Custodianship Declaration Form Canada

Custodianship Declaration Form Canada: A Complete Guide for International Students and Parents

Introduction

Canada has become one of the most sought-after destinations for international education due to its high academic standards, multicultural society, and safety. However, international students who are minors (under the age of majority) must meet an essential legal requirement before they can study in Canada: they must have a custodian legally responsible for them during their stay.

This comprehensive guide explores the purpose, structure, and requirements of the Custodianship Declaration Form. It also offers a step-by-step breakdown of how to fill it out, who needs it, and common pitfalls to avoid.

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What Is the Custodianship Declaration Form (IMM 5646)?

The Custodianship Declaration Form (IMM 5646) is a two-page legal affidavit required by Immigration, Refugees and Citizenship Canada (IRCC) for any international student who is a minor.  The form must be submitted along with the student’s study permit application.

It consists of two parts: Custodianship Declaration Form Canada

• Part 1: To be completed by the appointed custodian in Canada

• Part 2: To be completed by the student’s parents or legal guardians

Both parts must be notarized to be legally valid.

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Who Needs to Submit the IMM 5646?

You need to submit the Custodianship Declaration Form if the student:

• Is under 18 years old (in most provinces) or under 19 (in provinces like British Columbia or Nova Scotia)

Exemptions: Custodianship Declaration Form Canada

• Students living with a parent or guardian in Canada do not need to submit IMM 5646.

• Students above the age of majority are also exempt.

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Understanding “Custodianship” in Canada: Custodianship Declaration Form Canada

Custodianship is a legal arrangement in which a Canadian citizen or permanent resident is given the responsibility to act on behalf of the minor student’s parents during their stay in Canada. This includes:

• Making emergency medical decisions

• Communicating with the school

• Supervising living arrangements

It is not equivalent to legal guardianship but carries serious responsibilities under Canadian law.

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Who Can Be a Custodianship Declaration Form Canada?

A custodian must:

• Be a Canadian citizen or permanent resident

• Be at least 19 years old

• Reside close to the student’s school and residence

• Be able to act on behalf of the student’s parents in emergency situations

Custodians can be: Custodianship Declaration Form Canada

• Family friends or relatives

• Homestay hosts

• Professional custodianship agencies

Some schools offer lists of pre-approved custodians, while others require parents to arrange one independently.

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Responsibilities of a Custodian:

A custodian is expected to:

• Act in loco parentis (in place of a parent) when needed

• Be available 24/7 in case of emergency

• Communicate with the student’s school and teachers

• Assist the student with academic or behavioral issues

• Ensure the student’s accommodation and welfare are appropriate

Failure to perform these duties could have legal consequences and may also affect future applications by the student or custodian.

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Anatomy of the Custodianship Declaration Form

Part One – Completed by the Custodian

This section includes:

• Custodian’s full legal name

• Canadian address and contact details

• Relationship to the student (if any)

• Statement accepting full responsibility for the student

• Notarized signature

Part Two – Completed by the Parents or Legal Guardians

This section includes: Custodianship Declaration Form Canada

• Names and contact details of both parents

• Name and personal details of the student

• A declaration appointing the custodian

• Notarized signatures of both parents

Both pages must be signed and stamped by a notary public in their respective jurisdictions (Canada and the student's home country).

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Step-by-Step Guide to Completing the IMM 5646

Step 1: Select a Custodian

• Choose a reliable and available adult in Canada

• Confirm their willingness to accept the role

• Ensure they meet legal requirements

Step 2: Download the Form

• Access the IMM 5646 from the official IRCC website

Step 3: Fill Out Part One: Custodianship Declaration Form Canada

• The custodian completes and signs this section

Step 4: Fill Out Part Two

• Parents or legal guardians fill in this part

• Take the form to a notary public or Canadian consulate in your home country for notarization

Step 5: Submit with Study Permit Application

• Scan both notarized sections

• Upload with your online study permit application

• Some schools may also require a copy before registration

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Important Tips for Notarization

• Canada: Use a local lawyer or notary public

• Abroad: Use a licensed notary or Canadian embassy

• Translations: If the form is filled out in a language other than English or French, submit a certified translation

• Check Local Rules: Each country may have specific notarization requirements

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Legal and Immigration Implications: Custodianship Declaration Form Canada

1. For the Student

• A student without a valid custodian may be refused entry into Canada

• The absence of a valid custodian could invalidate their study permit

2. For the Custodian

• Must be available during emergencies

• Could be held liable if found negligent

• Acts as the go-to person for school officials and immigration inquiries

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When Do You Need to Update the Form?

The IMM 5646 must be updated if:

• The custodian changes

• The student moves to a different province

• The school or program changes significantly

You must:

• Prepare a new form

• Have both parts notarized again

• Notify IRCC and the student’s school

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Sample Scenario: Using a Homestay as Custodian

Let’s say a 15-year-old student from Mexico enrolls in a Toronto public high school. Since the student’s parents are abroad, they arrange for a homestay host to also serve as the custodian.

1. The homestay parent fills out Part One

2. The student's parents fill out Part Two

3. Both forms are notarized

4. All documents are submitted with the study permit application

Once the study permit is approved, the student travels to Canada and the custodian becomes the primary point of contact.

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Common Mistakes to Avoid

• Incomplete fields: Ensure all sections are fully filled out

• Missing notarization: Both pages must be notarized in different jurisdictions

• Wrong version of the form: Download only from the official IRCC site

• Using someone who isn’t eligible: Only a Canadian citizen or permanent resident can serve as custodian

• Not submitting the form: If required but not submitted, your study permit may be refused

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Age of Majority by Province (2025 Reference)

Always check the specific provincial laws before applying.

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Professional Custodianship Services: Custodianship Declaration Form Canada

Some families choose to hire professional custodian service providers in Canada. These services:

• Charge fees ranging from CAD 1,000–3,000 per year

• Offer emergency response, school monitoring, and parent communication

• Are often accepted by schools and immigration authorities

Ensure the provider is:

• Reputable

• Insured

• Recognized by the school or school board

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Conclusion

The Custodianship Declaration Form IMM 5646 is a foundational requirement for international minors who wish to study in Canada without a parent. It ensures the student’s safety, supports their academic journey, and complies with Canadian legal standards.

Completing this form may seem bureaucratic, but its importance cannot be overstated. By selecting a responsible custodian, getting the form properly notarized, and submitting it on time, families can help pave the way for a smooth transition to Canadian education.

In case, if you need help with Custodianship Declaration Form in Canada, please contact the The Custodian.