IMM 5646 – Custodian Declaration – Custodial Parents/Guardians for Minors studying in Canada

1. What is IMM 5646 Custodian Declaration form?

The IMM 5646 Custodian Declaration form is a document required by the Canadian government for minors who are studying in Canada without a parent or legal guardian present. This form is filled out by the designated custodian who will be responsible for the minor during their time in Canada. The purpose of this form is to ensure that minors have appropriate care and support while they study in Canada, as well as to provide information about who will be responsible for them in the absence of their parents or legal guardians. It is a crucial document in the process of obtaining a study permit for minors studying in Canada without their parents.

2. Who needs to fill out the IMM 5646 form?

The IMM 5646 form must be filled out by the custodial parent or legal guardian of a minor child studying in Canada. This form is a declaration that confirms the custodial arrangement for the child while they are in Canada. It is required by the Canadian government to ensure that the child has proper custodial care and support during their stay in the country. Failure to submit this form could result in delays or complications in the child’s immigration process or study permit application. It is important for the custodial parent or legal guardian to accurately complete the IMM 5646 form to provide the necessary information about the child’s care arrangements while studying in Canada.

3. What is the purpose of the Custodian Declaration form for minors studying in Canada?

The purpose of the Custodian Declaration form for minors studying in Canada, such as the IMM 5646, is to ensure that international students under the age of majority have a designated custodian who will take responsibility for them while they are in the country. This form is a legal document that confirms that a custodian, who can be a family member, a family friend, or a designated guardian, is willing and able to provide care, support, and accommodation for the minor student during their stay in Canada. The Custodian Declaration form helps Canadian authorities ensure the safety and wellbeing of minors while they are studying in Canada, as well as ensures that there is someone who can make decisions on behalf of the minor in case of emergencies or other unforeseen circumstances.

4. How do custodial parents/guardians submit the IMM 5646 form?

Custodial parents or guardians can submit the IMM 5646 form by following these steps:

1. Download the IMM 5646 form from the official Immigration, Refugees and Citizenship Canada (IRCC) website.
2. Fill out all the required fields accurately, providing information about the custodial relationship with the minor studying in Canada.
3. Ensure all necessary supporting documents, such as proof of custody or guardianship, are included with the form.
4. Submit the completed form and supporting documents either electronically through the IRCC website or by mail to the appropriate IRCC office.

It is essential to provide complete and accurate information on the form to facilitate the processing of the minor’s study permit application. Failure to submit the necessary documentation may result in delays or the rejection of the application.

5. Can a non-relative serve as a custodian for a minor studying in Canada?

1. Yes, a non-relative can serve as a custodian for a minor studying in Canada. However, certain conditions must be met to fulfill the requirements set by Immigration, Refugees, and Citizenship Canada (IRCC).
2. The non-relative custodian must be a Canadian citizen or a permanent resident of Canada.
3. The custodian must be at least 18 years old and be able to provide care and support for the minor while they are studying in Canada.
4. The custodian must also be willing to take on the responsibility of acting in the best interests of the minor and ensuring their well-being during their stay in Canada.
5. Additionally, the custodian may be required to complete the IMM 5646 Custodian Declaration form, providing information about themselves and their relationship to the minor, as well as agreeing to the terms and conditions set by the IRCC.

6. What documents need to be provided along with the IMM 5646 form?

When submitting the IMM 5646 form as a custodial parent or guardian for a minor studying in Canada, several important documents need to be provided to support the application. These documents typically include:

1. Copies of the minor’s birth certificate or adoption papers to verify their identity and relationship to the custodial parent or guardian.
2. A copy of the custodial parent or guardian’s valid passport or other government-issued identification to prove their own identity.
3. Proof of custody or legal guardianship, such as a court order or written agreement, to demonstrate the custodial arrangement for the minor.
4. A letter of consent from any non-accompanying parent or guardian, authorizing the minor to study in Canada under the care of the custodial parent or guardian.
5. Additional supporting documents may also be required depending on the specific circumstances of the case.

It is crucial to ensure that all required documents are accurately completed and submitted along with the IMM 5646 form to avoid delays or complications in the processing of the application.

7. Can custodial arrangements be changed after submitting the form?

Yes, custodial arrangements can be changed after submitting the IMM 5646 form in certain circumstances. While the form acts as a formal declaration of custodianship at the time of application for a minor studying in Canada, it is understood that family circumstances may change over time. If there is a need to change custodial arrangements after the form has been submitted, the custodial parent or legal guardian should inform the relevant authorities, such as the school, immigration authorities, or any other involved parties, about the change in writing. The new custodial arrangement would need to be properly documented and legally recognized to ensure the ongoing well-being and care of the minor student while studying in Canada. It is recommended to seek legal advice or guidance from relevant authorities when making changes to custodial arrangements to ensure compliance with Canadian laws and regulations.

8. What information is required on the Custodian Declaration form?

The Custodian Declaration form, as required for minors studying in Canada, typically includes the following necessary information:
1. The personal details of the custodian, such as their full name, contact information, relationship to the minor, and citizenship status.
2. The minor’s details, including their full name, date of birth, and country of citizenship.
3. Information about the minor’s study plans in Canada, such as the name of the school or institution they will be attending and the program of study.
4. A declaration confirming that the custodian agrees to take responsibility for the minor during their stay in Canada, including providing for their care, accommodation, and support.
5. Signatures of both the custodian and the minor’s parent or legal guardian, acknowledging their agreement to the terms outlined in the declaration form.

It is essential to ensure that all required fields on the Custodian Declaration form are accurately completed to facilitate the minor’s enrollment and stay in Canada for study purposes.

9. Is it mandatory to have a custodian for minors studying in Canada?

Yes, it is mandatory for minors studying in Canada to have a custodian. A custodian is required to ensure the well-being and care of the minor while they are residing in Canada for their studies. The custodian is responsible for providing a stable environment, overseeing the minor’s daily needs, and acting in their best interests in case of emergencies or unforeseen situations. Having a custodian in place demonstrates that there is a designated individual who can provide support and assistance to the minor during their time in Canada. This requirement is in place to safeguard the welfare of the minors and provide a sense of security for both the minors and their parents or guardians while they are studying abroad.

10. What are the responsibilities of the custodian outlined in the IMM 5646 form?

The responsibilities of the custodian outlined in the IMM 5646 form are as follows:

1. Providing for the minor’s care, both physical and emotional, while they are studying in Canada.
2. Ensuring the minor’s safety and well-being during their time in Canada.
3. Taking responsibility for the minor’s activities and decisions while they are in the custodian’s care.
4. Assisting the minor with any issues or emergencies that may arise during their stay in Canada.
5. Notifying the relevant authorities in the event of any changes in the minor’s circumstances, such as a change of address or contact information.
6. Following all relevant laws and regulations concerning the custody and care of minors in Canada.

Overall, the custodian plays a crucial role in providing support and guidance to the minor while they are studying in Canada, ensuring that they have a safe and positive experience during their time away from home.

11. How long is the Custodian Declaration form valid for?

The Custodian Declaration form (IMM 5646) is typically valid for one year from the date it is signed by the custodian. This means that the custodian declaration form must be completed and signed within one year of the minor’s application for a study permit to study in Canada. It is important to ensure that the form is up to date and not expired at the time of submission, as an expired form may result in delays or complications in the study permit application process. Additionally, it is recommended to submit a new and updated custodian declaration form if the minor’s study permit is extended beyond the original validity period of the form.

12. Can the custodian be responsible for multiple minors studying in Canada?

Yes, a custodian can be responsible for multiple minors studying in Canada. However, it is important to ensure that the custodian has the capacity to adequately care for and support each minor under their guardianship. This includes providing for their basic needs, such as accommodation, food, and healthcare, as well as fulfilling any legal and educational responsibilities.

1. The custodian must be able to give equal attention and care to each minor under their care.

2. They should have the ability to make decisions in the best interest of each minor individually, taking into account their unique needs and circumstances.

3. The custodian must also be able to effectively communicate with each minor, as well as with relevant authorities and institutions, regarding their well-being and academic progress.

Overall, while it is possible for a custodian to be responsible for multiple minors studying in Canada, it is crucial that they have the necessary resources, support, and capability to fulfill their duties effectively for each minor under their guardianship.

13. What happens if the custodian is unable to fulfill their responsibilities?

If a custodian is unable to fulfill their responsibilities as outlined in the IMM 5646 form, it can have serious implications for the minor studying in Canada. If the custodian is unable to provide care, support, and supervision for the minor, it may lead to concerns regarding the safety and well-being of the minor. In such cases, it is important for alternative arrangements to be made promptly to ensure that the minor’s needs are met.

Possible steps to take if a custodian is unable to fulfill their responsibilities include:

1. Contacting the designated person or organization listed as the emergency contact on the IMM 5646 form.
2. Notifying the relevant authorities, such as immigration officials or child welfare services, about the situation.
3. Arranging for temporary guardianship or care by another responsible adult who is willing and able to provide for the minor’s needs.

Overall, it is crucial to address any issues with custodial responsibility promptly and effectively to safeguard the well-being of the minor studying in Canada.

14. Can the custodian be located outside of Canada?

Yes, the custodian can be located outside of Canada. However, there are certain requirements that need to be met for a custodian located outside of Canada to be considered acceptable for the purposes of studying in Canada as a minor:

1. The custodian must be a Canadian citizen or a permanent resident of Canada.
2. The custodian must provide a signed Custodian Declaration form (IMM 5646).
3. The custodian must agree to act as the custodian for the minor while they are studying in Canada, taking on the responsibilities outlined in the declaration form.
4. The custodian must be at least 18 years of age.

It is important to note that the custodian declaration is a legal document, and providing false information or failing to meet the requirements can result in complications for the minor’s study permit application.

15. Is there a fee associated with submitting the IMM 5646 form?

Yes, there is a fee associated with submitting the IMM 5646 form. The current processing fee for this form is $150 CAD per custodian when submitting an application for a study permit for a minor child studying in Canada. It is important to ensure that the fee is paid in full and that proof of payment is included with the application to avoid any delays in processing. Additionally, it’s essential to check the most up-to-date fee information on the official Government of Canada website to ensure accurate payment. Failure to pay the correct fee can result in the application being returned or refused.

16. Can a custodian be changed after the minor has arrived in Canada?

Yes, a custodian for a minor studying in Canada can be changed after the minor has arrived in the country. However, there are certain procedures and legal requirements that must be followed in order to do so:

1. The new custodian must meet the eligibility criteria set by the Canadian government, which includes being a Canadian citizen or a permanent resident, being at least 18 years of age, and not being inadmissible to Canada for any reason.

2. The current custodian and the minor’s parents or legal guardians must agree in writing to the change of custodian and sign any necessary documentation to legally transfer custodianship.

3. The minor may also need to provide consent to the change of custodian, depending on their age and level of understanding.

4. It is important to notify the relevant authorities, such as the school the minor is attending and the immigration authorities, of the change in custodian to ensure that the minor’s legal status in Canada is not affected.

Overall, while it is possible to change the custodian for a minor studying in Canada after their arrival, it is essential to comply with all the legal requirements and procedures to ensure the minor’s well-being and legal status in the country.

17. Are there any age restrictions for who can serve as a custodian?

Yes, there are age restrictions for who can serve as a custodian for a minor studying in Canada. The custodian must be at least 18 years of age or older. This requirement is in place to ensure that the custodian has the legal capacity to fulfill their responsibilities and obligations towards the minor child. Being of legal age also provides assurance that the custodian can make informed decisions on behalf of the minor and act in their best interests. It is essential for the custodian to be mature, responsible, and capable of providing a safe and supportive environment for the minor while they study in Canada.

18. How long does it typically take to process the Custodian Declaration form?

The processing time for the Custodian Declaration form, IMM 5646, can vary depending on several factors. Typically, the processing time ranges from 4 to 12 weeks. However, this timeframe is not fixed and may be subject to change based on the volume of applications received by the immigration authorities, completeness of the submitted documentation, and the specific circumstances of the case. It is important for applicants to ensure that all required documents are included and accurately filled out to avoid delays in processing. It is also recommended to submit the form well in advance of the intended travel date to allow for sufficient processing time.

19. Are there any specific requirements for the custodian’s accommodation in Canada?

Yes, there are specific requirements for the custodian’s accommodation in Canada when it comes to the IMM 5646 form. The custodian must provide proof of their Canadian citizenship, permanent residency, or a valid work or study permit. Additionally, the custodian must demonstrate that they have adequate living arrangements to accommodate the minor child, such as a suitable and safe living environment with enough space for the child. It is important that the custodian can provide a stable and supportive home for the child while they are studying in Canada.

1. The custodian should ensure that they have the necessary documentation to prove their relationship to the minor child, as well as their ability to provide for the child’s needs during their stay in Canada.

2. The accommodation should meet basic standards of living, including access to amenities such as running water, electricity, heating, and appropriate furnishings.

3. If the custodian is living in a shared household, they should be able to demonstrate that there is adequate space and privacy for the minor child.

4. The custodian should also be prepared to provide information on the child’s access to healthcare, education, and any other essential services while in Canada.

By meeting these specific requirements for the custodian’s accommodation in Canada, the custodial parent or guardian can help ensure a smooth and successful stay for the minor child studying in the country.

20. What should custodial parents/guardians do if there are changes to the custodial arrangements while the minor is studying in Canada?

Custodial parents/guardians should promptly inform the relevant authorities and educational institutions in Canada about any changes to the custodial arrangements while the minor is studying in the country. This is important to ensure that the minor’s immigration status and welfare are properly managed and safeguarded. The following steps should be taken:

1. Contact the Designated Learning Institution (DLI) where the minor is enrolled and notify them of the changes in custodial arrangements.
2. Inform the Immigration, Refugees, and Citizenship Canada (IRCC) by submitting updated documentation regarding custody arrangements.
3. Seek legal advice if necessary to understand the implications of the changed custody arrangements on the minor’s stay in Canada.

By following these steps, custodial parents/guardians can ensure that the minor’s well-being and legal status in Canada are not compromised due to changes in custodial arrangements.