Custodianship for students in Canada

Custodianship for Students in Canada

Introduction

Canada is a leading destination for international students due to its high-quality education system, cultural diversity, and reputation for safety and inclusion. Every year, thousands of students from around the world arrive in Canada to attend secondary and post-secondary institutions. Many of these students are minors — under 18 or 19 years old, depending on the province — and Canadian law mandates that minors who are not accompanied by a parent or legal guardian must have a custodian in Canada.

Custodianship is a legal and practical arrangement that ensures international students have responsible adult supervision during their studies. This report explores the concept of custodianship in Canada, the legal requirements, roles and responsibilities of custodians, common custodianship arrangements, the challenges involved, and a review of leading custodianship service providers.

---

1. What is Custodianship for Students in Canada?

Custodianship in Canada refers to a legal guardianship arrangement for international students who are minors and studying without a parent or legal guardian. A custodian is a Canadian resident who is at least 19 years old (18 in some provinces) and has been entrusted with the responsibility for the minor student’s care and well-being while in Canada.

The custodian acts in loco parentis (in the place of a parent) and is the first point of contact in emergencies or when important decisions about the student must be made.

---

2. Legal Requirements: Custodianship for Students in Canada

2.1 Immigration, Refugees and Citizenship Canada (IRCC)

For minor international students to obtain a study permit, the IRCC requires proof of custodianship if the student is under the legal age of majority in their province of study. This proof includes two notarized Custodianship Declaration forms:

1. Declaration by the Custodian (Part One) – completed and notarized in Canada.

2. Declaration by the Parents/Legal Guardians (Part Two) – completed and notarized in the student’s home country.

These documents are submitted as part of the student’s study permit application.

2.2 Provincial Age of Majority

---

3. Roles and Responsibilities of a Custodian: Custodianship for students in Canada

A custodian has both legal and practical responsibilities. These include:

3.1 Legal Duties: Custodianship for Students in Canada

• Signing legal and school documents on behalf of the student’s parents.

• Ensuring the student complies with visa and school regulations.

• Representing the student in case of emergencies, such as illness, injury, or disciplinary issues.

3.2 Practical Support; Custodianship for Students in Canada

• Communicating with the student’s school regularly.

• Being available 24/7 in case of emergencies.

• Ensuring the student has appropriate living arrangements.

• Acting as a liaison between the school and the parents.

A custodian is not expected to assume full parental responsibility but must be available for support and decisions when the need arises.

---

4. Who Can Be a Custodian?

A custodian must be: Custodianship for Students in Canada

• A Canadian citizen or permanent resident.

• Over the age of majority in the relevant province.

• Residing close enough to the student to be accessible in an emergency.

• Trusted by the student’s parents and willing to accept the responsibilities.

Some parents may choose a relative, family friend, or professional custodianship service.

---

5. Types of Custodianship Arrangements: Custodianship for Students in Canada

5.1 Family-Based Custodianship for students in Canada

• Often involves a relative or friend who lives in Canada.

• Typically more personal and emotionally supportive.

• Legal documentation and notarization still required.

5.2 School-Assigned Custodianship for students in Canada

• Some private and public schools offer custodianship as part of their international student programs.

• Provides convenience and integration with the school system.

• May be included in tuition or offered as an optional service.

5.3 Professional Custodianship Services: Custodianship for Students in Canada

• Paid service provided by companies specializing in student care.

• Offers legal documents, 24/7 emergency support, and regular student check-ins.

• Often paired with homestay placement and travel support.

• Ideal for students without personal connections in Canada.

---

6. Choosing Custodianship for students in Canada

When selecting a custodian, families should consider:

• Proximity to the student’s school or home.

• Availability during emergencies and for communication.

• Experience in handling minors and working with schools.

• Language skills for communication with parents.

• Reputation and references.

For professional services, it’s important to look for:

• Membership in industry associations (e.g., CAPS-I, Languages Canada).

• Background checks and child protection policies.

• Transparency in pricing and services offered.

---

7. Cost of Custodianship for Students in Canada

The cost varies widely depending on the level of service and region. Typical fees include:

Professional custodianship is often bundled with homestay or guardianship packages.

---

8. Reputable Custodianship Providers in Canada

8.1 The Custodian Canada

• Specializes in legal custodianship documentation and ongoing student support.

• Offers French and Mandarin language services.

• Quick turnaround for visa documents.

• thecustodian.ca

8.2 Student Homestay and Accommodation Canada

• Offers both homestay and custodianship services.

• Has a strong network of trained staff and host families.

8.3 IEC Immigration

• Long-standing network with schools across Canada.

• Offers full-service custodianship and emergency response.

---

9. Challenges and Considerations: Custodianship for students in Canada

9.1 Distance and Availability

• A custodian must be close enough to assist quickly in emergencies.

• Remote or unavailable custodians can put students at risk.

9.2 Legal Liability: Custodianship for Students in Canada

• Custodians take on significant responsibility and potential legal liability.

• It's essential to have clear agreements and expectations in writing.

9.3 Misunderstandings with Parents

• Cultural and language differences may lead to confusion about roles.

• Regular communication between parents and custodians is key.

9.4 Confusion Between Homestay and Custodianship for Students in Canada

• Homestay hosts are not automatically custodians unless legal documents are completed.

• Both roles are important but legally distinct.

---

10. Best Practices for Parents and Students

• Start early: Apply for custodianship at least three months before the study permit application.

• Ask questions: Clarify what services are included (e.g., school visits, travel coordination).

• Use reputable providers: Avoid informal arrangements that lack legal standing.

• Stay in touch: Maintain regular communication with the custodian and student.

• Keep documents: Store all notarized documents, contracts, and emergency contact info securely.

---

11. Testimonials: Custodianship for Students in Canada

Parent from Brazil:
"We used IEC Immigration for our daughter in Toronto. The custodian attended the parent-teacher meetings and kept us informed. It gave us peace of mind while she studied far from home."

Student from South Korea:
"My custodian helped me find a doctor when I got sick and helped explain things to my teacher. It was like having a second family in Canada."

---

Conclusion

Custodianship is a cornerstone of international student welfare in Canada. It ensures that minors studying away from their parents have a responsible adult to support, protect, and advocate for them. While the legal requirement is clear, the actual care and guidance offered by custodians can make a profound difference in a student’s Canadian experience.

Whether arranged through family, school, or a professional service, a good custodian plays a critical role in student safety, academic success, and emotional well-being. For parents and students, investing time in selecting a trustworthy, capable custodian is essential to making the most of Canada's educational opportunities.

In case, if you need help with Custodianship for Students in Canada, please fill in application below or contact us directly.