Custodianship for Students in Alberta
Custodianship for Students in Alberta
Introduction
Canada has become one of the world’s top destinations for international students due to its excellent education system, cultural diversity, and high standard of living. Alberta, a western province with thriving cities such as Calgary and Edmonton, offers a wide array of educational opportunities from elementary to post-secondary levels. However, international students under the age of 18 must fulfill a crucial legal requirement to study in Alberta: they must have a custodian.
Custodianship ensures that international minors studying in Alberta have a responsible adult who can act on their behalf while their parents remain in their home country. This report explores in depth the requirements, procedures, responsibilities, and legal framework surrounding custodianship for international students in Alberta, as well as its importance for student welfare and academic success.
1. Understanding Custodianship for Students in Alberta
1.1 What Is Custodianship for Students in Alberta?
Custodianship refers to the legal responsibility assigned to an adult in Canada who agrees to care for and support an international student under the age of 18 while they live and study in the country. This includes making decisions in emergencies, attending school meetings, providing guidance, and ensuring the student’s general well-being.
1.2 Legal Requirement in Alberta: Custodianship for Students in Alberta
In Alberta, the age of majority is 18. Therefore, any student under 18 years old must have a custodian in Alberta to be eligible for a study permit and to register in most schools. This is mandated by Immigration, Refugees and Citizenship Canada (IRCC) and is supported by Alberta's child welfare regulations.
1.3 Why Custodianship Matters
Custodianship plays a critical role in ensuring that minors studying abroad are adequately supported and protected. Being away from their parents, these students require guidance, supervision, and someone to act on their behalf in critical situations, such as medical emergencies or legal matters.
2. Legal Framework: Custodianship for Students in Alberta
2.1 IRCC Requirements
According to IRCC guidelines, all minor students in Canada who are not accompanied by a parent or legal guardian must have a custodian. The student’s parents and the appointed custodian must complete and notarize the Custodianship Declaration Form (IMM 5646), which must then be submitted with the study permit application.
2.2 Provincial Guidelines
While IRCC sets the immigration requirements, individual provinces like Alberta may have additional regulations regarding minors. Alberta school boards often require a signed custodianship agreement, proof of the custodian’s residence, and emergency contact information.
3. Who Can Be a Custodian?
3.1 Eligibility Criteria
To be eligible, a custodian must:
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Be a Canadian citizen or permanent resident.
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Be at least 19 years old.
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Live in the same community or region as the student.
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Be capable of fulfilling the responsibilities of caregiving and legal decision-making.
3.2 Types of Custodians: Custodianship for Students in Alberta
1. Family Members:
Relatives already living in Alberta are a preferred option due to their familial connection and understanding of the student's background.
2. Family Friends:
Trusted family friends can serve as custodians if they meet the criteria and agree to fulfill the responsibilities.
3. Professional Custodians:
Many international students are placed under the care of professional custodians, typically provided by agencies or educational consultants. These individuals or organizations charge a fee but often offer comprehensive services.
4. Responsibilities of a Custodian
A custodian’s duties are extensive and vary depending on the student’s age, educational institution, and living arrangement.
4.1 Legal Representation
The custodian acts on behalf of the student in legal and emergency situations. They have the authority to consent to medical treatments, attend disciplinary hearings, or contact emergency services when needed.
4.2 Communication with Schools: Custodianship for Students in Alberta
Custodians are expected to maintain regular communication with the student’s school regarding academic performance, attendance, and behavior. They attend parent-teacher conferences and support the student’s academic progress.
4.3 Supervision and Care
While custodians do not necessarily have to live with the student, they are responsible for ensuring that the student is residing in a safe and supportive environment, such as a homestay or boarding arrangement.
4.4 Reporting to Parents: Custodianship for Students in Alberta
Custodians should provide parents with frequent updates regarding the student’s academic, social, and emotional well-being.
5. The Custodianship Process: Custodianship for Students in Alberta
5.1 Choosing a Custodian
Parents must carefully choose a custodian based on trust, reliability, and experience. If the family does not have relatives or friends in Alberta, they can work with a professional custodian or a homestay agency offering custodianship services.
5.2 Completing the Custodianship Declaration (IMM 5646)
The custodianship process involves:
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The student’s parents completing and notarizing the first part of IMM 5646 in their home country.
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The custodian completing and notarizing the second part in Canada.
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Including the original notarized forms in the student’s study permit application.
5.3 Submitting to the School
Most schools in Alberta require a copy of the custodianship documents during the admission process. Some may also require additional forms or interviews with the custodian.
6. Custodianship in Public and Private Schools
6.1 Public Schools: Custodianship for Students in Alberta
Public school boards in Alberta, such as:
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Calgary Board of Education (CBE)
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Edmonton Public Schools
require valid custodianship documentation before admitting an international student. These boards may also maintain a list of approved custodians or agencies for international families to consider.
6.2 Private and Independent Schools: Custodianship for Students in Alberta
Many private schools offer in-house custodianship and homestay services as part of their international student programs. These arrangements often provide more personalized support, though they may come at a higher cost.
7. Homestay and Custodianship Services
7.1 Role of Homestays
Homestays provide international students with a safe and supportive living environment. Some homestay providers also include custodianship as part of their services, offering a convenient option for families.
7.2 Professional Agencies
Reputable agencies such as:
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The Custodian Canada
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IEC Immigration
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Student Homestay and Accommodation Canada
offer complete packages that include:
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Placement with a host family
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Legal custodianship
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Monitoring and monthly reports
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24/7 emergency support
These services are particularly beneficial for students without relatives in Alberta.
8. Responsibilities of Parents: Custodianship for Students in Alberta
Although custodians take on local responsibilities, the student’s parents remain their legal guardians and must:
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Provide accurate and complete information to the custodian
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Maintain regular communication with the custodian and school
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Make travel and financial arrangements for the student
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Ensure the custodian understands the student’s needs and expectations
9. Custodianship for Post-Secondary Students: Custodianship for Students in Alberta
9.1 University and College Students Under 18
Most post-secondary institutions in Alberta admit students under 18, provided custodianship is arranged. Institutions such as the University of Alberta, University of Calgary, and Mount Royal University offer support in connecting students with custodianship services.
9.2 Transition to Adulthood
Once the student turns 18, custodianship is no longer legally required. However, ongoing mentorship or housing support may still be beneficial.
10. Terminating or Changing Custodianship
10.1 Changing Custodians
If a custodian is no longer able to fulfill their duties, parents must appoint a new custodian and file updated documents with IRCC and the student’s school. Failure to do so may jeopardize the student’s study permit.
10.2 Ending Custodianship
Custodianship ends:
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When the student turns 18
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When the student returns to their home country
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When the student transfers to another province or institution
Written notice should be provided to all relevant parties.
11. Risks and Challenges: Custodianship for Students in Alberta
11.1 Inadequate Supervision
Improperly vetted custodians may fail to meet the student’s needs, putting their safety and academic success at risk. It is essential that custodians be responsible, communicative, and involved.
11.2 Legal Consequences
Custodians who fail in their duties may face legal action, particularly in cases involving neglect or abuse.
11.3 Cost of Custodianship for Students in Alberta
The cost of professional custodianship services ranges from CAD $1,000 to $3,000 per year, depending on the level of support provided. Families should budget accordingly.
12. Best Practices
To ensure effective custodianship, the following best practices are recommended:
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Vet all custodians thoroughly: Check references, conduct interviews, and request background checks.
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Sign a detailed agreement: Outline responsibilities, expectations, and communication frequency.
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Maintain regular communication: Weekly check-ins between student, custodian, and parents are encouraged.
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Use reputable agencies: Choose providers with strong track records and positive reviews.
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Promote student independence: Encourage the student to become self-reliant while still having adequate support.
Conclusion
Custodianship is a vital requirement and safeguard for international students under 18 studying in Alberta. It ensures that minors have trusted adults to act in their best interests, provide emotional and academic support, and navigate the challenges of living abroad. Parents, custodians, and educational institutions must collaborate to provide a stable and supportive environment that fosters student success and well-being. With proper custodianship in place, Alberta remains a welcoming and secure destination for young learners from around the world.
In case, if you need help with Custodianship for Students in Alberta or other provinces of Canada, please contact The Custodian Canada.