There is a situation that more people in Canada are living through than most people realize.
You came to Canada. Maybe on a visitor visa, a work permit, or a study permit. Life happened. You met someone, fell in love, built a life together. Your partner is a Canadian citizen or permanent resident. You are married or in a committed common-law relationship. You are living together right now, in Canada.
And somewhere along the way, your immigration status expired.
Now you are out of status — and you are wondering whether that means your chances of staying in Canada with your spouse are over.
They are not.
There is a public policy in Canada specifically designed for this situation. It has been quietly in force since 2005, it is still active in 2026, and it has helped thousands of genuine couples stay together without forcing the out-of-status partner to leave the country and apply from overseas.
This guide explains exactly how it works, who qualifies, and what you need to know before you apply.

What Does “Out of Status” Actually Mean?

Being out of status simply means you are living in Canada without valid immigration authorization. This happens more commonly than people think — and it does not automatically make someone a bad actor or a fraudulent applicant. Life does not always follow immigration timelines. For the purposes of this public policy, IRCC considers you out of status if you:

• Overstayed a visitor visa, visitor record, work permit, or study permit
• Worked or studied in Canada without proper authorization
• Entered Canada without a required temporary resident visa
• Entered Canada without a valid passport

These situations are covered. Your relationship with your Canadian sponsor is what matters most. What is not covered under this policy — and requires a different approach entirely — includes situations where you were previously deported and returned without authorization, used fraudulent documents to enter Canada, or are under a removal order for reasons beyond simply being out of status.

What Is the A25(1) Public Policy?

The A25(1) public policy refers to a specific provision under subsection 25(1) of Canada’s Immigration and Refugee Protection Act (IRPA). Under this provision, the Minister of Immigration has the authority to issue public policies that grant exemptions to specific groups of foreign nationals from certain immigration requirements. On February 18, 2005, the Minister used this authority to create a pathway specifically for out-of-status spouses and common-law partners already living in Canada.

The policy operates within the Spouse or Common-law Partner in Canada (SCLPC) class — which is the inland spousal sponsorship stream. Before this policy existed, only applicants with valid immigration status could apply through this stream. Everyone else had to leave Canada and apply from outside — which meant separation, uncertainty, and in many cases significant hardship for couples who had built genuine lives together. This policy changed that. It is still active today. It has no expiry date. And it remains the primary framework for out-of-status spouses seeking permanent residence from within Canada in 2026.

What Does the Policy Actually Waive?

This is where many people get confused — so let’s be clear about what this policy does and does not do.
The A25(1) public policy provides three specific exemptions:

First, it waives the requirement under Regulation 124(b) to hold valid temporary resident status in Canada when applying under the SCLPC class. This is the main barrier it removes.
Second, it waives the general rule under IRPA section 21(1) that a person must not be inadmissible to become a permanent resident — but only insofar as that inadmissibility comes from being out of status.
Third, it waives the requirement under Regulation 72(1)(e)(i) to be in status at the time permanent residence is issued.

Everything else still applies. The policy does not waive criminal inadmissibility, security concerns, human rights violations, or organized criminality. It does not remove the requirement for a genuine relationship or a valid sponsorship undertaking. And it does not waive the requirement to hold a valid passport at the time PR is issued.
In plain terms — if your only problem is that you fell out of status, this policy addresses that. If there are other serious issues on your file, those still need to be dealt with separately.

Who Qualifies to Apply?

To be eligible, both the sponsor and the applicant need to meet specific requirements.

The sponsor — the Canadian citizen or permanent resident — must:

• Be at least 18 years old
• Be living in Canada and cohabiting with the applicant
• Not be receiving social assistance for reasons other than a disability
• Not have defaulted on a previous sponsorship undertaking
• Not have been convicted of certain serious offences

The applicant — the out-of-status spouse or partner — must:

• Be physically present in Canada
• Be living with the sponsor
• Be in a genuine marriage or common-law relationship
• Fall within one of the recognized “out of status” situations listed above
• Not have any inadmissibilities beyond lack of status

One thing worth noting — the sponsor’s income does not need to meet the Low-Income Cut-Off (LICO) for spousal sponsorships. This is already exempt for the SCLPC class, and the A25(1) policy makes that explicit. Financial income requirements that apply to other sponsorship categories do not apply here.

What Are the Benefits of Applying Under This Policy?

Beyond the obvious benefit of being able to apply from within Canada without leaving, the A25(1) policy comes with several practical advantages.

Open work permit eligibility. Once IRCC issues an Approval in Principle — which is the positive first-stage decision — the out-of-status spouse becomes eligible for a spousal open work permit. This means they can legally work for any employer in Canada while waiting for the final PR decision.
Excessive-demand medical exemption. The applicant will not be refused on the grounds that their medical condition would place excessive demand on Canada’s health or social services system. This is automatically waived for spouses under this policy.
Automatic stay of removal. Once Approval in Principle is granted, Regulation 233 kicks in automatically — meaning CBSA cannot remove the applicant while the SCLPC application remains active.
Administrative deferral of removal. While the application is being processed and before Approval in Principle is issued, CBSA may exercise discretion to defer removal. This is not automatic and does not apply to cases involving serious criminality, security concerns, or misrepresentation — but for straightforward out-of-status situations, it is a real and important protection.

How to Apply — Step by Step

Step 1 — Confirm eligibility. Both you and your sponsor need to meet all SCLPC class requirements. Do not skip this step or assume you qualify without reviewing everything carefully.
Step 2 — Build your relationship evidence package. This is the most important part of your application. IRCC needs to be convinced your relationship is genuine. Strong evidence includes marriage certificates, proof of cohabitation month by month, joint financial accounts, communication records, photographs across different time periods and locations, and statutory declarations from people who know you as a couple.
Step 3 — Complete the sponsorship undertaking. Your Canadian sponsor needs to sign a three-year sponsorship agreement taking legal responsibility for supporting you financially.
Step 4 — Complete the SCLPC application forms for the Spouse or Common-law Partner in Canada class — not the outland Family Class. Filing under the wrong class is one of the most common and costly mistakes people make.
Step 5 — Include a policy submission cover letter. This is critical and often overlooked. Your application must explicitly request processing under the A25(1) public policy of February 18, 2005 and clearly identify which out-of-status situation applies to you. Without this letter, your application may not be processed correctly.
Step 6 — Pay all applicable fees. This includes the sponsorship fee, the principal applicant processing fee, and the Right of Permanent Residence Fee. Government fees total approximately $1,225 CAD as of 2026, not including medical exam and other associated costs.
Step 7 — File through the IRCC Permanent Residence Portal. Paper filing is only permitted with an approved accommodation request.
Step 8 — Apply for a spousal open work permit in parallel. Do not wait for Approval in Principle if you need to work. There are pathways to apply for the open work permit simultaneously — your consultant can advise on the right timing.

Processing Times in 2026

IRCC currently reports approximately 27 months for inland SCLPC applications overall.
Approval in Principle — the first-stage positive decision — is often issued within 6 to 10 months. This is the milestone that matters most in the early stages because it triggers the open work permit eligibility and the automatic stay of removal under Regulation 233.
After Approval in Principle, the file moves to final processing where background checks, medical results, and remaining document reviews are completed before permanent residence is issued.

What If You Are at Risk of Removal?

Filing an SCLPC application under the A25(1) policy does not automatically stop CBSA from removing you. This is a point many people misunderstand.
If you have an upcoming removal date, you need to act immediately — not just file the SCLPC application and assume the removal will pause. You may need to seek an Administrative Deferral of Removal from CBSA or an urgent stay from the Federal Court depending on your circumstances.
Once Approval in Principle is granted, the automatic stay under Regulation 233 kicks in and removal is paused for the duration of the active application. But until that point, CBSA remains in control.
If there is any removal risk in your situation, do not navigate this alone.

Common Mistakes That Derail Applications

Not including the policy request letter. Always explicitly ask for processing under the A25(1) public policy in a cover letter. Do not assume IRCC will figure it out from context.
Filing under the wrong stream. SCLPC is the inland class. If you file under the outland Family Class by mistake, the policy does not apply. You would need to withdraw and refile — losing time and fees.
Weak relationship evidence. Month-over-month cohabitation proof is essential. A handful of photos and a marriage certificate is not enough. Officers want to see a consistent, detailed record of a life built together.
Ignoring CBSA. If you have a removal date set, filing the SCLPC application does not automatically defer it. Address this proactively.
Not applying for the open work permit. Many applicants are eligible for a spousal open work permit and simply do not know it — or wait too long to apply.

What If Your Previous Application Was Refused?

A prior refusal — even an H&C refusal — does not bar you from applying under the A25(1) policy. What matters is whether your current relationship is genuine and whether your out-of-status situation falls within the policy’s scope.
The exception is if the prior refusal involved misrepresentation, criminality, or a removal order for reasons beyond lack of status. In those cases, this policy is not the right route and you need separate legal advice.

Final Thoughts

Being out of status does not mean being out of options.
Canada has had a public policy in place for over two decades specifically designed for genuine couples in this situation. It is not a loophole. It is a recognition that real people fall out of immigration status for real reasons — and that forcing couples apart when a legitimate pathway exists serves no one.
If you are living out of status in Canada with a Canadian citizen or permanent resident spouse, the most important thing you can do right now is understand your options clearly and move forward with the right information.Not next month. Not after the next permit expires. Now.