Custodianship for Minor Students in Toronto

Custodianship for Minor Students in Toronto: A Complete Guide for International Families

Toronto, the largest city in Canada and a global education hub, attracts thousands of international students every year. Its top-rated public and private schools, multicultural society, and reputation for safety make it an ideal destination for young learners. However, for students under 18 years old, Canada—and specifically the province of Ontario—has a crucial legal requirement: custodianship.

If you're a parent sending your child to study in Toronto, understanding custodianship is essential for both legal compliance and peace of mind. This comprehensive guide explains what custodianship is, why it’s required, how to set it up, and what to consider when choosing a custodian for your child.

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What is Custodianship for Minor Students in Toronto?

Custodianship is a legal arrangement in which a responsible adult in Canada is designated to care for and make decisions on behalf of an international student under 18 years of age while they study in Canada. This adult is called a custodian.

Custodianship is not the same as legal guardianship in Canadian family law. It is more limited in scope, focusing on the student’s safety, well-being, and ability to access services while studying in Canada. Nevertheless, it is a serious legal responsibility that requires formal documentation and approval.

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Why is Custodianship for Minor Students in Toronto Required ?

In Ontario, the age of majority is 18. Any student younger than 18 is considered a minor and cannot live independently or be responsible for themselves. Immigration, Refugees and Citizenship Canada (IRCC) and Toronto school boards require proof that the student has a responsible adult—known as a custodian—living in Canada.

Custodianship ensures that a minor: Custodianship for Minor Students in Toronto

• Has someone to make medical and academic decisions

• Has emergency support

• Lives in a safe and stable environment

• Can access services and comply with Canadian law

Without a custodian, a study permit application for a minor will be refused, and schools will not accept enrollment.

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Who Needs a Custodian?

Custodianship is required for:

• International students under 18 who are studying at any public, private, or post-secondary institution in Toronto.

Custodianship is not required for students who are over 18, but some institutions still recommend having one, especially during the initial transition.

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Who Can Be a Custodianship for Minor Students in Toronto?

To be eligible as a custodian, a person must: Custodianship for Minor Students in Toronto

• Be a Canadian citizen or permanent resident

• Be over 19 years of age

• Reside in the same city or region as the student (in this case, the Greater Toronto Area)

• Be able to provide support, supervision, and act in place of the parents in emergencies

Common custodians include:

• Relatives living in Toronto

• Family friends

• Homestay hosts

• Professional custodianship service providers

It’s essential to choose someone trustworthy, experienced, and legally eligible.

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Responsibilities of a Custodian

Custodians act as the local support system for the student. Their responsibilities include:

1. Emergency Support: Custodianship for Minor Students in Toronto

• Being available 24/7 in case of illness, injury, or emergencies

• Authorizing medical treatment when necessary

2. School Involvement

• Receiving school communications

• Attending parent-teacher interviews

• Approving academic plans or disciplinary decisions

3. Living Arrangements

• Ensuring the student’s living situation is safe and comfortable

• Helping with housing if a move is necessary

4. Legal and Practical Support: Custodianship for Minor Students in Toronto

• Signing permission forms

It is not necessary for the custodian to live with the student, but they must be available and accessible at all times.

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How to Appoint a Custodian: Step-by-Step

Appointing a custodian involves legal documentation that must be submitted both to IRCC and the student’s school.

Step 1: Choose a Custodian

Select someone who meets the legal requirements and is willing to accept the responsibilities.

Step 2: Complete the Custodianship Declaration (IMM 5646)

This is the official form required by IRCC.

•  To be completed and notarized by the parents/legal guardians in the student’s home country.

Step 3: Notarize the Documents

Each section must be notarized by a lawyer, notary public, or commissioner of oaths. Unnotarized forms will be rejected.

Step 4: Submit With Study Permit Application

The completed Custodianship Declaration must be submitted as part of the student’s study permit application.

Step 5: Submit to the School

Toronto school boards also require a copy of the custodianship declaration before accepting a student.

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Types of Custodianship Services in Toronto

Depending on your family’s situation, you can choose from several types of custodianship arrangements.

1. Family or Friends

Pros:

• Familiarity and emotional support

• May be free or low-cost

Cons: Custodianship for Minor Students in Toronto

• May lack experience with Canadian systems

• Must be legally eligible and reliable

2. Homestay Guardians: Custodianship for Minor Students in Toronto

Some homestay hosts offer custodianship as part of their services.

Pros:

• One-stop solution (housing + care)

• Daily support and supervision

Cons:

• Not all homestays are certified custodians

• Boundaries must be clearly defined

3. Professional Custodianship Providers

These are companies or agencies that specialize in guardianship and custodianship services for international students.

Pros:

• Experienced in immigration, health, and education

• Available 24/7 for emergencies

• Often include regular reporting to parents

Cons: Custodianship for Minor Students in Toronto

• Annual costs typically range from $1,000 to $2,500 CAD

• May be more formal and less personal

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Custodianship and School Admission in Toronto

1. Toronto District School Board (TDSB)

• Requires custodianship documents for any student under 18

• Will not issue an admission letter without a valid declaration

2. Toronto Catholic District School Board (TCDSB)

• Similar requirements as TDSB

• Additional pastoral support for younger students

3. Private Schools in Toronto

• Many offer custodianship referrals or internal services

• Admission is contingent on valid documentation

Always check with the school’s international admissions office for specific requirements.

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Immigration and Custodianship for Minor Students in Toronto

When applying for a study permit, minor students must demonstrate they will be cared for in Canada. IRCC requires:

• A letter of acceptance from a school

• A custodianship declaration (IMM 5646)

• Proof of financial support

• Valid passport and photographs

Incomplete or improperly notarized custodianship documents are one of the top reasons study permits for minors are delayed or rejected.

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How Much Does Custodianship Cost?

Costs vary depending on the arrangement:

Professional services may also include monthly reports, emergency response, and school communication.

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Choosing a Reliable Custodianship for Minor Students in Toronto

When choosing a custodian, consider the following:

• Availability: Can they respond quickly in emergencies?

• Location: Are they within Toronto or nearby?

• Experience: Have they worked with international students before?

• Background: Do they have a clean criminal record?

• Communication: Will they keep parents informed?

If using a service provider, ask for: Custodianship for Minor Students in Toronto

• A written agreement

• List of included services

• Emergency contact details

• Refund policy

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Changing Custodians

If the student’s custodian changes, it’s essential to:

1. Update the IMM 5646 form

2. Have it notarized again by both parties

3. Notify IRCC (if visa is still in process)

4. Inform the school immediately

Failing to update custodianship information can cause issues with school enrollment and immigration compliance.

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Common Mistakes to Avoid: Custodianship for Minor Students in Toronto

• Submitting non-notarized documents

• Choosing a custodian who lives far from the student

• Failing to inform the school about the custodian

• Assuming homestay equals custodianship automatically

• Not preparing custodianship documents in advance of study permit submission

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Frequently Asked Questions

Can one custodian be responsible for multiple students?

Yes, as long as they can adequately care for and respond to each student’s needs. Some schools may limit how many students one custodian can support.

Is a custodian legally liable for the student?

Yes, custodians have legal responsibilities, especially for emergencies and school issues. They may not be financially liable but must act in the student’s best interests.

Do students need to live with the custodian?

Not necessarily. The custodian must live close enough to offer support and respond in emergencies, but the student can live in a homestay, with relatives, or at a boarding school.

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Conclusion

Custodianship is an essential requirement for international students under 18 studying in Toronto. It ensures that students are safe, supported, and able to access the services they need while living away from their families. Whether the custodian is a family friend, a homestay provider, or a professional service, they play a vital role in the student’s academic journey and well-being.

Parents should take the time to carefully choose a custodian, prepare legal documents properly, and communicate expectations clearly. With the right custodian in place, international students can enjoy a successful and fulfilling education experience in Toronto.

In case, if you need help with Custodianship for Minor Students in Toronto or other cities of Canada, please fill in application below or contact us directly.