IMM 5491 – Custodian Declaration (for Minors Studying in Canada)

1. What is the purpose of the IMM 5491 form?

The purpose of the IMM 5491 form is to declare the custodian who will be responsible for a minor child studying in Canada. This form is required for minors who are studying in Canada without a parent or legal guardian accompanying them. By completing this form, the custodian agrees to take responsibility for the minor child’s well-being, care, and support while they are in Canada. The custodian must be a Canadian citizen or a permanent resident who is at least 18 years old and is willing and able to act as the child’s guardian during their stay in Canada. The IMM 5491 form helps immigration authorities ensure that minors studying in Canada are in safe and secure arrangements during their time in the country.

2. Who is required to complete the IMM 5491 form?

The IMM 5491 form is required to be completed by custodians who are appointed to take care of minor children studying in Canada. The custodian must be a Canadian citizen or a permanent resident who is at least 18 years of age, and must agree to be responsible for the minor child while they are in Canada. It is important for the custodian to understand and fulfill their duties as outlined in the form, including providing for the care and support of the minor, ensuring the child attends school regularly, and acting in the best interests of the child. The completion of the IMM 5491 form is a crucial step in the process of obtaining a study permit for a minor child coming to Canada to study.

3. What information is included in the IMM 5491 form?

The IMM 5491 form, also known as the Custodian Declaration for Minors Studying in Canada, includes crucial information relevant to a minor child’s immigration status and well-being while studying in Canada. The key details included in the form are:

1. Custodian Information: The form requires the custodian’s personal details, such as their full name, address, contact information, and relationship to the minor.

2. Minor’s Information: The minor’s personal information, including their full name, date of birth, country of citizenship, and passport details, are essential components of the form.

3. Study Details: Information related to the minor’s study program in Canada, such as the name of the school or institution, the duration of study, and the proposed length of stay, is outlined in the form.

4. Custodianship Declaration: The custodian must declare their responsibility for the minor child during their stay in Canada, including providing care, support, and accommodation as necessary.

5. Signature and Date: The form requires the custodian’s signature to attest to the accuracy of the information provided and the commitment to fulfill their custodial duties for the minor child.

Completing and submitting the IMM 5491 form is a mandatory requirement for minors studying in Canada without a parent or legal guardian present in the country. This form helps Canadian authorities ensure the safety and well-being of minors studying in Canada by confirming that a responsible adult will be looking after them during their stay.

4. Is the IMM 5491 form mandatory for minors studying in Canada?

Yes, the IMM 5491 form is mandatory for minors studying in Canada. It is an essential document that must be completed and signed by the custodian appointed by the parents or legal guardian of the minor who is studying in Canada. The form serves as a declaration that the custodian will be responsible for the well-being and care of the minor during their stay in Canada, including ensuring they attend school regularly and have proper living arrangements. Without the completed IMM 5491 form, the minor may not be able to study in Canada as it is a requirement for their study permit application. Therefore, it is crucial for custodians to properly fill out this form to comply with Canadian immigration regulations and facilitate the minor’s education in Canada.

5. Can a parent or legal guardian act as a custodian without completing the IMM 5491 form?

No, a parent or legal guardian cannot act as a custodian for a minor studying in Canada without completing the IMM 5491 form. The IMM 5491 form is a mandatory requirement for any parent or legal guardian who wishes to act as a custodian for a minor student in Canada. This form is used to declare that the parent or legal guardian will be responsible for the care and well-being of the minor during their stay in Canada. It also ensures that the custodian is aware of their obligations and responsibilities towards the minor student. Failure to complete the IMM 5491 form could result in the minor student being denied entry or facing legal issues during their time in Canada. Therefore, it is crucial for any parent or legal guardian acting as a custodian to complete this form to comply with Canadian immigration regulations and ensure the safety and well-being of the minor student.

6. What are the responsibilities of a custodian according to the IMM 5491 form?

According to the IMM 5491 form, the responsibilities of a custodian for a minor studying in Canada include:

1. Providing essential support and care for the minor while they are in Canada, ensuring their well-being and welfare.
2. Ensuring the minor attends school regularly and participates in necessary activities for their education.
3. Acting in the best interest of the minor and making decisions that prioritize their safety and security.
4. Providing consent for medical treatment or emergency care if required while the minor is in Canada.
5. Acting as the point of contact for the minor’s school, immigration authorities, and other relevant institutions.
6. Notifying the appropriate authorities if there are any changes in the minor’s situation, such as a change in address or guardianship.

These responsibilities are crucial for ensuring that the minor has a safe and supportive environment while studying in Canada and that their well-being is prioritized throughout their stay.

7. Can a custodian be a family member or does it have to be someone unrelated to the minor?

1. In the context of the IMM 5491 Custodian Declaration for Minors Studying in Canada, a custodian does not necessarily have to be unrelated to the minor. The custodian can be a family member, such as a parent, grandparent, aunt, uncle, or sibling, as long as they meet the requirements set out by the Canadian government.
2. The key aspect is that the custodian must be a responsible adult who is willing and able to take care of the minor while they are studying in Canada. This includes providing for the minor’s accommodation, support, and general welfare during their stay in the country.
3. Whether the custodian is a family member or someone unrelated, they must be a Canadian citizen or a permanent resident who is at least 18 years old. They must also agree to act as the minor’s custodian and take on the responsibilities outlined in the Custodian Declaration form.
4. It is important to note that the Canadian government may require additional documentation or information to demonstrate that the chosen custodian is suitable and capable of fulfilling their duties. It is recommended to carefully review the requirements and guidelines provided by the Canadian authorities when selecting a custodian for a minor studying in Canada.

8. Are there any specific requirements for who can be a custodian on the IMM 5491 form?

Yes, there are specific requirements for who can be a custodian on the IMM 5491 form. The custodian must be a Canadian citizen or a permanent resident who is at least 18 years old. They should also have the capacity and intention to act in the best interests of the minor child studying in Canada. Additionally, the custodian should be willing and able to take care of the child’s physical and emotional needs while they are in Canada. It is important for the custodian to understand and comply with their responsibilities as outlined in the form to ensure the well-being of the minor child during their stay in Canada.

9. How many custodians can be listed on the IMM 5491 form?

On the IMM 5491 form, only one custodian can be listed for each minor studying in Canada. The form is designed for the designation of a single custodian who will be responsible for the minor’s care and well-being while they are in Canada pursuing their studies. It is essential to select a custodian who is trustworthy, responsible, and capable of fulfilling the duties outlined in the custodian declaration form. Only one custodian can be officially recognized on the form to ensure clarity and accountability in the custodial arrangements for the minor student during their stay in Canada.

10. Are there any fees associated with the IMM 5491 form?

Yes, there are fees associated with the IMM 5491 form. Here is a breakdown:

1. Processing Fee: The custodian, who is a Canadian citizen or permanent resident, needs to pay a processing fee when submitting the IMM 5491 form. The current processing fee as of September 2021 is $150 CAD per custodian application.

2. Biometrics Fee (if applicable): If the custodian needs to provide biometrics, there will be an additional fee. The biometrics fee for individuals applying within Canada is $85 CAD for the biometric fee, and $85 CAD (per person) for the processing fee as of September 2021.

It is essential to check the most up-to-date fee information on the official website of Immigration, Refugees and Citizenship Canada (IRCC) to ensure accurate payment and processing of the IMM 5491 form.

11. Can a custodian be changed after the IMM 5491 form has been submitted?

Yes, a custodian can be changed after the IMM 5491 form has been submitted. In order to change the custodian listed on the form, you will need to notify the relevant authorities in Canada, such as Immigration, Refugees and Citizenship Canada (IRCC), of the change. This can typically be done by submitting a request in writing, providing the reasons for the change, and any supporting documentation that may be required. It is important to follow the specific procedures outlined by IRCC for changing custodians to ensure that the minor studying in Canada remains compliant with immigration requirements. Additionally, it is advisable to consult with a qualified immigration professional or legal advisor for guidance on the process of changing custodians after the submission of the IMM 5491 form.

12. How long is the IMM 5491 form valid for?

The IMM 5491 form, also known as the Custodian Declaration for Minors Studying in Canada, is typically valid for one year from the date of its signature by the custodian(s). This means that the form needs to be completed and signed within one year of the minor student’s intended date of arrival in Canada. It is important for custodians to ensure that the form is up to date and valid throughout the minor’s stay in Canada. It is advisable to check with the relevant authorities or institutions for any specific requirements or updates regarding the validity of the form beyond the one-year period.

13. What documentation is required to support the information provided on the IMM 5491 form?

To support the information provided on the IMM 5491 form for a minor studying in Canada, several key documentation pieces are required:

1. Proof of custody or guardianship: This can include court orders, legal documents, or any other official documentation that establishes the custodial relationship between the minor and the custodian in Canada.

2. Identification documents: Copies of the custodian’s identification, such as a passport or driver’s license, to verify their identity and relationship to the minor.

3. Proof of funds: Evidence of the custodian’s ability to financially support the minor during their stay in Canada, such as bank statements, employment letters, or sponsorship documents.

4. Educational documents: If the minor is attending school in Canada, proof of enrollment and acceptance from the educational institution may be required.

5. Travel documents: Copies of the minor’s passport and visa, if applicable, should be included to confirm their legal status in Canada.

Providing these documents will help ensure that the information provided on the IMM 5491 form is accurate and complete, ultimately supporting the minor’s stay in Canada for educational purposes.

14. Can a custodian be located outside of Canada?

Yes, a custodian can be located outside of Canada as long as they meet the requirements set out by Immigration, Refugees and Citizenship Canada (IRCC). In order for a custodian located outside of Canada to be approved, they must meet specific criteria such as being a legal guardian or having legal custody of the minor student studying in Canada. The custodian must also agree to take responsibility for the minor’s well-being and care while they are in Canada, including ensuring their health, safety, and maintenance. Additionally, the custodian must provide a Custodianship Declaration (IMM 5646) and any other necessary documentation to support their application. It is important for the custodian to understand their responsibilities and obligations before agreeing to act as a custodian for a minor studying in Canada.

15. Are there any special considerations for international students regarding the IMM 5491 form?

Yes, there are special considerations for international students regarding the IMM 5491 form when studying in Canada as a minor. It is important for international students to ensure that the custodian they designate in the form meets the requirements set by the Canadian government, which may include being a Canadian citizen or permanent resident, being at least 18 years old, and being able to fulfill the responsibilities outlined in the form. Additionally, international students should provide all necessary documentation to support their application, such as proof of their relationship with the custodian, a letter of acceptance from the educational institution, and any other relevant documents required by Canadian immigration authorities. It is crucial for international students to carefully follow the instructions provided on the form and seek assistance from the institution or immigration authorities if needed to ensure a smooth processing of their application.

16. What happens if a minor does not have a custodian in Canada?

If a minor does not have a custodian in Canada, it may impact their ability to study in the country. Having a custodian is a requirement for minors studying in Canada to ensure that they have proper care and support during their stay. Without a custodian, the minor may face challenges in terms of their well-being, safety, and overall adjustment to life in Canada. In such situations, the minor’s application for study permit may be at risk of being denied. It is crucial for minors and their parents or guardians to make arrangements for a custodian in Canada before beginning the study permit application process to avoid any complications or delays.

17. Can a minor study in Canada without a custodian?

No, a minor cannot study in Canada without a custodian. Having a custodian is a legal requirement for minors studying in Canada under the age of majority. The custodian is responsible for the well-being and care of the minor while they are in the country. The custodian must be a Canadian citizen or permanent resident who is at least 19 years old and must agree to act as the minor’s guardian. The custodian declaration form (IMM 5491) is a mandatory document that must be submitted as part of the minor’s study permit application. Failure to provide a custodian declaration may result in the study permit application being refused. It is essential to ensure that all requirements related to custodianship are met before a minor can study in Canada.

18. Are there any exceptions to the requirement for a custodian on the IMM 5491 form?

Yes, there are exceptions to the requirement for a custodian on the IMM 5491 form for minors studying in Canada. Some of the exceptions include:

1. If the minor is 17 years of age or older, they may not require a custodian as they are considered legally capable of managing their affairs.

2. If the minor is attending a designated learning institution that offers programs for minors, the institution may provide supervision and support, eliminating the need for a custodian.

3. In cases where the minor’s parent or legal guardian resides in Canada, they may act as the custodian for the minor without the need for a separate declaration on the IMM 5491 form.

It is important to review the specific circumstances of the minor’s case to determine if any exceptions apply to the custodian requirement on the IMM 5491 form.

19. Are there any potential legal implications for not completing the IMM 5491 form?

Failing to complete the IMM 5491 form for minors studying in Canada can have several potential legal implications:

1. Inadmissibility: Without the necessary custodian declaration, the minor student may be deemed inadmissible to Canada by immigration authorities. This could result in denial of entry or deportation from the country.

2. Immigration Violations: Not fulfilling the requirements of the IMM 5491 form could be considered a violation of Canadian immigration regulations, which may lead to legal consequences for both the minor student and the responsible parties.

3. Custodianship Concerns: Completing the form ensures that there is a designated custodian responsible for the minor during their stay in Canada. Failure to provide this information could raise concerns about the welfare and safety of the minor child, leading to potential legal actions.

4. Educational and Visa Issues: Schools and educational institutions in Canada may require the IMM 5491 form as part of their enrollment process. Not submitting the completed form could result in barriers to the minor student’s education in Canada.

Overall, it is crucial to adhere to the requirements outlined in the IMM 5491 form to avoid potential legal repercussions and ensure a smooth and lawful stay for minors studying in Canada.

20. How can a custodian ensure they are meeting their legal obligations as outlined on the IMM 5491 form?

To ensure they are meeting their legal obligations as outlined on the IMM 5491 form, a custodian must take several important steps:

1. Understanding the requirements: The custodian must thoroughly review the IMM 5491 form to understand their legal obligations concerning the minor studying in Canada. They should be familiar with the information requested on the form and the implications of signing it.

2. Compliance with regulations: The custodian must ensure that they comply with all relevant laws and regulations related to the care and well-being of minors studying in Canada. This includes providing a suitable living arrangement, ensuring the minor’s health and safety, and meeting any other specific requirements outlined on the form.

3. Communication with authorities: The custodian should maintain open communication with Canadian immigration authorities and provide any requested updates or information regarding the minor under their care. This includes reporting any changes in the minor’s circumstances or living arrangements as required.

4. Record-keeping: It is essential for the custodian to keep accurate and up-to-date records related to the minor’s stay in Canada. This includes maintaining copies of relevant documents, correspondence with authorities, and any agreements related to the custodianship.

By following these steps, a custodian can ensure they are meeting their legal obligations as outlined on the IMM 5491 form and providing proper care for the minor studying in Canada.