IRCC updated its custodianship guidelines for minor children's study permits on Sept 22, 2026. Who needs a custodian, what the declaration requires, and what changed.
On September 22, 2026, Immigration, Refugees and Citizenship Canada (IRCC) updated the officer guidelines that govern study permits for minor children — including how "custodianship" is defined and what happens when a minor travels with only one parent. Most families researching a Canadian study permit for a teenager eventually run into the word "custodian," and it is not always obvious whether it applies, what it actually requires, or whether it is the same thing as legal guardianship (it is not). This guide walks through who counts as a minor child, when a custodian is required, what the custodianship declaration involves, and what the September update actually changes for applicants.
Who counts as a "minor child"?
IRCC ties the definition to the age of majority in the province or territory where the child will live, measured on the day they arrive in Canada — not their age when the application is submitted. Because the threshold differs by province, the same 18-year-old can be a minor in one destination and an adult in another.
- Age of majority is 18 in: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, Saskatchewan
- Age of majority is 19 in: British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Yukon
Does a minor child even need a study permit?
Not always — but the exemption is narrower than many parents assume, and it only ever applies once the child is already inside Canada. A minor already in the country can study at the pre-school, primary or secondary level without a separate study permit, under subsection 30(2) of the Immigration and Refugee Protection Act, if:
A minor child applying from outside Canada is treated as a student, not a visitor, and generally must obtain a study permit before travelling — this in-Canada exemption does not apply to an overseas application.
- They — or an accompanying parent — are refugee claimants
- One biological or adoptive parent is a Canadian citizen or permanent resident
- One parent holds valid authorization to work or study in Canada, including some visitors authorized to work or study without a separate permit
- Neither parent is physically present in Canada
Under 17: a custodian is mandatory
If the applicant is under 17 at the time of application, a Canadian custodian is required regardless of the family's individual circumstances. The requirement flows from section 39 of the Immigration and Refugee Protection Regulations, under which a foreign national is inadmissible for financial reasons if they will be unable to support themselves — for a minor, that means an officer must be satisfied that adequate arrangements exist for the child's day-to-day care and support while their parents remain abroad.
17 to the age of majority: a case-by-case decision
Between age 17 and the provincial age of majority, there is no automatic rule — officers assess each application individually and may request additional documentation or an interview before deciding whether a custodian is needed.
- Level of study — students entering secondary school are normally still expected to have a custodian
- Level of independence — whether the applicant has lived or studied away from their family before
- Financial capacity — whether the applicant can support themselves independent of their parents (a scholarship or government sponsorship, for example)
- Travel experience — prior travel history or participation in exchange programs
- Accessibility of parents or guardians — whether the school or a hospital could reach them quickly in an emergency
- Informal arrangements — whether some less formal support exists even without a signed custodianship declaration
- Risk environment — officers also weigh indicators of irregular child migration and the risk of exploitation or trafficking
What the custodianship declaration actually requires
A custodianship declaration is a signed statement, not a court order — and the correct term is "custodianship," not "guardianship." Guardianship is a legal appointment giving someone authority to manage a person's affairs; custodianship, for immigration purposes, means a named adult in Canada has agreed to take on responsibility for the applicant in place of their parents for the duration of their studies. Both the parents (or legal guardians) abroad and the custodian in Canada complete and sign the government's standard form, IMM 5646 — the parents' portion notarized in the home country, the custodian's portion notarized in Canada.
A custodianship declaration is not required when the minor is accompanied for the full duration of their studies by at least one parent.
- The declaration must state that adequate arrangements have been made for the custodian to act in place of a parent
- The custodian must acknowledge they will live within a reasonable distance of the applicant's residence and school
- Officers must be satisfied the arrangement provides genuine care and support, not just a signature on a form
Travelling with only one parent
This is the point the September 2026 update clarifies most directly. If a minor is accompanied by only one parent, officers are now instructed to request — if it was not already submitted — a signed Parent Consent Letter or Travel Authorization Form from the parent who is not travelling. If your child's other parent is remaining in your home country, plan on providing this letter with the application rather than waiting to be asked for it.
What else changed on September 22, 2026
Most of the update is internal: officers now record custodian details from the IMM 5646 form directly in the government's case management system, and must confirm no duplicate record already exists for that custodian before creating one — an administrative step that does not change what a family needs to submit. The update also formally records parent information in the same system. For applicants, the two practical takeaways are the one-parent-travel point above, and the clearer distinction between "custodianship" and "guardianship" — worth knowing so you are not searching for, or trying to obtain, a legal guardianship order when a custodianship declaration is what is actually required.
Applying from overseas, at the border, or from inside Canada
Where and how a minor applies depends on their situation:
- From overseas — apply for a study permit before travelling to Canada, unless a specific exemption applies
- At the border — a child who has not obtained a letter of introduction in advance may, in some circumstances, be authorized to enter as a visitor if an accompanying parent is already permitted to work or study in Canada; once they are no longer a minor, a full study permit application is required to continue studying
- From inside Canada — a minor already studying without a permit under the exemption above can apply from within Canada, and must provide proof of enrolment and, where relevant, proof of a parent's status
What to have ready
Whatever the scenario, officers are checking for the same underlying things: that the child's care is arranged, that health coverage is in place, that there is evidence of funds to cover their stay, and that they are making genuine academic progress. Review our guide to study permit proof of funds for the current dollar thresholds before you apply.
- Custodianship declaration (IMM 5646), notarized on both sides, if required for the applicant's age
- Parent Consent Letter or Travel Authorization Form if only one parent is accompanying the child
- Proof of health insurance coverage for the study period
- Evidence of sufficient funds for tuition, living costs and return travel
- A letter of acceptance or proof of ongoing enrolment from the school
This article summarizes IRCC's published guidelines as of September 22, 2026; it is general information, not a substitute for advice on your family's specific situation. Custodianship requirements sit at the intersection of a study permit application and a child's actual safety and well-being — worth getting right the first time. Our office can review your child's file and confirm exactly what your family needs before you apply.
