Custodianship for Study Permit in Canada

Custodianship for Study Permits in Canada: A Comprehensive Guide

Introduction

Canada has become one of the most sought-after destinations for international students due to its high-quality education, multicultural society, and welcoming immigration policies. For minors—typically defined as individuals under the age of 18 or 19 depending on the province—seeking to study in Canada, an essential legal requirement is the appointment of a custodian. Custodianship ensures that minors are under responsible adult supervision during their time in Canada, providing reassurance to both parents and educational institutions. This report delves into the legal, procedural, and practical aspects of custodianship for study permit applications in Canada.

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1. Definition and Purpose of Custodianship for Study Permit in Canada

What is a Custodian?

A custodian is a responsible adult who is a Canadian citizen or permanent resident appointed to care for and support a minor international student in Canada. Custodians are expected to act in loco parentis, meaning they are entrusted with responsibilities akin to those of a parent while the minor is in Canada.

Why is Custodianship Required?

The Canadian government mandates custodianship to:

• Ensure the safety and welfare of minor students

• Provide support in emergencies

• Bridge communication between schools, immigration authorities, and parents

• Comply with provincial laws concerning minors

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2. Age of Majority and Provincial Variations

The age at which an individual is considered a legal adult varies by province:

Students below the age of majority in their province of study must have a custodian appointed to support their visa and school applications.

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3. Legal Requirements for Custodianship for Study Permit in Canada

Study Permit Application

When applying for a study permit, minors must submit:

• A notarized Custodianship Declaration Form (IMM 5646) signed by both:

  • The parent/legal guardian in the home country

  • The custodian in Canada

• A Letter of Acceptance from a designated learning institution (DLI)

• Proof of the custodian’s status in Canada (citizenship or permanent residence)

• Contact details and relationship of the custodian

Notarization: Custodianship for Study Permit in Canada

The declaration form must be notarized in both countries—Canada and the student's home country—to be accepted by Immigration, Refugees and Citizenship Canada (IRCC).

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4. Roles and Responsibilities of a Custodian

A custodian is expected to:

• Ensure the minor has adequate housing and daily care

• Provide emotional and logistical support

• Be reachable at all times for emergencies

• Liaise with schools and act as an emergency contact

• Assist with medical, academic, and legal matters

Failure to fulfill custodial responsibilities can result in consequences for both the custodian and the student, including termination of visa or school enrollment.

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5. Types of Custodianship Arrangements: Custodianship for Study Permit in Canada

5.1 Family Members as Custodians

Preferably, family members residing in Canada can serve as custodians. This arrangement often provides a familiar environment and greater parental peace of mind.

5.2 Homestay Providers

Many school districts offer homestay programs that include custodianship services. In such cases, the host family provides both lodging and guardianship.

5.3 Custodianship Agencies: Custodianship for Study Permit in Canada

There are professional custodianship service providers who, for a fee, offer:

• 24/7 emergency response

• Assistance with travel, accommodation, and medical needs

• School reporting and academic monitoring

Parents should ensure that such agencies are reputable, experienced, and recognized by schools and immigration authorities.

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6. How to Appoint Custodianship for Study Permit in Canada

Step-by-Step Process:

1. Choose a Custodian
   Must be a Canadian citizen or permanent resident over the age of 19 (or older depending on province).

2. Fill Out Form IMM 5646

   • Part 1 completed by parents/legal guardians

   • Part 2 completed by custodian

3. Notarization: Custodianship for Study Permit in Canada

   • Parents notarize Part 1 in home country

   • Custodian notarizes Part 2 in Canada

4. Submit with Study Permit Application
   Uploaded via the IRCC online portal or submitted through a Visa Application Centre.

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7. Costs and Duration of Custodianship for Study Permit in Canada

Costs

• Notarization Fees: $50–$200 per document depending on country

• Custodianship Fees (if using an agency): $500–$2,000 per year

• Homestay Costs: $800–$1,200/month including room and board

Duration: Custodianship for Study Permit in Canada

Custodianship arrangements usually last until the student:

• Reaches the age of majority

• Transfers to another school

• Returns to their home country

• Appoints a new custodian

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8. Provincial and Institutional Policies: Custodianship for Study Permit in Canada

Schools and provinces may have additional custodianship requirements. For example:

• British Columbia: Some schools require in-person interviews with custodians.

• Ontario: Some boards insist on background checks and references.

• Quebec: Schools may provide or verify custodian appointments.

Always check with the specific school or district for supplementary documentation or restrictions.

Inadequate Support

Not all custodians are active in a student’s life. Regular communication between student, parent, and custodian is essential for a supportive environment.

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10. Recent Changes and COVID-19 Impacts

COVID-19 heightened scrutiny on custodianship as minor students faced travel restrictions and quarantine mandates. Key updates include:

• Requirement for isolation plans supervised by custodians

• Increased demand for virtual check-ins and medical coordination

• Preference for custodianship through school-trusted providers

Post-pandemic, the focus remains on health and emergency readiness.

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11. Best Practices for Parents: Custodianship for Study Permit in Canada

• Start early: Secure a custodian 2–3 months before applying for a study permit.

• Communicate regularly: Weekly or bi-weekly contact helps monitor well-being.

• Visit when possible: Periodic family visits to Canada are encouraged.

• Ask for updates: Request school reports and incident summaries from custodians.

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12. Summary Checklist

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Conclusion

Custodianship is a foundational requirement for minor students seeking a Canadian education. It ensures the student's safety, legal compliance, and smooth academic progression. Whether through family, homestay, or professional service, the choice of custodian must be made with great care. With proper planning, thorough vetting, and open communication, custodianship can provide the support international students need to thrive in Canada.

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