Custodianship Declaration Form Canada

Understanding the Custodianship Declaration Form (IMM 5646) in Canada: A Complete Guide for Parents and Students

Canada continues to be one of the top destinations for international education, attracting thousands of students from all over the world to its public and private schools. However, international students under the age of 18—who are legally considered minors—must meet an important legal requirement before they are allowed to study in the country: they must have a custodian.

At the heart of this requirement is the Custodianship Declaration Form (IMM 5646), a legal document that must be submitted to Immigration, Refugees and Citizenship Canada (IRCC) as part of the minor’s study permit application. Completing and submitting this form correctly is critical for ensuring the student’s admission and legal stay in Canada.

This guide offers a detailed explanation of the Custodianship Declaration Form—what it is, how it works, how to fill it out, and common issues to avoid.

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1. Custodianship Declaration Form in Canada Overview

The Custodianship Declaration Form IMM 5646 is a legal affidavit required by IRCC for all international students under the age of 18 (or 19 in some provinces) who plan to study in Canada. It confirms that the minor will be under the care of a Canadian citizen or permanent resident while living and studying in Canada.

The form has two parts: Custodianship Declaration Form Canada

• Part One: To be completed by the custodian in Canada

• Part Two: To be completed by the student’s parents or legal guardians in the home country

Both parts must be notarized to be accepted by Canadian immigration authorities.

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2. Why is the Custodianship Declaration Form in Canada Important?

Canadian law requires that minor students not be left unsupervised while studying in the country. The form:

• Proves that the student will be supervised and supported

• Legally appoints a custodian in Canada

• Is necessary to obtain a study permit

• Must be accepted by the school the student is enrolling in

Without this form, the student’s study permit may be denied, and the school may refuse enrollment.

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3. Who Must Submit the IMM 5646 Form( Custodianship Declaration Form Canada) ?

• Is under 18 years of age (in Ontario, Alberta, Manitoba, Quebec, and other provinces with 18 as the age of majority)

• Is not living in Canada with a parent or legal guardian

• Is attending any school, whether public, private, or boarding

 In British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon, the age of majority is 19.

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4. Who Can Act as a Custodian?

To be a valid custodian under Canadian immigration rules, the individual must:

• Be a Canadian citizen or permanent resident

• Be at least 19 years old

• Reside in the same general area as the student

• Be willing and able to fulfill their responsibilities

Custodians are often:

• Family members

• Close family friends

• Homestay hosts

• Professional custodianship service providers

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5. Responsibilities of a Custodian

By signing the IMM 5646 form, a custodian accepts serious legal responsibilities:

• Emergency decision-making: They must be reachable 24/7 and authorized to act on behalf of the parents during medical or legal emergencies.

• School communication: They must attend meetings, respond to concerns, and authorize changes in academic plans.

• General supervision: Although not required to live with the student, they must regularly monitor their living conditions and well-being.

It is not simply a formal requirement—custodians must actively participate in the student’s life in Canada.

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6. Overview of IMM 5646 Form Structure: Custodianship Declaration Form Canada

Part One: To be signed by the Custodian in Canada

This section includes:

• Custodian’s full legal name

• Address in Canada

• Phone and email contact

• A declaration affirming their acceptance of full custodial responsibility

• Notarized signature

Part Two: To be signed by the Parents or Legal Guardians

This section includes:

• Parents' full names and contact information

• Statement confirming the appointment of the custodian

• Student’s name, age, and study location

• Notarized signatures of both parents (or legal guardians)

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7. How to Fill Out and Submit IMM 5646: Custodianship Declaration Form Canada

Step-by-Step Process:

Step 1: Find a Custodian

• Must be arranged before applying for the study permit

• Choose someone responsible, available, and close to the student’s school/home

Step 2: Complete the Form (IMM 5646)

• Available on the official IRCC website

• Download the PDF and type directly or print and fill manually

Step 3: Notarize Both Parts

• Part One: Must be notarized in Canada

• Part Two: Must be notarized in the student’s home country

• Use authorized professionals: notary public, commissioner of oaths, or lawyer

Step 4: Submit the Form

• Submit electronically through the IRCC portal

• Also provide copies to the school for admission processing

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8. Notarization Tips and Best Practices: Custodianship Declaration Form Canada

What is notarization?

It is the official verification of the signatures by a legal authority, certifying that the documents are authentic and were signed willingly.

Where to notarize:

• In Canada: Local notary public, lawyer, or commissioner of oaths

• Abroad: Authorized officials recognized in your country, such as embassies or licensed notaries

What to prepare:

• Two forms of ID (passport and local ID)

• Completed IMM 5646 form

• Appointment (many notaries require one)

Estimated Cost:

• $50 to $150 CAD per document in Canada

• $30 to $100 USD or local equivalent abroad

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9. Common Mistakes to Avoid: Custodianship Declaration Form Canada

• Incomplete form: Missing details or unchecked boxes

• Unsigned fields: All pages must be signed by relevant parties

• Notarizing only one part: Both Part One and Part Two must be notarized

• Submitting outdated versions: Always use the latest form from the IRCC website

• Submitting without translation: If filled in another language, include certified English or French translations

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10. Can You Change Custodians Later?

Yes. If the custodian changes due to relocation, personal reasons, or other circumstances, the following must be done:

• Complete a new IMM 5646 form

• Have both parts notarized again

• Submit updated documents to IRCC (especially if the permit is still being processed)

• Notify the school administration

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11. Sample Scenarios

Scenario 1: Homestay Parent as Custodian

A 16-year-old student from Brazil will study in Toronto and live with a homestay family. The homestay mother agrees to be the custodian.

• She completes Part One of IMM 5646

• The student’s parents in Brazil complete Part Two

• Both sections are notarized and submitted with the study permit application

Scenario 2: Using a Professional Custodian: Custodianship Declaration Form Canada

A student from Japan enrolls at a Toronto private school. The school recommends a professional custodianship agency.

• The agency provides a custodian

• The form is prepared, notarized, and included with the application

• The custodian communicates with the school and parents throughout the year

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12. Is Custodianship a Legal Guardianship?

No. Custodianship is not equivalent to full legal guardianship under Canadian family law. Custodians have responsibilities limited to:

• Emergency decisions

• Academic support

• Day-to-day guidance

Legal guardianship would involve court orders and permanent authority, which custodianship does not grant.

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13. Provincial Age of Majority in Canada: Custodianship Declaration Form Canada

Make sure you comply with the provincial rules based on where the student will be studying.

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14. When is the IMM 5646(Custodianship Declaration Form Canada) Not Required?

You do not need to submit this form if: Custodianship Declaration Form Canada

• The student is 18 or older (or 19 depending on province)

• The student is living in Canada with a parent or legal guardian

• The student is coming for short-term summer programs without a study permit (but schools may still require proof of supervision)

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15. Conclusion

The Custodianship Declaration Form (IMM 5646) is more than just a piece of paperwork—it’s a key legal safeguard for international students studying in Canada without their parents. Properly completed and notarized, it ensures that your child will be cared for, supported, and safe while studying in Canada.

From choosing the right custodian to avoiding common errors and understanding Canadian law, this guide equips you to handle the process confidently and smoothly. Whether you are a parent, custodian, school representative, or agent, taking the time to understand the custodianship form can prevent delays, refusals, and legal complications.

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