Custodianship Declaration (Canada)

Canada is a country know for its high educational standards. Many students of all ages and from different countries the world come here to study. If a student is not a Canadian citizen or permanent resident, additional admission requirements are set. Some of them depend on the age of the student and the age standards of the chosen Canadian province^ which can differ. 

The age of majority in the provinces and on the territories of Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, Saskatchewan is 18. The age of majority in the provinces and on the territories of British Columbia, New Brunswick, Newfoundland, and Labrador, Northwest Territories, Nova Scotia, Nunavut, Yukon is 19. All minor children, who plan to stay in Canada without their parents` or legal guardians` supervision, need to get a Custodianship Declaration also known as the Custodian for Minors Studying in Canada (IMM 5646). This will guarantee that they will have the care and support they need during their stay in Canada. Remember, Custodianship is a legal obligation.

A Custodianship Declaration states that the minor child has a custodian in Canada - a responsible adult, who is a Canadian citizen or a permanent resident. This adult will take care of and support the minor child during their stay in Canada. For minors 17 years of age and older, the custodian is optional. But on a case-by-case basis, a visa officer can request one.

According to the standards of the government of Canada, the procedure of the appointment of a custodian starts with signing a Custodianship Declaration form. It must be prepared together with the minor child’s study permit application.

A Custodian Declaration form consists of two pages, that look similar. The first page of the Declaration must be signed by a chosen custodian and certified by a lawyer or notary in Canada. The second page must be signed by parents or legal guardians of the minor child and notarized in their home country before the trip to Canada. Only documents that are notarized by a Notary Public will be accepted by the Canadian visa officers. Later, two of these documents must be submitted to Citizenship and Immigration Canada. A Custodian Declaration proves the government of Canada that suitable arrangements have been made for the care and support for minor children who travel to the country to study. 

A custodian is a legal adult in Canada for whom legal arrangements have been made. A custodian is allowed to act in lieu of the minor child’s parent(s) or legal guardians. Custodians have the authority to make decisions for the minor children in the same way that a parent would in their home country. It is also important, that the custodian resides within a reasonable distance of the minor child`s intended residence and school in Canada and will be able to fulfill the obligations as a custodian in the event of an emergency and on a day-to-day basis.

As it was mentioned above, a standard Custodianship Declaration consists of two pages - the first one filled in by a custodian and the second one filled in by a parent or legal guardian. On the page of the custodian, all the necessary information about the student, the legal guardian, or the parent (or preferably both parents), and the custodian must be present. Also, it includes a declaration of a custodian, where they promise to take on the full custodianship for the said student during the stay in Canada, mentioning the province name too. The notary certifies the document with a signature and an official seal of Notary Public.

In the Declaration, a custodian also guarantees that all the necessary arrangements for the care of and support of the said student are made. A custodian takes the responsibilities for the said student both in day-to-day care and in situations of emergency. Before signing the Declaration, every custodian must read and agree with the official Custodianship Guidelines.

The second page of the Custodianship Declaration must be filled in by a legal guardian or a parent (or preferably both parents). There, the information about the student (name, citizenship, and date of birth, name and address of the school or school board in Canada) is stated. Also, parents fill in the information about themselves, providing the telephone numbers and the home address. 

The information about the custodian in Canada includes the current address and the position. In the second part of the document, the parent(s) or legal guardian(s) declare their minor child is in the custodian care, while in Canada. With their signature, they grant their authorization and guarantee that all the adequate arrangements have been made for the custodian in Canada to act in case of emergency or day-to-day care. The parents are also obliged to read the Custodianship Guidelines before signing the Declaration. 

The Custodianship Guidelines explain the responsibilities of both parties - parents or legal guardians and custodians. Special attention is paid to the safety and comfort of the minor child that needs custodianship during the educational stay in Canada. Both parties, parents or legal guardians, and custodians must be easily accessible at all times and be in contact with each other in times of emergency. An active role in the support of the minor child who is far from home is a must. 

A Custodianship Declaration that is also known as the Custodian for Minors Studying in Canada (IMM 5646) is an extremely important document that guarantees that the minor child, who wants to study in Canada will have access to the best possible care and support. Remember, the form is required until the child reaches the legal age of 18 or 19, depending on the Canadian province which is their destination. Though minors who are 17 years of age or older do not always need a custodian in Canada, this might be optional. Each case will be analyzed by a visa officer, who can request a custodian even for a 17-year old. It is also important to remember, that the Custodianship Declaration must be certified by a Notary Public. The official notary seal confirms that the Notary Public has received all the evidence that the custodian is a Canadian citizen or a permanent resident, and that parents or legal guardians are satisfied the appointed custodian.  

 

Regards,

The Custodian

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