Custodianship for students in Quebec

Custodianship for Students in Quebec:

Introduction

Quebec is one of Canada's most vibrant provinces, known for its rich French heritage, reputable educational institutions, and inclusive multicultural atmosphere. These qualities make Quebec a top destination for international students seeking both high-quality education and a culturally enriching experience. However, for international students under the age of 18—considered minors by Canadian and Quebec law—study in Quebec comes with specific legal requirements. Chief among them is the requirement for custodianship.

This report provides a comprehensive exploration of custodianship for international students in Quebec. It outlines the legal framework, roles, procedures, eligibility criteria, institutional expectations, practical implications, and common issues to help families, students, and schools understand their responsibilities and rights.

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1. Legal Foundation of Custodianship in Quebec: Custodianship for students in Quebec

1.1 Federal Immigration Rules

Canada’s federal immigration regulations, under Immigration, Refugees and Citizenship Canada (IRCC), require that all international students under the age of majority (18 in Quebec) must have a custodian while residing in the country without a parent or legal guardian.

This rule is operationalized through the Custodianship Declaration Form (IMM 5646), a mandatory document for any minor student applying for a study permit. This form ensures that a responsible adult residing in Canada has accepted legal responsibility for the student’s care.

1.2 Quebec’s Civil Code: Custodianship for students in Quebec

In Quebec, the Civil Code of Quebec (CCQ) defines the responsibilities and legal capacity of minors. A minor is legally incapable of fully exercising their civil rights, and therefore must be represented by a parent, guardian, or court-appointed person for major decisions relating to:

• Health and emergency care

• Educational affairs

• Legal contracts and obligations

This legal framework makes custodianship in Quebec not only an immigration requirement but also a civil necessity.

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2. Definition and Importance of Custodianship for students in Quebec

A custodian is a responsible adult who takes legal responsibility for a minor international student living in Canada without a parent or legal guardian. The role encompasses aspects of care, supervision, decision-making, and legal representation in emergencies.

Why Is Custodianship Required?

• Legal compliance with federal immigration law

• Protection of minor rights in legal, health, and education systems

• Accountability for the student’s welfare, especially in emergencies

• Trust building between the host country and the student’s family

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3. Who Needs a Custodian?

Required:

• International students under 18 years old

• Students not living with a parent or legal guardian in Canada

• Students enrolled in primary, secondary, or college-level programs (e.g., CEGEP)

Not Required: Custodianship for students in Quebec

• Students 18 years or older

• Students living with a parent or legal guardian in Quebec

• Students enrolled in short-term programs (less than 6 months), depending on the institution

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4. Who Can Be a Custodian?

In Quebec, the custodian must meet specific eligibility criteria:

Basic Requirements: Custodianship for students in Quebec

• Must be 18 years of age or older

• Must be a Canadian citizen or permanent resident

• Must reside in Quebec or nearby region

• Must be available 24/7 in case of emergencies

Preferred Profiles

• Extended family (e.g., aunt, uncle, cousin)

• Family friends known and trusted by parents

• Homestay hosts (if legally willing and qualified)

• Professional custodian agencies or services

Some schools may have additional vetting or documentation requirements for custodians.

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5. The IMM 5646 Custodianship Declaration Form

The IMM 5646 form is essential for minor international students. It must be notarized and submitted with the study permit application.

Form Sections:

1. Custodian Declaration (Page 1): Completed and signed by the custodian in Canada. Must be notarized by a Canadian notary.

2. Parental Consent (Page 2): Completed and signed by the parent(s)/legal guardian(s) abroad. Must be notarized in their home country.

Submission: Custodianship for students in Quebec

• Submit with the initial study permit application

• Copies may be requested by schools and immigration officials

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6. Roles and Responsibilities of a Custodian

A custodian's role goes far beyond filling a form—it is a position of legal and moral responsibility.

Legal and Medical Responsibilities

• Authorize medical treatment in emergencies

• Represent the student in legal and administrative matters

• Liaise with authorities as needed

Academic Responsibilities: Custodianship for students in Quebec

• Attend school meetings

• Monitor attendance and academic progress

• Support behavioral and emotional adjustment

Housing and Welfare

• Ensure the student’s accommodation is safe and appropriate

• Visit or communicate regularly with the student

• Act as a mediator between homestay and school

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7. Types of Custodianship Arrangements: Custodianship for students in Quebec

7.1 Family-Based Custodianship for students in Quebec

When a family member or close friend in Quebec agrees to act as a custodian.

Pros: Personal trust, emotional support
Cons: May not be familiar with legal responsibilities

7.2 Homestay Custodianship

The student lives with the custodian in a homestay setting.

Pros: 24/7 supervision, close monitoring
Cons: Risk of overdependence or conflict

7.3 Professional Custodianship for Students in Quebec

Offered by licensed agencies specializing in custodianship services.

Pros: Experienced, available, well-documented
Cons: Expensive (typically CAD 1,500–3,000/year)

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8. Institutional and Provincial Requirements: Custodianship for students in Quebec

Each school in Quebec may have additional policies beyond federal requirements.

Required by Schools:

• IMM 5646 form on file

• Custodian’s valid ID and contact information

• Written consent for school-related decisions

• Updated medical insurance documentation

Additional Notes:

• Some institutions require annual re-affirmation of custodianship

• Private schools may offer in-house custodianship services

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9. Procedures for Changing Custodians: Custodianship for students in Quebec

Custodianship may need to be transferred if:

• The current custodian moves away or becomes unavailable

• The student changes schools or residence

• Parents wish to change the custodian for personal reasons

Process:

1. Select a new custodian

2. Complete and notarize a new IMM 5646 form

3. Submit to IRCC and the student’s school

4. Inform the previous custodian and confirm acceptance

Note: Failure to update custodianship can result in immigration non-compliance.

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10. Housing Considerations: Custodianship for students in Quebec

Custodianship is often closely tied to housing, especially for minors.

Options:

• Living with custodian: Ideal for younger students

• Homestay (with separate custodian): Popular for high schoolers

• School residence: Often includes on-site supervision

The custodian must ensure that the student’s housing is safe, stable, and suitable for a minor.

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11. Best Practices for Parents and Students

For Parents: Custodianship for students in Quebec

• Choose a custodian at least 3–6 months before arrival

• Interview and vet the custodian thoroughly

• Maintain regular communication

• Sign a private agreement outlining roles, fees, and expectations

For Students: Custodianship for students in Quebec

• Keep the custodian’s contact information handy

• Report issues at home or school immediately

• Attend regular check-ins and meetings

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12. Common Challenges and How to Overcome Them

Lack of Communication

Solution: Schedule monthly updates between custodian, parents, and school

Custodian Unavailability: Custodianship for students in Quebec

Solution: Have a backup contact and confirm availability before each term

Misunderstanding Roles

Solution: Use a written custodianship agreement clearly outlining responsibilities

Language/Cultural Barriers

Solution: Choose a custodian familiar with the student’s culture or fluent in the family’s native language

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13. Sample Custodianship Timeline: Custodianship for students in Quebec

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14. The Role of Custodianship Agencies

In major cities like Montreal and Quebec City, several agencies offer professional custodianship services. These organizations:

• Offer bilingual or multilingual support

• Are familiar with Quebec education and legal systems

• Provide structured reports and emergency services

Key Agencies (examples):

• The Custodian Student Homestay Montreal

• Student Homestay and Accommodation Canada

• IEC Immigration

Note: Always verify credentials and references before hiring.

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15. Summary Table

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Conclusion

Custodianship for international students in Quebec is a multifaceted responsibility, grounded in both Canadian immigration law and Quebec’s civil code. It ensures that minor students receive the care, supervision, and legal representation they need while pursuing their education far from home. Whether provided by family, homestay hosts, or professional agencies, the custodian plays a critical role in supporting a student’s academic and personal development. With careful planning, transparency, and ongoing communication, custodianship can be a secure and supportive framework for student success in Quebec.

In case, if you need help with Custodianship for Students in Quebec or other provinces of Canada, please contact The Custodian Canada.