Custodianship for Admission to School in Canada

Introduction: Custodianship for Admission to School in Canada

Canada is among the top destinations for international education, attracting thousands of students annually to its high-quality primary and secondary school systems. However, students under the age of majority—which varies between 18 and 19 depending on the province or territory—face specific legal and procedural requirements before they can study in Canada. Chief among these is the requirement for custodianship.

Custodianship is not merely a bureaucratic formality—it is a legal obligation that ensures the safety, welfare, and oversight of minor international students who are studying without a parent or legal guardian in Canada. This report examines custodianship as it relates specifically to admission to schools, including public, private, and independent schools across Canada.

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1. Legal Definition of Custodianship in Canada

1.1 Federal Perspective:

According to Immigration, Refugees and Citizenship Canada (IRCC), a minor child who comes to study in Canada must have a custodian if they are not accompanied by a parent or legal guardian. This requirement is enforced at the federal level through the study permit process.

1.2 Provincial Variations

The age of majority differs by province:

Minors below this age require a Canadian custodian approved and documented at the time of school admission and visa application.

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2. Why Custodianship Is Required for School Admission

2.1 Legal Protection

Minors are not legally able to make significant decisions independently, such as:

• Signing contracts (e.g., school enrollment)

• Making medical decisions

• Living alone without supervision

A custodian ensures these responsibilities are legally covered.

2.2 Immigration Compliance: Custodianship for Admission to School in Canada

Without proper custodianship documentation, a study permit may be refused. IRCC requires that all minor applicants submit a Custodianship Declaration Form (IMM 5646), which becomes a key element in the school admission package.

2.3 Institutional Policy

Most Canadian schools require custodianship before issuing a Letter of Acceptance (LOA), a document needed for a study permit. Schools want to ensure that:

• Students will be supervised

• There is a contact person for emergencies

• Parents abroad are supported locally

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3. Who Needs a Custodian?

Required:

• Students below the age of majority

• Students not living with a parent/legal guardian

• Students attending primary or secondary schools

Not Required: Custodianship for Admission to School in Canada

• Students above the age of majority

• Students living with their parents in Canada

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4. The IMM 5646 Custodianship Declaration Form

The IMM 5646 is a mandatory federal document required by IRCC for minor students.

Form Structure:

1. Page 1: Custodian's Declaration

   • Completed and signed by the custodian in Canada

   • Must be notarized by a Canadian notary public

2. Page 2: Parents' Declaration

   • Completed and signed by both parents or legal guardians

   • Must be notarized in their home country

Submission:

• Required for study permit application

• Must be shared with the school for registration

• Originals may be required at school orientation or border inspection

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5. Who Can Act as a Custodian?

A custodian must meet certain eligibility criteria:

Basic Requirements:

• Must be 18 years or older

• Must be a Canadian citizen or permanent resident

• Must reside near the student’s school

• Must be available 24/7 for emergencies

Common Custodians: Custodianship for Admission to School in Canada

• Relatives (uncle, aunt, cousin)

• Family friends

• Homestay hosts

• Professional custodian agencies

Some schools maintain a list of approved custodians or agencies that they trust and frequently work with.

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6. Types of Custodianship Arrangements

6.1 Family Custodianship for Admission to School in Canada

This is the most natural option if family members are already in Canada.

Pros: Familiarity, trust
Cons: May lack experience with school and legal systems

6.2 Homestay Custodianship for Admission to School in Canada

The custodian is also the host. Often arranged through the school or agencies.

Pros: Daily supervision
Cons: Requires clear boundaries and expectations

6.3 Professional Custodianship for Admission to School in Canada Agencies

Specialized companies offer full custodianship services, including:

• Emergency response

• Legal document handling

• Reporting to parents and schools

Pros: Reliable, professional, multilingual support
Cons: Typically costs CAD $1,500 to $3,000 annually

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7. Custodianship and the School Admission Process

Step-by-Step Overview:

1. Select a School

   • Public or private, ensure it is a Designated Learning Institution (DLI)

2. Apply to the School

   • Submit transcripts, passport, and other documents

3. Designate a Custodian

   • Identify and confirm a custodian

4. Complete IMM 5646: Custodianship for Admission to School in Canada

   • Both pages must be completed and notarized

5. Submit to the School

   • School may require this before issuing LOA

6. Apply for Study Permit

   • Submit LOA and custodianship form to IRCC

7. Receive Visa and Confirm Housing

8. Arrival in Canada and Orientation

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8. Role and Responsibilities of the Custodian

Legal Duties:

• Consent to medical treatment

• Attend parent-teacher meetings

• Liaise with schools on student progress or issues

Welfare and Emergency: Custodianship for Admission to School in Canada

• Provide emergency support

• Ensure the student has access to basic needs

• Offer guidance on safety, health, and social integration

Documentation: Custodianship for Admission to School in Canada

• Maintain records of communication

• Sign legal forms or school documents

• Assist with health insurance and travel issues

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9. Housing and Custodianship Link

Custodianship is closely tied to housing. Schools want assurance that the minor is living in a safe, supervised environment.

Housing Options:

• Living with custodian

• Living with homestay host (may or may not be custodian)

• Boarding school residence

• Apartment (rare and usually only allowed with special permission)

Custodians are often required to inspect or approve student housing.

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10. School Policies and Expectations: Custodianship for Admission to School in Canada

Required Documents:

• IMM 5646 form

• Custodian ID and proof of residence

• Contact details

• Medical consent letter

Parental Engagement:

Many schools require custodians to:

• Report to parents monthly

• Participate in school meetings

• Help manage school attendance and discipline issues

Some schools provide orientation sessions specifically for custodians.

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11. Changing Custodians: Custodianship for Admission to School in Canada

Custodianship changes may be necessary if:

• The custodian relocates

• Conflict arises between custodian and student/family

• The student transfers schools or cities

Process: Custodianship for Admission to School in Canada

1. Appoint new custodian

2. Complete new IMM 5646

3. Notify the school

4. Submit updated documents to IRCC

5. Inform old custodian in writing

Some schools and agencies require a 30-day notice period.

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12. Common Challenges

Uninformed Custodians

Many family-appointed custodians don’t understand their legal responsibilities.

Solution: Schools should provide custodian training or info packs

Communication Gaps : Custodianship for Admission to School in Canada

Parents overseas may struggle to stay informed.

Solution: Custodians should commit to regular updates via email, phone, or video calls

Legal Conflicts: Custodianship for Admission to School in Canada

Medical decisions or disciplinary issues may lead to confusion.

Solution: Use a written custodianship agreement outlining powers and responsibilities

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13. Best Practices for Parents

• Select a custodian with local knowledge and availability

• Confirm understanding of duties via a written agreement

• Stay in touch regularly with the custodian and school

• Reevaluate the arrangement annually

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14. Best Practices for Schools: Custodianship for Admission to School in Canada

• Vet custodian documentation thoroughly

• Offer support and orientation to new custodians

• Maintain a contact database for emergency outreach

• Encourage collaboration between custodian, student, and parents

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15. Summary Table: Custodianship for Admission to School in Canada

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Conclusion

Custodianship is a cornerstone of the admission process for minor international students in Canada. It serves not only as a legal requirement but as a protective mechanism that ensures young students are cared for, supervised, and supported during their educational journey in a foreign country. For parents, selecting the right custodian is one of the most important decisions. For schools, having clear custodianship policies ensures accountability and the well-being of their international student population.

Whether through family arrangements, homestay integration, or professional agencies, effective custodianship builds a bridge of trust and support—ensuring student success academically, socially, and personally in Canada.

In case, if you need help with Custodianship for Admission to School and study permit in Canada, please fill in application below or contact us directly.