Minor Children Studying in Canada: Custodianship and Study Permit Rules Explained
Sending a child to study in another country can be both exciting and stressful. Parents may worry about school admission, immigration documents, housing and who will care for their child in Canada.
These concerns become especially important when a minor child will travel without a parent or legal guardian. A school acceptance letter alone may not be enough. Depending on the child’s age and circumstances, the family may also need a study permit, a Canadian custodian and written travel authorization.
This 101 Legal Ways guide explains the main federal immigration requirements for minor children studying in Canada. It also helps families understand the difference between school admission, immigration permission and custodianship.
A Realistic Scenario: Mateo Plans to Attend High School in Ontario
Mateo is a fictional 16-year-old student from Colombia. He receives an acceptance letter from a secondary school in Ontario and plans to live with a family friend while his parents remain outside Canada.
Mateo’s parents initially believe that naming the family friend as his homestay contact will be enough. However, because Mateo is under 17 and will not be accompanied by a parent or legal guardian, Canadian immigration guidance generally requires him to have a custodian in Canada.
The family friend must meet the custodian requirements and complete the official custodianship declaration. Mateo’s parents must also complete their part of the form. Both sections must be notarized in the appropriate countries.
Mateo’s situation shows why families should examine the immigration rules before making final travel and housing arrangements.
Who Is Considered a Minor Child in Canada?
The age of majority is not the same across Canada. A person remains a minor until reaching the age of majority in the province or territory where they will study.
The age of majority is 18 in:
- Alberta
- Manitoba
- Ontario
- Prince Edward Island
- Quebec
- Saskatchewan
The age of majority is 19 in:
- British Columbia
- New Brunswick
- Newfoundland and Labrador
- Northwest Territories
- Nova Scotia
- Nunavut
- Yukon
For example, an 18-year-old student may be an adult in Ontario but still considered a minor in British Columbia.
Parents should check the age rules for the child’s destination instead of relying only on the rules in their home country.
Source: IRCC guidance for minor children studying in Canada
School Admission, Study Permits and Custodianship Are Different
Families can become confused because three separate issues may apply:
School admission
The school or school board decides whether to accept the student. An accepted student may receive a letter of acceptance.
Immigration permission
Immigration, Refugees and Citizenship Canada decides whether the child needs a study permit and whether the application meets federal requirements.
Care and support
Parents or legal guardians must show that the minor child will receive proper care and support while in Canada. A custodian may be required when the parents will not accompany the child.
Receiving admission from a Canadian school does not automatically provide a study permit or complete the custodianship process.
When Does a Minor Child Need a Custodian?
According to IRCC:
- A child under 17 must either travel with a parent or legal guardian or have a custodian in Canada
- A student who is 17 or older may still be asked to have a custodian
- Whether an older minor needs a custodian is decided case by case by an immigration officer
A family should not assume that a 17-year-old will never need a custodian. The student’s age, living arrangements, maturity and available support in Canada may all be relevant.
What Is a Canadian Custodian?
A custodian is a responsible adult in Canada who agrees to care for and support the minor student.
The official custodianship form states that the custodian must:
- Be a Canadian citizen or permanent resident
- Be at least 19 years old
- Live reasonably close to the child’s school and residence
- Accept responsibility for the child’s care and support while the child studies in Canada
A homestay host is not automatically a custodian. The same person may serve in both roles if they meet the immigration requirements and complete the proper documentation.
Custodianship for immigration purposes should also not be confused with permanent legal guardianship. Families facing custody disputes or complex parental authority questions may need independent legal advice.
How to Complete the Custodianship Declaration
IRCC uses the Custodianship Declaration for Minor Children Studying in Canada, also known as form IMM 5646.
The process generally involves two declarations:
- The proposed custodian signs the first page in Canada. The signature must be notarized by a lawyer or notary public.
- The child’s parents or legal guardians sign the second page in their home country. Their signatures must also be notarized.
The form asks for information about:
- The student
- The parents or legal guardians
- The proposed custodian
- The student’s Canadian school
- The student’s address in Canada
Families should download the current form directly from IRCC because government forms can change.
Official form: IMM 5646 Custodianship Declaration
Does Every Minor Child Need a Study Permit?
Not every minor needs a study permit in every situation. The answer depends on the child’s citizenship, location and the immigration status of the parents.
A study permit is generally required when a foreign minor:
- Comes to Canada alone to study
- Comes with a parent who only has visitor status
- Comes with a parent who has a work permit or study permit
- Is already in Canada with a parent who is only a visitor
Some minor children already in Canada may study without a study permit. Examples can include a child whose parent is authorized to work or study in Canada, a refugee claimant or a child taking a course lasting six months or less.
A child studying without a permit must still maintain valid immigration status when required.
Because the exceptions are detailed, parents should review the child’s exact situation rather than assuming the parent’s status automatically covers the child.
Sources: IRCC minor children guidance and IRCC rules for studying without a permit
Why Apply for a Study Permit When It May Not Be Required?
IRCC explains that obtaining a study permit may still provide practical benefits.
A permit can help a student:
- Continue studying after reaching the age of majority
- Apply for a work permit connected to an eligible secondary-school co-op program
- Access certain provincial or territorial social services, where available
A student who reaches the age of majority and wants to continue studying may need to apply for a study permit.
Families should plan for this transition before the child turns 18 or 19, depending on the province or territory.
Does the Child Need a Letter of Acceptance?
A minor applying for a study permit generally needs a letter of acceptance from a Canadian school.
There is an important exception. When a minor child outside Canada applies at the same time as a parent who is applying for a Canadian work permit or study permit, IRCC says the child may apply without including a letter of acceptance.
Families should still confirm admission requirements directly with the school or school board.
All Canadian primary and secondary schools are treated as designated learning institutions for study permit purposes. However, they do not appear individually on IRCC’s post-secondary DLI list.
Primary and secondary school students are also generally exempt from the provincial attestation letter or territorial attestation letter requirement.
How Long Is a Minor Student’s Study Permit Valid?
For primary school students, IRCC generally issues study permits for one year. The permit can be renewed.
For secondary school students, a permit may cover the intended study period up to a maximum of four years. In Quebec, the relevant secondary grades are generally Grades 9 to 11.
Students should apply to extend their study permits at least 90 days before the current permit expires.
If a permit expires before an extension application is submitted, the student may lose temporary resident status. Restoration may be possible within 90 days but it involves additional requirements and does not guarantee approval.
What Documents May Be Needed for Travel?
Immigration approval does not replace travel consent documents.
A minor travelling without either parent should normally carry:
- Their own passport
- A copy of their birth certificate
- A signed authorization letter from the parents or legal guardians
- The parents’ contact information
- The name, address and telephone number of the responsible adult in Canada
- Custodianship documents, when applicable
A child travelling with only one parent should normally carry written authorization from the non-travelling parent. A copy of that parent’s signed passport or identity document is also recommended.
Additional documents may be needed when:
- Parents share custody
- One parent has sole custody
- One parent is deceased
- The child is adopted
- Someone other than a parent is travelling with the child
A border officer may refuse entry if the officer is not satisfied that the parents or legal guardians authorized the child’s travel and stay.
Source: Government of Canada guidance for minor children travelling to Canada
What If Only One Parent Has Legal Authority?
Families with sole custody, joint custody or another parental arrangement should prepare clear evidence showing who has authority to make decisions for the child.
Depending on the circumstances, documents may include:
- A custody order
- A parenting agreement
- A court decision
- A notarized consent letter from the other parent
- A death certificate
- Adoption or guardianship documents
- Copies of signed government identification
Parents should make sure names, dates and relationships are consistent across all documents. Documents not written in English or French may need certified translations.
Source: IRCC guidance for parents travelling alone with a minor
Showing That the Child Will Be Properly Supported
Parents should be prepared to explain how the child will live and study safely in Canada.
The application may need evidence of:
- School admission
- Tuition payment arrangements
- Housing or homestay arrangements
- Custodianship
- Financial support
- Health insurance arrangements
- The relationship between the child and accompanying adults
- The parents’ continuing involvement in the child’s care
A custodian does not remove the need to show sufficient financial support or a credible study plan.
Common Mistakes Families Should Avoid
Treating the homestay host as an automatic custodian
A host becomes the immigration custodian only if the person qualifies, formally agrees and completes the required declaration.
Using the wrong age of majority
The applicable age depends on the child’s Canadian province or territory of study.
Forgetting notarization
Both parts of IMM 5646 must be completed and notarized as directed by IRCC.
Assuming school admission guarantees entry
Admission, a study permit and permission to enter Canada are separate decisions.
Applying too late for an extension
Families should check the permit expiry date and begin preparing well before the recommended 90-day deadline.
Travelling without parental consent documents
Even a child with a valid visa or study permit may face questions at the Canadian border.
A 101 Legal Ways Educational Scenario
Sana is a fictional 17-year-old student preparing to attend school in British Columbia. Her family assumes she will stop being a minor when she turns 18.
After reading 101 Legal Ways guides, the family learns that the age of majority in British Columbia is 19. They review Sana’s care arrangements, collect parental consent and custody documents and prepare evidence showing who will support her in Canada. They also understand that an immigration officer may request a custodian based on her circumstances.
This is a fictional public education example. It is not a real client testimonial and it does not promise any immigration result. It shows how reliable information can help a family ask better questions and prepare more carefully.
101 Legal Ways provides practical public education so families can better understand Canadian immigration requirements before making major decisions. It does not replace advice from an authorized immigration or legal professional.
Four Actionable Takeaways
- Check the age of majority where the child will study. It is 18 in some provinces and territories and 19 in others.
- Arrange custodianship early when required. A child under 17 travelling without a parent or legal guardian must generally have an eligible custodian in Canada.
- Keep immigration and travel documents separate. A study permit does not replace a parental consent letter, custody order or custodianship declaration.
- Review the child’s status before it expires. Apply for an extension early and plan for any change in requirements when the child reaches the age of majority.
Final Thoughts
A minor child’s Canadian education plan involves more than choosing a school. Parents must consider the child’s age, study permit requirements, living arrangements, custodianship and travel authorization.
Starting early gives families time to choose a suitable custodian, notarize the required declarations and correct missing or inconsistent documents. Most importantly, it helps ensure that the child will have proper support while studying away from home.
Immigration requirements can change. Always confirm the latest instructions and forms through Immigration, Refugees and Citizenship Canada before applying.
Legal Disclaimer
This article provides general public legal and immigration information only. It is not legal advice, immigration representation or a guarantee of approval. Canadian immigration rules, forms and procedures may change. Every family’s circumstances are different. Consult IRCC or an authorized Canadian immigration or legal professional for advice about a specific case.
