Custodianship for students without Homestay in Canada
Custodianship for students without Homestay in Canada: A Comprehensive Guide
Introduction
Canada is a popular destination for international students, including minors, due to its high-quality education system, safe environment, and multicultural society. However, when minors (under 18 years of age in most provinces) come to study in Canada, they must have a custodian. This guide provides detailed information on custodianship for minor students in Canada, including the roles and responsibilities of a custodian, legal requirements, and practical steps to ensure compliance with Canadian regulations.
What is Custodianship for students without Homestay in Canada?
Custodianship is a legal arrangement where an adult, either a Canadian citizen or permanent resident, is designated to act in place of a parent for a minor student studying in Canada. This arrangement ensures that the minor has proper care and supervision during their stay in the country.
Who Needs a Custodianship for students without Homestay in Canada?
Minor students, typically under the age of 18, need a custodian if they are studying in Canada without their parents or legal guardians. The exact age requirement can vary by province:
- Alberta, Manitoba, Ontario, Prince Edward Island, Quebec: Under 18 years of age.
- British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Saskatchewan, Yukon: Under 19 years of age.
Roles and Responsibilities of a Custodian & Custodianship for students without Homestay in Canada
The custodian acts in place of the minor's parent(s) while the minor is in Canada. Responsibilities include:
- Legal Authority: The custodian has the legal authority to make decisions on behalf of the minor in emergencies or situations where parental consent is required.
- Care and Supervision: Ensuring the minor's well-being, including their safety, health, and education.
- Communication: Maintaining regular contact with the minor's parents, school, and other relevant authorities.
- Emergency Contact: Being available as the primary emergency contact for the minor.
- Supporting Documentation: Assisting with the minor's study permit, health insurance, and other essential documentation.
Legal Requirements for Custodianship for students without Homestay in Canada
1. Custodianship Declaration Form
The Canadian government requires the completion of the Custodianship Declaration Form (IMM 5646), which consists of two parts:
- Part 1: To be signed by the custodian in Canada.
- Part 2: To be signed by the parents or legal guardians of the minor in their home country.
Both parts of the form must be notarized to be valid. The form demonstrates that a responsible adult will take care of the minor while in Canada.
2. Eligibility of Custodian & Custodianship for students without Homestay in Canada
The custodian must be:
- A Canadian citizen or permanent resident.
- Over the age of 19.
- Living within a reasonable distance from the minor’s place of residence and school.
3. Proof of Relationship and Status of Custodianship for students without Homestay in Canada
The custodian may need to provide proof of their Canadian citizenship or permanent residency status and any other documentation that demonstrates their relationship to the minor.
Steps to Arrange Custodianship
1. Finding a Custodian & Custodianship for students without Homestay in Canada
Identifying a custodian can be done through:
- Custodianship Services: Professional services that provide custodians for international students ( thecustodian.ca, internationalexperience.ca, etc.)
2. Completing the Custodianship Declaration Form & Custodianship for students without Homestay in Canada
- Step 1: The custodian completes and notarizes Part 1 of the IMM 5646 form.
- Step 2: The parents complete and notarize Part 2 of the IMM 5646 form in their home country.
- Step 3: Both completed and notarized parts of the form are submitted as part of the minor’s study permit application.
3. Submitting the Form for Custodianship for students without Homestay in Canada
The completed and notarized Custodianship Declaration Form must be included with the minor’s study permit application to Immigration, Refugees and Citizenship Canada (IRCC).
Additional Considerations for Custodianship for students without Homestay in Canada
1. Health Insurance
Ensure that the minor has adequate health insurance coverage while in Canada. Some provinces offer health coverage to international students, while others require private insurance.
2. Academic Monitoring
The custodian should regularly monitor the minor’s academic progress and attend parent-teacher meetings when necessary.
3. Cultural Adjustment
Support the minor in adjusting to a new culture and educational system. This includes helping them understand local customs, practices, and school routines.
4. Legal Guardianship vs. Custodianship for students without Homestay in Canada
It is important to distinguish between custodianship and legal guardianship. Custodianship is a temporary arrangement for the minor’s stay in Canada, whereas legal guardianship is a more permanent and legally binding relationship.
Frequently Asked Questions
1. Can a minor change their custodian?
Yes, a minor can change their custodian if necessary. The new custodian must complete and notarize a new Custodianship Declaration Form, and this form must be submitted to the IRCC.
2. What happens if the custodian is unavailable?
If the custodian is temporarily unavailable (e.g., due to travel), an alternate custodian should be arranged to ensure continuous care and supervision of the minor.
3. Is custodianship required for minors attending summer school programs?
Yes, custodianship is required for all minors studying in Canada, regardless of the duration of their study program.
Case Studies
Case Study 1: Sarah’s Experience
Sarah, a 16-year-old student from China, was accepted into a high school in Toronto. Her parents found a custodian through a professional service recommended by friend. The custodian lived close to the school, ensuring Sarah’s safety and well-being. Sarah’s parents completed the Custodianship Declaration Form (IMM 5646) in China, and the custodian completed their part in Canada. With the proper documentation, Sarah successfully received her study permit and thrived academically and socially during her stay.
Case Study 2: John’s Adjustment
John, a 17-year-old student from Brazil, attended a private school in Vancouver. His parents retained professional Custodianship Services in Canada from The Custodian Company. The company completed the required custodianship form and acted as John’s primary contact. They provided John with support in adjusting to the new culture, attending school meetings, and ensuring his health and safety. John’s successful transition highlights the importance of having a reliable and supportive custodian.
Conclusion
Custodianship is a crucial requirement for minor students studying in Canada. It ensures that they have a responsible adult to care for their well-being and act on their behalf in various situations. By understanding the roles, responsibilities, and legal requirements of custodianship, parents and students can ensure a smooth and successful educational experience in Canada. Proper preparation, including the completion of the Custodianship Declaration Form and selecting a reliable custodian, is essential for compliance with Canadian regulations and the safety and success of the minor student.
In case, if you need Custodianship for students with or without Homestay in Canada, please fill in application below or contact us directly.
