Legal Custodianship for a Minor Student

[Ati33]

Hello,

My sister (16 years old) and I, currently live in France.

We are currently preparing my sister's visa application to Canada as an international student.

My sister would like to move to Canada to finish her high school there. Given that she is a minor, as her elder sister I am her current legal custodian in France as our parents do not accompany us here.

We have already obtained various information with regards to the process that must be followed for international students who intent to move to Canada. Knowing that the first key step is to obtain a Letter of Acceptance from a Designated Learning Institutution (DLI), we were in touch with a contact person within the Viamonde School as my sister intends to complete her high school in Canada in the French language. One of the key elements for which we unfortunately still did not succeed to obtain a clarification is regarding the eligibility of the Legal Custodian for the minor student.

At this stage, we really need a firm response for the following questions, in order to proceed with the application process:
(i) Can I accompany my sister to Canada as her "legal custodian" (as an adult family member who is not a permanent resident nor a citizen of Canada) in the absence of our parents?
(ii) If yes, do we need to submit separate applications through the CIC website or can I include my own application for a visa as part of my sister's student visa application?

If anybody could provide us with some advice/clarification regarding this subject, we would really appreciate it.

Thanks,
Ati

 

[PMM]

Hi

Hello,

My sister (16 years old) and I, currently live in France.

We are currently preparing my sister's visa application to Canada as an international student.

My sister would like to move to Canada to finish her high school there. Given that she is a minor, as her elder sister I am her current legal custodian in France as our parents do not accompany us here.

We have already obtained various information with regards to the process that must be followed for international students who intent to move to Canada. Knowing that the first key step is to obtain a Letter of Acceptance from a Designated Learning Institutution (DLI), we were in touch with a contact person within the Viamonde School as my sister intends to complete her high school in Canada in the French language. One of the key elements for which we unfortunately still did not succeed to obtain a clarification is regarding the eligibility of the Legal Custodian for the minor student.

At this stage, we really need a firm response for the following questions, in order to proceed with the application process:
(i) Can I accompany my sister to Canada as her "legal custodian" (as an adult family member who is not a permanent resident nor a citizen of Canada) in the absence of our parents?
(ii) If yes, do we need to submit separate applications through the CIC website or can I include my own application for a visa as part of my sister's student visa application?

If anybody could provide us with some advice/clarification regarding this subject, we would really appreciate it.

Thanks,
Ati

1. No, you must likely will not be allowed to accompany your sister as her guardian, you will have to obtain one who resides in Canada.
2. The school will arrange custodians at a cost TBD.

 

[Ati33]

Hi



1. No, you must likely will not be allowed to accompany your sister as her guardian, you will have to obtain one who resides in Canada.
2. The school will arrange custodians at a cost TBD.

Hello,
Thanks for your prompt response.
When I checked the CIC's website, for the application process of a minor international student, reference was also made to "family members" who could be accompanying the minor to Canada to complete his/her high school studies. This is why, I have been under the impression that if the family member has obtained a "legal" status as the custodian of the minor (which is my case as the elder sister, I have obtained this status from a court in France), then this family member can accompany the minor without the need to find a custodian in Canada who is a citizen or PR.

If you have any further information that would correspond to our case, I would really appreciate it.

Thanks,
Ati

 

[scylla]

Hello,
Thanks for your prompt response.
When I checked the CIC's website, for the application process of a minor international student, reference was also made to "family members" who could be accompanying the minor to Canada to complete his/her high school studies. This is why, I have been under the impression that if the family member has obtained a "legal" status as the custodian of the minor (which is my case as the elder sister, I have obtained this status from a court in France), then this family member can accompany the minor without the need to find a custodian in Canada who is a citizen or PR.

If you have any further information that would correspond to our case, I would really appreciate it.

Thanks,
Ati

It's extremely rare that a family member is allowed to accompany a minor student to Canada. If you want to try, you will need to apply for a TRV. A TRV will allow you to be in Canada as a temporary visitor only. You won't be allowed to work or attend school and you won't qualify for provincial health care coverage.

 

[Naturgrl]

Hello,
Thanks for your prompt response.
When I checked the CIC's website, for the application process of a minor international student, reference was also made to "family members" who could be accompanying the minor to Canada to complete his/her high school studies. This is why, I have been under the impression that if the family member has obtained a "legal" status as the custodian of the minor (which is my case as the elder sister, I have obtained this status from a court in France), then this family member can accompany the minor without the need to find a custodian in Canada who is a citizen or PR.

If you have any further information that would correspond to our case, I would really appreciate it.

Thanks,
Ati

You still need to find a Canadian custodian since she is 16. If you have a TRV, you can accompany her to Canada to get settled but you can’t live in Canada. Also depending on if travel restrictions remain, your sister could travel on a study permit but you would not be able to accompany her. You would need written travel authorization and even then I don’t know if you would meet the definition of immediate family.