If an international student requires a formal Custodianship Declaration for their Canadian study permit, IRCC generally mandates that the custodian must be a Canadian Citizen or a Permanent Resident. However, if the student is over the age of majority or if it is just a short informal visit, a temporary resident may provide homestay lodging, provided no legal custodianship is needed.
Hosting a foreign exchange student is a deeply rewarding experience that allows you to share Canadian culture with the world. Many temporary residents living in Canada-such as those on a Post-Graduation Work Permit (PGWP) or an open work permit-want to open their homes to nieces, nephews, or program exchange students. However, simply having a spare bedroom is not enough when immigration laws are involved.
Immigration, Refugees and Citizenship Canada (IRCC) draws a massive legal line between being an informal “homestay host” and acting as a legal “custodian.” ⚔️ When minor children come to study in cities like Calgary, Montreal, or Ottawa without their parents, the Canadian government demands absolute certainty that a legally responsible adult is watching over them. Understanding these rules will prevent your young guest’s study permit from being instantly refused.
Step-by-Step Process in Canada
Before you offer your home to an international student, you must determine what legal role you are expected to play. Here is how to navigate the hosting process.
Step 1: Determine the Student’s Age
The rules depend entirely on whether the student is considered a minor. The age of majority differs by province. In Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan, the age of majority is 18. In British Columbia, New Brunswick, Newfoundland, Nova Scotia, and the Territories, it is 19. If they are under this age, special rules apply.
Step 2: Check the IRCC Custodianship Rules
If the minor is under 17 years of age, a legal Custodian is mandatory. 📄 If the minor is between 17 and the age of majority, custodianship is optional but an IRCC officer can still request it on a case-by-case basis. To be a formal custodian, you must legally declare that you will act in place of the parents during emergencies.
Step 3: Evaluate Your Own Status
If a Custodianship Declaration (Form IMM 5646) is required, you must look at your own status. The form clearly states that the custodian must be a Canadian citizen or a Permanent Resident (PR). Therefore, if you are a temporary worker or student, you generally cannot sign this document. If you try, the student’s permit will likely be refused.
Step 4: Arrange a Third-Party Custodian
If you are a temporary resident but still want the child to live in your house, you can arrange for a PR or Citizen to act as the legal custodian while you act only as the “homestay host.” 🤝 Many school boards and private agencies offer custodianship services for a fee. The agency takes the legal responsibility, but the child sleeps under your roof.
Step 5: Notarize the Documents
If you are eligible to be the custodian, both you (in Canada) and the student’s biological parents (in their home country) must sign the IMM 5646 Custodianship Declaration. Crucially, this document must be signed in front of a notary public or commissioner of oaths. IRCC will not accept an un-notarized form.
How Much Does it Cost in Canada?
Setting up custodianship and processing a minor’s study permit involves several administrative fees.
- Study Permit Fee: IRCC charges $150 CAD for the student’s study permit application.
- Notary Fees: Having a lawyer or notary public witness and seal the IMM 5646 form typically costs between $30 and $75 CAD in Canada.
- Agency Custodianship Fees: If you are a temporary resident and must hire a third party to be the legal custodian, agencies often charge between $500 and $1,500 CAD per academic year.
- School Board Fees: International student tuition at Canadian public high schools generally ranges from $12,000 to $16,000 CAD annually.
| Requirement | Who Can Fulfil It? | Cost/Fee |
|---|---|---|
| Legal Custodian | Citizen or PR only. | Free (if family) / ~$1000 (if agency) |
| Homestay Host (Room & Board) | Anyone (including Temporary Residents). | Varies by arrangement |
| Notarization of IMM 5646 | Notary Public / Lawyer. | $30 – $75 |
How Long Does the Process Take?
Finding a notary and completing the Custodianship Declaration can be done in a matter of days. However, the biological parents must also notarize their portion in their home country and send the digital copy. Once the complete study permit application is submitted to IRCC, processing times for international students usually range from 4 to 12 weeks, depending on the visa office abroad. Always apply months before the school semester starts.
Frequently Asked Questions (FAQ)
Can I host a university student if I am a temporary worker?
Yes. If the student is over the age of majority (e.g., a 20-year-old university student), IRCC does not require a legal custodian. You can act as their homestay host regardless of your temporary resident status.
What happens if the custodian moves away?
The custodian is expected to reside within a reasonable distance of the minor student’s school to respond to emergencies. If the custodian moves to another province, the parents must appoint a new local custodian and provide an updated, notarized IMM 5646 to IRCC.
Can a temporary resident bring their own child to study?
Yes. If you are in Canada on a valid work or study permit and your own minor child is living with you, you do not need to fill out a Custodianship Declaration. You are their biological parent and automatically their guardian.
Does the school board check my immigration status?
Yes. When you register an international minor at a local Canadian public school, the school board will strictly request a copy of the notarized Custodianship Declaration and often proof of the custodian’s PR card or Canadian passport.
Can an older sibling on a study permit be a custodian?
Generally, no. Even if the older sibling is 22 years old, if they are only in Canada on a study or work permit, they do not hold PR or Citizenship. Therefore, IRCC usually will not accept them as the formal legal custodian for their younger sibling.
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