The IMM 5646 Custodian Declaration is a two-page notarized form that appoints a responsible adult in Canada to care for a minor international student whose parents remain abroad. The custodian signs page 1 before a Canadian notary, the parents sign page 2 before a notary in their home country, and both notarized pages are uploaded with the study permit application through the applicant’s IRCC portal account.
When You Actually Need the Form
A child under 17 who will study in Canada without a parent or legal guardian must have an appointed custodian. No exceptions.1Immigration, Refugees and Citizenship Canada. Studying in Canada as a Minor For students who are 17 or older but still below the age of majority in the province where they will study, the form is optional, but an immigration officer can request one on a case-by-case basis.
The age of majority is 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan, and 19 in British Columbia, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, and the Yukon.2Department of Justice Canada. The Federal Child Support Guidelines: Step-by-Step The province where the school sits is what counts. A 17-year-old going to Ontario would not technically need the form; the same student going to British Columbia would very likely be asked for it.
Who Can Serve as a Custodian
The custodian must be a Canadian citizen or permanent resident and at least 19 years old.3Immigration, Refugees and Citizenship Canada. Guide 5552 – Applying to Change Conditions or Extend Your Stay in Canada as a Student A friend or relative in Canada on a work permit, study permit, or visitor visa does not qualify. The custodian must also live within a reasonable distance of the student’s residence and school so they can respond in an emergency.4Toronto District School Board. IMM 5646 Custodianship Declaration
Many families choose a relative, a family friend who immigrated earlier, or a custodian arranged through the school. Some designated learning institutions keep lists of approved custodians or custodianship agencies for families who do not have a personal contact in Canada.
Filling Out the Two Pages
Download the current PDF from the IRCC website.5Immigration, Refugees and Citizenship Canada. Custodian Declaration Form (IMM 5646) Each page is completed by a different party.
Page 1: The Custodian in Canada
Page 1 collects the custodian’s full legal name, date of birth, Canadian status (citizen or permanent resident), home address, and telephone number. It also asks for the student’s name, date of birth, citizenship, and the name and address of the school in Canada.4Toronto District School Board. IMM 5646 Custodianship Declaration By signing, the custodian declares they will take on full custodianship of the student during the stay and that they live close enough to the student’s residence and school to fulfill that role in an emergency.
Page 2: The Parents or Legal Guardians Abroad
Page 2 captures the parents’ or guardians’ names, home addresses, and telephone numbers. There are spaces for two parents or guardians, and the form says “preferably from both.”4Toronto District School Board. IMM 5646 Custodianship Declaration By signing, the parents confirm they grant custodianship to the named individual and are satisfied the custodian lives within a reasonable distance of the child’s school and residence. Both pages are required.3Immigration, Refugees and Citizenship Canada. Guide 5552 – Applying to Change Conditions or Extend Your Stay in Canada as a Student
Getting Each Page Notarized
Neither page is valid without proper notarization, and this is where most applications run into trouble. The custodian and the parents are usually in different countries and have to get their page witnessed separately.
The custodian signs page 1 before a notary public or commissioner of oaths in Canada. The notary applies an official seal after confirming the custodian is a Canadian citizen or permanent resident, is over 19, and lives at the address stated on the form.4Toronto District School Board. IMM 5646 Custodianship Declaration A commissioner of oaths in some provinces can only witness documents for use within that province, while a notary public has broader authority. When in doubt, use a notary public.
The parents sign page 2 before a notary public or equivalent legal official authorized to administer oaths in their home country. Because the two pages are notarized in different places, they then need to be reunited, usually by scanning and sharing digitally, before they are uploaded together. Keep the original notarized hard copies. An officer may request the physical documents later, and the student should carry them when traveling to Canada.
Submitting the Form With the Study Permit Application
The notarized IMM 5646 is one of several supporting documents filed with the study permit application. Other required items include a letter of acceptance from a designated learning institution and proof of financial support.6Immigration, Refugees and Citizenship Canada. Study Permit: Get the Right Documents
IRCC strongly encourages online filing.7Immigration, Refugees and Citizenship Canada. Application to Study in Canada – Study Permits Upload scanned copies of both notarized pages through your IRCC account as part of the supporting documents checklist.
The study permit application fee is $150 CAD per person.8Immigration, Refugees and Citizenship Canada. Citizenship and Immigration Application Fees Most applicants also need to provide biometrics, which costs an additional $85 CAD for an individual.9Immigration, Refugees and Citizenship Canada. Biometrics There is no separate fee for the IMM 5646 itself, though the notary will charge for witnessing the signatures. A missing or improperly notarized custodian declaration can cause delays or have the file returned.
What the Custodian Is Agreeing To
Signing the IMM 5646 does not create a permanent guardianship or transfer parental rights. It is a temporary oversight role, recognized by IRCC for the duration of the student’s stay, that gives the custodian authority to act on behalf of the child in specific situations.
The custodian agrees to arrange care and support for the student in place of the parents.4Toronto District School Board. IMM 5646 Custodianship Declaration In practice that means adequate housing, day-to-day supervision, and being the primary local contact for the school on academic and behavioral matters. The custodian can also authorize emergency medical treatment when the parents cannot be reached, which matters because hospitals and clinics in Canada need consent from a responsible adult before treating a minor. The custodian does not gain the broad legal authority a court-appointed guardian would have, and the parents retain their parental rights throughout.
Bringing the Form to the Border
A minor student should carry a physical copy of the notarized IMM 5646 when entering Canada. A border services officer may not always ask to see it, but IRCC strongly recommends having it available.10Immigration, Refugees and Citizenship Canada. Minor Children Travelling to Canada If the officer is not satisfied that the parents authorized the child’s stay, the minor can be denied entry. Carry the original notarized pages alongside the letter of acceptance and proof of financial support.
If the Custodian Changes During the Stay
If a custodian can no longer fulfill the role, whether because they move, have a change in circumstances, or the student transfers to a school in a different province, a new IMM 5646 must be completed and notarized with the replacement custodian’s information. IRCC does not publish a specific procedure for mid-stay custodian changes, but the logic follows from the original rule: a minor under 17 must have a custodian in Canada at all times.1Immigration, Refugees and Citizenship Canada. Studying in Canada as a Minor Submit the new form through the IRCC portal account as an additional document.11Immigration, Refugees and Citizenship Canada. How Do I Upload Documents to My IRCC Portal Account
Consequences of False Information
Providing false information on the IMM 5646, or anywhere in the study permit application, carries serious consequences. Under section 40 of the Immigration and Refugee Protection Act, misrepresenting or withholding material facts makes a foreign national inadmissible for five years following a final determination of inadmissibility.12Department of Justice Canada. Immigration and Refugee Protection Act – Section 40 During that period, the person cannot apply for permanent resident status. Naming a custodian who does not actually intend to fulfill the role, or fabricating a custodian’s address to make it look closer to the school, are exactly the kinds of material misrepresentations that trigger this provision.