the Custodianship Declaration Form (IMM 5646) to appoint a custodian. The custodian in Canada and the parents in the home country must sign and notarize the form. The completed form is then submitted with the study permit application. This formal process ensures legal and responsible custodianship.

Impact on study permits

Minor international students generally need a study permit to enroll in Canadian schools. A custodian’s involvement can influence the study permit application process. If a minor is under 17, the application must include the Custodianship Declaration Form. Without a custodian, officers will refuse the application.

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Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor – Queen’s University – Faculty of Law
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada

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