Sending a child to study in Canada is an exciting opportunity, but it comes with a mountain of paperwork. If the student is a minor (under 17, or sometimes older), Immigration, Refugees and Citizenship Canada (IRCC) has a strict requirement: they must have a designated custodian in Canada.
To prove this arrangement is legitimate, you must complete the Custodianship Declaration (Form IMM 5646).
At NotaryServe®, we frequently see this document. To help you navigate the process, we have broken down exactly how to complete the form and why a Notary Public is essential.
What is the Custodianship Declaration?
The Custodianship Declaration is a legal document that states that a Canadian citizen or permanent resident will take responsibility for the care and support of a minor child while the child studies in Canada.
This form is mandatory for minors under 17 years of age applying for a study permit. For students aged 17 to the age of majority in their province of destination (usually 18 or 19), an immigration officer may still request it, so it is often best to have it prepared just in case.
The Two Parts of the Form
The IMM 5646 form is unique because it requires signatures in two different countries.
- Page 1 (The Custodian): Filled out by the appointed guardian in Canada.
- Page 2 (The Parents): Filled out by the parents or legal guardians in the home country.
How to Complete the IMM 5646 Form: A Step-by-Step Guide
It is crucial that the information on this form matches the student's passport and application details exactly. Here is the general workflow:
Step 1: The Custodian in Canada
The designated custodian (the person living in Canada) must fill out the first page.
- Do not sign the document yet.
- The custodian must take the completed form to a Notary Public or Commissioner of Oaths in Canada.
- The custodian signs the document in the presence of the Notary.
- The Notary will sign, stamp, and seal the document to certify that the custodian’s identity was verified and the oath was taken.
Step 2: The Parents in the Home Country
Once the Canadian side is notarized, the form (or a copy) is sent to the parents in the home country.
- The parents fill out the second page.
- They must take it to a local official (such as a notary public or a government authority in their country) to have their signatures witnessed.
Step 3: Submit to IRCC
Once both pages are completed and notarized, they are submitted together with the minor’s study permit application.
Why Do You Need a Notary Public?
You might wonder, "Can't I just sign it at home?"
No. For the Custodianship Declaration to be accepted by IRCC, it must be notarized. This is not just a formality; it is a legal safeguard.
Here is why a Notary Public is required:
- Verification of Identity: The Notary ensures that the person signing the document is who they claim to be by checking a government-issued photo ID. This prevents fraud.
- Solemn Declaration: By signing before a Notary, the custodian is making a solemn declaration under the law. This adds significant legal weight to the promise to care for the child.
- IRCC Compliance: Immigration officers look for the seal and signature of a recognized Notary Public. Without it, the application will almost certainly be rejected or returned, causing stressful delays.
3 Tips for a Smooth Notarization
To ensure your appointment at Notary Serve goes quickly and smoothly, keep these tips in mind:
- Do not Sign in Advance: We cannot stress this enough! You must sign the paper while the Notary is watching. If you sign it at home, you will have to re-print and sign it again during your appointment.
- Bring Proper ID: The custodian must bring valid, government-issued photo identification (like a Driver’s License or Passport).
- Double-Check the Details: Ensure the student’s name, date of birth, and the address of where the student will reside are 100% accurate before notarizing.
Ready to Finalize Your Custodianship Declaration?
Navigating immigration paperwork is stressful enough without worrying about legal errors. At NotaryServe®, we specialize in notarizing Custodianship Declarations efficiently and correctly.
We ensure your documents meet the strict standards required by Canadian Immigration so you can focus on welcoming the student to Canada.
Book Your Appointment with Notary Serve Today
📍 Website: www.notaryserve.ca
📞 Phone: 613-558-5363
📧 Email: contact@notaryserve.ca
Disclaimer: This post is for information purposes only and does not constitute legal advice. Please consult with a regulated immigration consultant or lawyer for specific advice regarding study permit applications.
