Dear Mr Brown:

I would like for my child to study in Canada. He is 17 years old. Does he require a guardian in Canada to obtain a study permit?

— JMA

Dear JMA:

The definition of the age of majority in Canada is set by each province or territory. Any person under the age of majority at the time of their arrival in Canada is considered to be a minor. Centennial is in Toronto, Ontario, where the age of majority is 18. The age of majority is also 18 in other provinces, such as Alberta, Manitoba, Prince Edward Island, Quebec, and Saskatchewan. However, the age of majority is 19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, and the Yukon.

Mandatory custodianship

Applicants who are younger than 17 years of age at the time of application will require a custodian in Canada. A guardian in Canada is not required. Additionally, immigration officers must be satisfied that adequate arrangements are in place for the care and support of the minor student.

Discretionary custodianship

Applications from minors between 17 years of age and the applicable provincial or territorial age of majority at the time of application should be assessed on a case-by-case basis.

In assessing whether the custodianship requirement should be applied, officers may exercise discretion in considering the following factors to determine whether an applicant can provide care and support to oneself while in Canada:

* Level of studies.

* Level of independence.

* Financial capacity.

* Travel experience.

* Accessibility of parent(s) or guardian(s).

* Risk environment, such as irregular child migration, and potential for exploitation and/or trafficking.

Applying for a study permit

The details of your circumstances were not included in your query. However, in response, I can state that a minor, at the age of 17 would ordinarily require a study permit.

A minor child already in Canada is authorised to study without a study permit at the pre-school, primary or secondary level if at least one parent is authorised to work or study in Canada. However, once in Canada, when the individual ceases to be considered a minor, an application for a study permit must be submitted if the individual wishes to continue studying.

Renewal of a Study Permit

When applying to extend their stay, minor children may either apply for a renewal of their study permit, if they require one or an extension of their stay as temporary residents. Under such circumstances, immigration officers should ensure that:

* Arrangements have been taken for the child’s care in terms of custodianship;

* The child has health coverage;

* There is evidence of funds to cover their stay in Canada; and

* Academic progress has been made, unless the minor child is the dependent of a worker or student in Canada.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work programme, Visitor’s visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.