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Custodianship Declaration For International Students

March 30th, 2015

Canada has a lot to offer when it comes to educational institutions for youth. We have a wide array of quality boarding and private schools, language education centers and specialty schools – most of which welcome international students with open arms. Having your immigration paperwork in order can go a long way towards making your child’s dream a reality, and Red Seal Notary can help.

Planning to send your child to a boarding school abroad, or even to stay with relatives or friends while attending a reputable private school is a big decision that involves many steps. In Canada, we have a wealth of educational opportunities to offer which can open many doors for students in the future. Specialized dance schools, art programs and technological schools offer unique opportunities to talented students from around the world. In addition, English and French language institutions give your child the chance to be immersed in a new language and culture, and to become multilingual. The possibilities are endless.

Once accepted to your institution of choice, you will need to apply to the government of Canada in order for your child to be granted entrance into Canada and to receive a permit for your child to study here. As a part of this application, you need to satisfy Citizenship and Immigration Canada that your child is being cared for here in Canada and has a responsible adult to depend on. Custodianship is a legal obligation. It means that while in Canada, the Custodian has the authority to make decisions for the child in the same way that a parent would in their home Country.

In order to complete this process, two documents must be completed and submitted to Citizenship and Immigration Canada. Firstly, a Custodian Declaration – Custodian for Minors Studying in Canada must be completed by the Custodian who will be caring for the child in Canada. Secondly, a Custodian Declaration – Parents/Guardians for Minors Studying in Canada which must be completed by the parents of the student. Once completed, these documents must be signed and notarized by a Notary Public in order to be accepted.

Red Seal Notary has experience with Custodian Declarations and can get your application moving. Use our online appointment request form or call us at 1-888-922-7325 to find out how Red Seal Notary can help you get your Declaration completed.

In a hurry? Take advantage of our walk-in locations and flexible evening and weekend appointments. We have offices across Canada to serve you. Click here to find a location that is convenient for you.

37 thoughts on “Custodianship Declaration For International Students

  1. david says:

    I want to send my child who is a minor to study in Canada. I’m currently filling the custodian declaration form
    but it said I need a notary public to sign and seal. I am currently not in Canada to do so but can I get a
    custodian to bring the filled form for a notary public to approve even though I am not present?

    • Blake McClung says:

      Dear David,

      There are two forms. The Custodian form must be declared by the Custodian in Canada before a Notary Public. The Custodian should bring photo ID, and proof of their residence and status in Canada.

      The form for the Parents must be declared by the Parents before a Notary in whatever jurisdiction they happen to be – i.e. the parent’s form is usually not Notarized by a Canadian Notary.

      I hope this information is of assistance.

      • Slava says:

        Hi, Notary in Russia will only authenticate in Russian language , so this means that English version will not
        have Notary seal. How to go about that? Thank you

        • Blake McClung says:

          Dear Slava,

          As the Custodian must reside in Canada I will assume you are referring to the form for the parents to sign. These forms are used to apply for Visas from Immigration Canada, so you may wish to contact the nearest Canadian Visa Post for assistance. They may have a local solution. Most Canadian Consulates and Embassies have Notaries that could notarize the form if the parents attend to sign in front of them. Likely they would have to arrange an appointment to do so. The local Consulate may also be able to refer to local Russian notaries that can provide services in English and are willing to notarize the form.

          I hope this is of some assistance.

          • Slava says:

            Thank you

  2. david says:

    I want to send my child who is a minor to study in Canada. I’m currently filling the custodian declaration form
    but it said I need a notary public to sign and seal. I am currently not in Canada to do so but can I get a
    custodian to bring the filled form for a notary public to approve even though I am not present??

  3. Ayodeji Ojo says:

    I don’t have anyone in
    Canada, and I’ve been
    accepted to study in a
    college is it for the
    school to provide me a
    custodian?

    • Blake McClung says:

      Dear Ayodeji Ojo,

      Thank you for your comment and for your interest in our website.

      Please note that a Custodian is only required for a minor (someone under 18 years of age in Ontario, for example). If you have been accepted to a post secondary institution, chances are you are old enough not to require a custodian. If you are a minor, contact the school for information on whether one of their staff act as a custodian for students, or what arrangements other students usually make. Many English language schools, for example, do offer custodians for their students, as do some student housing programs.

      I hope this information is of some assistance.

  4. Jing Chen says:

    Hi Sir/Madame,
    I would like to know the price for custodianship declaration
    notary for international student. And how long does it take?
    Thanks,
    Jing Chen

    • Blake McClung says:

      Dear Jing Chen,

      Thank you for your comment and for your interest in our services.

      At most of our locations, the fee for one Notarization is $59 plus applicable taxes. You can check our fees for almost any service on our fees page.

      As long as you have the form completed in advance (but don’t sign it), you can make the declaration before the Notary and have the form Notarized in about 5 minutes. Remember to bring proper photo id, proof of your status in Canada, and proof of address, so the Notary can see them.

      I hope this is of assistance.

  5. Clair says:

    Hi,
    My niece is coming to
    study in Canada for 6
    months. I have a 2
    years work permit, can I
    be the custodian?
    Best,
    Clair

    • Blake McClung says:

      Dear Clair,

      Thank you for your comment and for your interest in our website.

      Although you may want to clarify with your Immigration lawyer, or the Immigration department, the Custodianship form itself seems to indicate that the Custodian must be a Canadian Citizen or Permanent Resident of Canada.

      Some schools provide Custodians from their staff for international students, language schools in particular. You may wish to contact the school to see if this is available, especially if you do not know someone else that would be willing to act as Custodian.

      I hope this is of some assistance.

  6. olusegun lawal says:

    Hello sir, i have applied for a
    student visa at the canadian embassy
    in nigeria following the offer of
    studentship i got from carleton
    unviversity in ottawa canada.However
    the embassy told me to look for a
    custodian at a reasonable distance
    from the school. I have gotten a
    cousin to complete the custodian form
    for me, she stays in milton in
    ontario province. I only want to know
    if this will be acceptable to the
    embassy.
    I am only 16+ and that explains the
    necessity for the custodian form.Thanks

    • Blake McClung says:

      Dear Olusegun Lawal,

      Thank you for your comment and for your interest in our website.

      The custodian form itself indicates that the custodian must be a Canadian Citizen or Permanent Resident, be over 19 years of age, and reside near the school (presumably near enough to help the student if necessary). The form also must be signed by the custodian before a Commissioner of Oaths.

      Milton is roughly five hundred kilometers from Ottawa. You will have to ask the Embassy if they consider that to be a reasonable distance for your custodian. If not, you will have to find someone closer to Ottawa.

      I hope this is of some assistance.

  7. Kerry Fuller says:

    How do i cancel a custodianship document? I am custodian for several
    international students at the school i work at. I need to cancel a few
    since the students have moved on to other schools. Please advise.
    Kerry.

    • Blake McClung says:

      Dear Kerry,

      Thank you for your comment and for your interest in our website.

      Unfortunately we cannot advise you about your situation. We would advise you to contact an Immigration lawyer or the Immigration Department to determine your options so you can choose what, if anything, you should do. For example, if the Students had to file papers for a new Custodian at the new School, perhaps your obligations have already ceased.

      We hope this information is of some assistance.

  8. Amy says:

    Hi , I am in Canada now with my daughter as a visitor. Now it’s time for my
    daughter to extend her study permit. Is it necessary for me to submit a new
    notarized custodianship declaration or we can use the original one? If we are
    going to submit a new form,is it acceptable to use the same notary with the
    custodian since I noticed CIRCC website indicates that the form for parents
    should be signed in front of a notary in their home country which is not
    Canada.

    • Blake McClung says:

      Dear Amy,

      Thank you for your comment and for your interest in our website.

      You should contact your Immigration counsel or the Immigration department for clarification of the requirements for her study permit extension. They should be able to tell you if the original declaration can still be used. If this confirmation cannot be obtained, then presumably the safest option would be to submit a new one.

      As far as the Parents’ form is concerned, the Parents should sign in front of a Notary wherever they happen to be. Normally this would be in the ‘home’ country, but not necessarily. If the parents are in different countries, for example, each would have to sign in front of a notary in their country.

      Also keep in mind that a custodian is only required if your daughter is still a minor. Once she reaches the age of majority in the Province, this will no longer be necessary.

      I hope this information is of some assistance.

  9. Jeremy Tan says:

    Hi, I’m currently filling out a custodian form for my continued study in
    university of Ottawa. I’m currently 16 years old which is the reason
    why I am currently filling out said form. If I am going to be staying on
    the residence for the university of Ottawa (Friel Residence) how
    would I get the form notarised? Who’s the custodian who would
    notarize my form?

    • Blake McClung says:

      Dear Jeremy,

      Thank you for your comment and for your interest in our website.

      If you cannot use the same custodian that did the form for your initial visa application, you will have to find a new custodian. If you do not have a friend or relative nearby that qualifies, you might want to ask the school or residence facilities if they have anyone that can act in this capacity for you. Once you have someone, they will have to attend a Notary office with their ID and the form so they can swear the oath and then sign before the Notary. Our downtown Ottawa walk in location may be of use in this regard.

      I hope this is of some assistance.

  10. Raha says:

    Hi,
    I have notarized the custodianship declaration in my country of
    residence. However, as the forms are in English, the notary
    used a stamp, which in our language translates to “content of
    the text notwithstanding”. My question is, is it enough that the
    notary recognizes the parents’ signatures on the forms, or do
    they need to also confirm the content of the form as well?
    I appreciate any assistance with this matter.

    • Blake McClung says:

      Hello Raha,

      Thank you for your comment and for your interest in our website.

      In answer to your question, the Notary need only verify the parents’ identities and that they signed the form after swearing to the veracity of the contents. In other words, the Notary need not confirm the contents, only that the parents swore that the contents are true.

      I hope this information is of assistance.

      • Raha says:

        Thank you so much for your reply! I even contacted CIC
        regarding this issue and was unable to get a definitive
        answer. Your assistance is very much appreciated!

        • Blake McClung says:

          Dear Raha,

          You are very welcome. I am glad we could be of assistance.

  11. Tejimol Joseph says:

    Hai. My daughter 17
    years old this
    September she will
    turn 18 years old is
    she need? custodian
    ship She is going to
    Study Memorial
    university Canada
    Custodian must be
    need same province

    • Blake McClung says:

      Dear Tejimol Joseph,

      Thank you for your comment and for your interest in our website.

      If your daughter will be studying in Newfoundland, the age of majority there is 19, so she will require a custodian until she reaches that age. The Custodian must reside within a reasonable distance of the University so she or he can assist your daughter if necessary. If you do not have a friend or family member nearby, try contacting the University or related organizations to see if they can be of assistance in this regard.

      I hope this information helps.

  12. Trieu says:

    Hi,
    My son (was born in Jul 2001) will be attending University of
    New Brunswick (& staying in Fredericton campus) next Sep.
    My questions are as follows
    1.Does he really need custodian in Canada?
    2.In case he has Study permit w/o asking for custodian from
    visa officer, should I prepare for a custodian form or not? I
    read somewhere that Border Custom Officer may ask for that
    question case-by-case?
    3.If I ask for someone from Saint John, Moncton or even PEI
    to act as custodian, is it reasonable or not? Or I must get
    someone from Fredericton city?
    4.What is the cost for custodian in Fredericton?
    Thanks & best regards
    Trieu

    • Blake McClung says:

      Dear Trieu,

      Thank you for your comment and for your interest in our website.

      The age of majority in New Brunswick is 19. If your son already has his Study Permit, it is possible the visa officer used his/her discretion to waive the requirement of a custodian. Whether this discretion is binding on border officials, or even other Immigration officers, is something to ask your Immigration lawyer, or Canadian border officials directly.

      The Custodian, if required, must reside within a reasonable distance – what constitutes a reasonable distance is decided on a case by case basis. Presumably the older and more responsible the minor, the less likely a custodian’s assistance will be required, so he/she may not need to be as close by. Even if not required, you should consider the benefit of having someone available to assist your son, particularly before he has had time to make any close friends locally. Heaven forbid, but accidents do happen, after all.

      As for costs, we do not have any information on this – you should contact the school or relevant agencies nearby to find out any fees involved.

      I hope this information is of some assistance.

      • Trieu says:

        Dear Blake McClung,
        Thanks for your detailed explanation
        Trieu

  13. eva says:

    Hi
    I am sending my minor to study in Vancouver. Since they are in
    elementary school which requires parent to go with them. We will look
    for a place to live when we arrive. In this case, how should I fill out the
    address on IMM5646 form then? Can I just write ” to be advised”?
    Thank you.

    • Blake McClung says:

      Dear Eva,

      Thank you for your comment and for your interest in our website.

      If you will be accompanying your child to Vancouver then you do not require a custodian. A custodian is only necessary when a parent will not be with the child.

      If however you will be leaving the child with a relative or close friend, you will need their address to complete the form (it is required in the Custodian section in any case).

      I hope this information is of some assistance.

  14. Mohammed Roohul Abedin says:

    Dear Tejimol Joseph, Good Day
    My son aged 16 is leaving for study to Manitoba. I have no custodian there. I have to upload IMM 5646. How can
    I do that?
    My elder son is studying there in the same institution (study permit expires within 6 months). My wife will also
    travel with my son on a visitor visa.
    Please advise what should we do to fulfill the requirement of IMM 5646.

    Regards
    Abedin

    • Blake McClung says:

      Dear Mr. Abedin,

      Thank you for your comment and for your interest in our website.

      You should probably consult an Immigration lawyer or the Immigration department for advice on the requirements in your situation. If your wife is the Mother and she will be staying with him, then perhaps a custodian would not be required, for example. Alternatively, the school may have staff or contacts that act as custodians for international students. Perhaps his elder brother can act as custodian until someone else can be found. Immigration counsel will ask you specific questions and help you to determine how the law applies to your situation, and assist you in determining the best option for your son.

      I hope this information is of some assistance.

  15. kunle says:

    Good Day,
    My brother was accepted to Grade 7.
    i am above 18 years with a valid study permit. is it possible to a guardianship on my mu brother custodianship declaration documents.
    Can i stand as a guardianship for him since am having a valid study permit ?
    Thank you

    • Blake McClung says:

      Dear Kunle,

      Thank you for your comment and for your interest in our website.

      As you likely already know, normally the custodian must be a Canadian Citizen or Permanent Resident. However most custodians are not related to the applicant. You should contact Immigration, or your Immigration counsel, to see what the rules are in your situation. If a Citizen or Permanent Resident are required, perhaps you can find a friend willing to assist you and your Brother. Presumably they would only be called upon if you were unavailable.

      I hope this is of some assistance.

  16. Karwan says:

    Hello my dear
    I will go to study in
    Canada and l will
    accompany my wife and
    child (baby girl with 8
    months), the application
    visa appears the
    Custodian Declaration
    imm 5646 for my baby,
    but l don’t know why?
    Because we will travel
    together, my program is
    diploma (2 years full-
    time), please could you
    tell me what should we
    do? what types of visa
    is right for my baby girl?

    • Blake McClung says:

      Dear Karwan,

      Thank you for your comment and for your interest in our website.

      Unfortunately, we cannot give you any legal advice concerning your immigration matters. That said, you might wish to check again with Immigration or do a little more reading on their website as it seems unlikely that a baby accompanied by her parents would require a custodian. Generally a custodian is required when the parents are absent. If you can;t find the answer with Immigration, you may wish to seek counsel from an Immigration lawyer.

      I hope this is of some assistance.

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