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Custodianship Declarations for Minor International Students in Canada

16 Jun 2026 5 min read No comments Immigration & Visas Canada
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To send a minor child to study in Canada, you must appoint a Canadian custodian using IRCC Form IMM 5646. Custodianship is mandatory if the child is under 17. The basic study permit application fee is $150 CAD, and the custodianship document must be notarized in both Canada and your home country.

Sending your child to study in Canada is an incredible opportunity, but navigating the legal requirements can be stressful for any parent. If your child is considered a minor, Immigration, Refugees and Citizenship Canada (IRCC) has strict rules to ensure they are safe, supported, and cared for during their stay. One of the most critical steps in the study permit application process is appointing a Canadian custodian. A custodian is a responsible adult who is either a Canadian citizen or a permanent resident (PR), and they act in place of the parents during an emergency. Whether your child will attend a local high school in Toronto, Ontario, or a private boarding school in Vancouver, British Columbia, understanding exactly how to complete this process is vital.

The rules surrounding custodianship depend heavily on the age of your child and the specific province they are moving to. 📍 Under Canadian law, the “age of majority” is not the same across the country. Because family law is a provincial matter, someone who is legally an adult in Alberta might still be considered a minor in Nova Scotia. Failing to provide a properly executed IMM 5646 Custodianship Declaration will result in IRCC refusing your child’s study permit. If you are unsure about the legal requirements, consulting with a local immigration lawyer from our directory can help you avoid costly mistakes and delays.

Step-by-Step Process for Appointing a Custodian

The process of finalizing a Custodianship Declaration involves coordination between the parents in the home country and the custodian in Canada. Here is the general step-by-step process you must follow to satisfy IRCC.

Step 1: Determine the Provincial Age of Majority

The first thing you must do is check the age of majority for the province where the Designated Learning Institution (DLI) is located. In Ontario, Alberta, Manitoba, Quebec, Prince Edward Island, and Saskatchewan, the age of majority is 18. In British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, and the territories, the age of majority is 19. If your child is under 17, a custodian is mandatory across all of Canada. If they are 17 or older but under the age of majority in their province, the immigration officer has the discretion to request a custodian.

Step 2: Find an Eligible Canadian Custodian

You cannot simply list anyone as a custodian. The individual must be a Canadian citizen or a permanent resident who is over the age of majority. 👨 Furthermore, they must reside within a reasonable distance of the student’s intended residence and school. If you do not have family members or close friends in Canada, many private boarding schools and homestay agencies offer professional custodianship services for international students.

Step 3: Complete the IMM 5646 Form

The official IRCC form is divided into two pages. The first page must be completed by the custodian in Canada, outlining their contact information and commitment to the child. The second page must be completed by the parents or legal guardians in the home country, stating that they grant the Canadian custodian permission to act in their place, especially regarding medical emergencies or school interventions.

Step 4: Notarize Both Pages of the Declaration

This is a strict legal requirement. The form is not valid simply with signatures. ⚔️ The Canadian custodian must sign the first page in front of a Canadian notary public, commissioner of oaths, or a Canadian lawyer. Likewise, the parents must sign the second page in front of a notary public in their home country. Both pages must bear official notary seals before they are submitted to IRCC.

Step 5: Submit with the Study Permit Application

Once both pages are signed and notarized, scan them into a single PDF document. When you apply for your child’s study permit online via the IRCC secure portal, you will be prompted to upload the IMM 5646 form in the required documents section. Ensure the scans are high-quality and the notary seals are clearly visible to avoid processing delays.

How Much Does the Process Cost in Canada?

While the IMM 5646 form itself is free to download, securing a custodian and processing the legal paperwork involves several costs in Canadian Dollars (CAD).

Service / Fee TypeEstimated Cost (CAD)Details
IRCC Study Permit Fee$150The standard federal government processing fee for a student visa.
Biometrics Fee$85Required for students over the age of 14 for background checks.
Canadian Notary Fees$40 – $100Fee paid by the custodian to a Canadian lawyer or notary to seal the document.
Professional Custodian Agency$1,000 – $2,500+Annual fee if you must hire an agency because you have no family in Canada.

How Long Does the Process Take?

The time it takes to arrange the custodianship document is entirely up to you and the notary offices. However, once submitted, IRCC processing times for a study permit vary widely. As of June 2026, applications made from outside of Canada typically take between 6 to 12 weeks to process, depending on the country of origin. It is highly recommended to start the entire process at least four to five months before the Canadian school semester begins to account for any delays.

Frequently Asked Questions (FAQ)

Is the custodian financially responsible for my child?

Generally, no. The IMM 5646 form states that the parents are still financially responsible for the student’s tuition, housing, and living expenses. The custodian’s primary role is to provide care and support during emergencies, such as consenting to medical treatment if the parents cannot be reached.

Can an older sibling be the custodian?

Yes, provided the older sibling is a Canadian citizen or permanent resident, is over the age of majority in the province where the school is located, and is willing to accept the legal responsibilities of the role.

What happens if the custodian moves to another city?

IRCC requires the custodian to live within a reasonable distance of the student. If your custodian moves away, you must urgently find a new custodian, complete a new IMM 5646 form, have it notarized, and update the school and IRCC.

Does my 17-year-old child need a custodian in Ontario?

Because the age of majority in Ontario is 18, a 17-year-old is still a minor. While custodianship is only strictly mandatory for children under 17, an IRCC officer has the discretion to demand one for a 17-year-old. Most applicants in this situation choose to provide one proactively to avoid having their application returned.

Can I act as a custodian if I am visiting Canada on a Tourist Visa?

No. Visitors, tourists, and individuals holding temporary work or study permits cannot legally act as custodians. The custodian must have legal status as a Canadian citizen or permanent resident.

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