Custodianship for Minor International Students in Canada

Custodianship for Minor International Students in Canada

International students under the age of 18 (or 19 in some provinces) who wish to study in Canada are often required to have a custodian while they are in the country. Custodianship is a legal arrangement that ensures minor students have someone to act on their behalf, make important decisions, and provide care and supervision in place of their parents or guardians. This custodianship arrangement plays a critical role in ensuring the well-being of minors who are studying far from home.

What Is Custodianship for Minor International Students in Canada?

A custodian is an adult, typically a Canadian citizen or permanent resident, who is responsible for the care and well-being of a minor international student while they are studying in Canada. The custodian acts as a legal guardian for the student during their stay and is responsible for making decisions regarding their welfare, education, and health. The custodian also serves as a point of contact for the school and Canadian authorities.

In Canada, the requirement for custodianship varies by province and the age of the student. For example, in Ontario, a student under 18 years old needs a custodian, while in British Columbia, the age of majority is 19, so students younger than this require custodianship.

Why Is Custodianship Important for Minor International Students in Canada?

Custodianship is crucial for the protection and care of minor international students in Canada for several reasons:

1. Legal Responsibility: Minors cannot make legal decisions on their own. The custodian acts as the legal guardian in situations requiring adult consent, such as enrolling in school, accessing medical care, or handling legal issues.
2. Safety and Welfare: Custodians are responsible for the overall safety and well-being of the student. They ensure that the student is living in a safe and suitable environment, that they are attending school regularly, and that their basic needs are met.
3. Support System: Minor students, especially those coming to Canada for the first time, can feel overwhelmed by the cultural differences, language barriers, and the challenges of living away from their family. A custodian provides guidance, support, and comfort, helping the student adapt to life in Canada.

Canadian Government’s Custodianship Requirement for Minor International Students in Canada

For students to obtain a study permit, the Canadian government requires proof that a custodian has been appointed. This proof is provided through a Custodianship Declaration Form (IMM 5646), which consists of two parts:

• Part A: Custodian’s Declaration: This section is completed by the custodian, who must attest that they will take responsibility for the student’s care. The custodian must sign the form in the presence of a notary public.
• Part B: Parent/Guardian’s Declaration: This section is completed by the parents or legal guardians of the minor student. It confirms their understanding of the custodianship arrangement and that they have appointed the custodian to act on their behalf. This must also be signed in the presence of a notary public.

Both parts of the Custodianship Declaration Form must be submitted as part of the student’s study permit application. Without this documentation, minors may not be granted permission to study in Canada.

Who Can Be a Custodian  and provide Custodianship for Minor International Students in Canada?

Not just anyone can be a custodian. Canadian authorities have specific requirements regarding who can serve in this capacity:

• Age: The custodian must be a legal adult, typically 19 years or older, depending on the province.
• Residency: The custodian must be a Canadian citizen or permanent resident and live in Canada. This ensures that they are available in person to handle any emergencies or needs the student may have.
• Proximity: The custodian should live reasonably close to the student’s school and residence to ensure they can provide adequate care and supervision when needed.

While custodians are often family members or close family friends, some international students may not have personal connections in Canada. In such cases, there are professional custodianship services that provide custodians for a fee.

Responsibilities of a Custodian & Custodianship for Minor International Students in Canada

Being a custodian comes with a range of responsibilities that ensure the minor student is well-cared for. These responsibilities include:

1. Health and Medical Care

The custodian is responsible for ensuring that the student has proper health insurance coverage while in Canada. If the student becomes ill or injured, the custodian will ensure they receive medical attention and provide necessary consent for treatment. In emergency situations, the custodian will act in the best interests of the student.

2. Academic Support

The custodian works with the student’s school to monitor their academic progress. They attend parent-teacher meetings, ensure that the student is attending classes regularly, and address any academic challenges the student may face. If the student requires additional support, such as tutoring, the custodian can arrange these services.

3. Housing and Living Arrangements

Custodians must ensure that the student has safe and appropriate accommodation. This may involve helping the student find and move into homestay arrangements, boarding facilities, or private rentals. The custodian also ensures that the living conditions are conducive to the student’s health and academic success.

4. Communication with Parents

Custodians act as a bridge between the student’s parents and their life in Canada. They provide regular updates to the parents about the student’s well-being, academic progress, and any issues or concerns that arise. If an emergency occurs, the custodian is responsible for notifying the parents and taking necessary actions.

5. Legal Responsibility: Custodianship for Minor International Students in Canada

The custodian has the legal authority to make decisions on behalf of the student in cases involving school matters, medical situations, and other essential decisions. This legal authority is crucial, as minors are not able to make these decisions on their own.

Finding a Custodian in Canada

There are several ways for parents of international students to find a suitable custodian in Canada:

1. Family and Friends

If the family has relatives or close family friends in Canada, they may ask one of them to take on the role of custodian. This is often the preferred choice, as the custodian is already familiar with the family and has a personal connection to the student.

2. Homestay Providers

Some homestay programs offer custodianship services as part of their package. In these cases, the homestay host may act as the custodian, providing both accommodation and guardianship services to the student.

3. Professional Custodianship Services and Custodianship for Minor International Students in Canada

For students who do not have personal connections in Canada, there are professional companies that offer custodianship services. These companies specialize in providing guardianship for international students and typically charge a fee for their services. They ensure that the student’s needs are met, and they fulfill the legal responsibilities of a custodian.

Professional custodianship services are regulated and must adhere to provincial laws regarding the care and supervision of minors. Families can research and select a reputable service that meets their needs.

Homestay and Custodianship for Minor International Students in Canada

One common arrangement for minor international students is living in a homestay with a local Canadian family. In many cases, homestay families can also serve as custodians, providing both housing and guardianship for the student.

Homestay offers students the opportunity to live in a supportive family environment, practice their English, and learn more about Canadian culture. The homestay family provides meals, a private room, and other amenities to ensure the student’s comfort. Additionally, the family takes on the role of a custodian, ensuring that the student’s academic, health, and legal needs are met.

Cost of Custodianship for Minor International Students in Canada

The cost of custodianship can vary depending on the arrangement:

• Family and Friends: If the custodian is a relative or family friend, they may offer their services for free or for a small token of appreciation.
• Homestay Providers: Homestay programs that include custodianship services may charge an additional fee for the guardianship aspect, though this is often included in the overall cost of the homestay.
• Professional Custodianship Services: Fees for professional custodianship services vary depending on the provider. Typically, families can expect to pay between CAD $2,000 and CAD $3,000 per year for custodianship services.

Challenges and Considerations in Custodianship for Minor International Students in Canada

While custodianship is a necessary arrangement for minor international students, there are some challenges and considerations for families and students:

• Distance from Parents: Although custodianship provides essential support, it cannot fully replace the guidance and care of parents. Students may feel homesick or struggle with being far away from their family.
• Cultural Differences: Students may face cultural differences that make it challenging to adjust to life in Canada. A good custodian can help ease this transition by providing cultural guidance and support.
• Legal and Financial Responsibilities: Custodians have significant legal and financial responsibilities, which can be burdensome for some. It’s important for custodians to fully understand the extent of their role before taking on this responsibility.

Conclusion

Custodianship for Minor International Students in Canada is a critical component of the international student experience in Canada, ensuring that minor students are cared for and supported while they pursue their education abroad. Whether provided by family, homestay hosts, or professional services, custodians play a pivotal role in the safety, well-being, and success of international students. Through custodianship, students gain not only a legal guardian but also a trusted figure who helps them navigate the challenges of studying in a foreign country. For parents, knowing that their child is in the care of a responsible custodian provides peace of mind and allows them to focus on their child’s educational journey.

 

 

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