A25(1) Public Policy: Out-of-Status Spouses Applying for PR in Canada

Last updated: August 20, 2026 · By Dimple Verma, RCIC-IRB (R708308)

If you are a foreign national living in Canada without valid immigration status, and your spouse or common-law partner is a Canadian citizen or permanent resident, you may still be eligible to apply for permanent residence from within Canada. IRCC processes these cases under a long-standing public policy issued under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA), first announced on February 18, 2005 and still in force in 2026.

This guide explains exactly how the A25(1) public policy for the Spouse or Common-law Partner in Canada (SCLPC) class works, who qualifies as “out of status,” what the policy waives, what it does not waive, and how to strengthen your file so that it actually gets approved.

What is the A25(1) public policy for out-of-status spouses?

Under IRPA subsection 25(1), the Minister of Immigration can issue a public policy to grant classes of foreign nationals an exemption from specific inadmissibilities or Regulation requirements. On February 18, 2005, the Minister issued the Public Policy Under A25(1) of IRPA to Facilitate Processing in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class.

The objective is simple: keep genuine spouses and partners together in Canada instead of forcing an out-of-status partner to leave and apply from overseas. Before this policy, only spouses with valid status could apply through the SCLPC class. Everyone else had to file from outside Canada or rely on discretionary humanitarian and compassionate relief.

Who counts as “out of status” for this policy?

IRCC operational guidance identifies the following situations as “lack of status” for the purposes of the A25(1) policy:

• 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 passport (unless the person later acquired Canadian citizenship by grant).

The following situations are not covered by the A25(1) public policy — a separate humanitarian and compassionate application under section 25 of IRPA is normally required:

• The applicant was previously deported and returned to Canada without written authorization to return.
• The applicant used fraudulent documents to enter Canada (a possible misrepresentation finding under A40).
• The applicant is subject to a removal order for reasons other than a simple lack of status.

What exactly does the policy waive?

The A25(1) public policy provides three targeted exemptions so that an out-of-status spouse can be processed inside Canada:

1. R124(b) — the requirement to have valid temporary resident status in Canada when applying under the SCLPC class.
2. A21(1) — the general rule that a person must not be inadmissible in order to become a permanent resident, insofar as the inadmissibility flows from lack of status.
3. R72(1)(e)(i) — the requirement to be in status at the time of PR issuance for members of a class prescribed in R124.

Every other requirement of the SCLPC class still applies. The policy does not waive:

• The bona fide relationship test under R4 (marriages of convenience) or R4.1 (relationships that were dissolved primarily to acquire immigration status).
• Criminal inadmissibility (A36).
• Security inadmissibility (A34).
• Human rights violations (A35).
• Organized criminality (A37).
• Public health protection (excluding excessive-demand, which is already waived for spouses).
• The requirement to submit a valid sponsorship undertaking.
• The requirement to hold a valid passport at the time of PR issuance.

Benefits of applying under this policy

Applications processed under the A25(1) policy enjoy several practical benefits that H&C applicants do not automatically receive:

• LICO exemption — the sponsor’s income does not need to meet the Low-Income Cut-Off (spousal applications are already exempt, and this policy makes that explicit).
• Excessive-demand medical exemption under A38(1)(c) — the applicant will not be refused for costing the health or social services system too much.
• Priority processing once the officer confirms the relationship is bona fide (step-one Approval in Principle).
• Open work permit and study permit eligibility after the positive step-one decision — allowing the spouse to work legally in Canada while waiting for step-two final approval.
• Automatic R233 stay of removal after Approval in Principle for as long as the SCLPC application remains active.
• CBSA administrative deferral of removal may be granted while the SCLPC application is being processed (subject to CBSA’s own exclusion list — serious criminality, security, and misrepresentation cases will still be removed).

How to apply step-by-step

1. Confirm you and your spouse meet the SCLPC class requirements — sponsor is a Canadian citizen or PR at least 18 years old, cohabiting with the applicant in Canada.
2. Prepare the bona fides package — marriage certificate, cohabitation proof, joint accounts, communication records, sworn statements from third parties, photographs across time and locations.
3. Complete the sponsorship undertaking (Application to Sponsor + Sponsorship Agreement — three-year duration).
4. Complete the SCLPC application forms under the “Spouse or Common-law Partner in Canada Class.”
5. Include a policy submission letter that clearly requests processing under the A25(1) public policy of February 18, 2005 and confirms which of the “lack of status” situations applies.
6. Pay all fees — sponsor + principal applicant + Right of Permanent Residence Fee (CAD $600 as of April 30, 2026).
7. File through the IRCC Permanent Residence Portal. Paper filing is only allowed with an approved accommodation.
8. Apply for a spousal open work permit (SOWP) in parallel — under public policy C41 for inland spouses (an applicant with pending SCLPC file is eligible for an SOWP once step-one AIP is issued, and often earlier).

Quebec applicants

Applicants residing in Quebec must also meet Quebec sponsorship criteria and obtain a Quebec sponsorship undertaking from the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). The A25(1) public policy does not waive Quebec’s own requirements.

Do you need a Certificat de sélection du Québec (CSQ)?

SCLPC applicants — including out-of-status spouses using the A25(1) policy — are exempt from the CSQ requirement itself. However, the Quebec sponsorship undertaking is still required, and applications processed in Quebec are subject to that province’s own timelines.

What if I was refused before?

A prior H&C refusal does not bar a new SCLPC application under the A25(1) policy. What matters is whether the current relationship is genuine and whether the applicant fits inside the “lack of status” definitions above. If the prior file was refused for misrepresentation, criminality, or a removal order for reasons other than lack of status, this policy will not help — a separate H&C or Federal Court judicial review may be the correct path.

Removal risk — what to expect while waiting

Filing an SCLPC application under the A25(1) policy does not automatically stop CBSA from removing you. CBSA’s administrative deferral of removal (ADR) is discretionary and excludes cases involving:

• Serious criminality (A36(1))
• Security concerns (A34)
• Human rights violations (A35)
• Organized criminality (A37)
• Misrepresentation (A40)

Once IRCC issues Approval in Principle (step one), the automatic stay of removal under Regulation 233 kicks in and CBSA cannot remove the applicant while the SCLPC application remains active.

What if my relationship breaks down before Approval in Principle?

If the relationship ends, the SCLPC application will normally be refused because the class requires cohabitation. Options at that point are limited to H&C consideration (separate application) or leaving Canada and applying under a different program. If domestic violence or abuse is involved, IRCC has a separate fee-exempt open work permit under public policy 2019 and a dedicated H&C stream — do not delay seeking help.

Common mistakes we see

• Not asking for the policy in writing. Always include a cover letter explicitly asking for processing under the A25(1) public policy of February 18, 2005.
• Weak cohabitation evidence. Officers want month-over-month records, not a snapshot.
• Filing under the wrong class (Family Class — outland) instead of SCLPC (inland). Once filed under Family Class, the applicant cannot use the policy without withdrawing and refiling.
• Ignoring CBSA. If a removal date is set, seek a stay from Federal Court or an ADR from CBSA — do not assume filing the SCLPC application will delay removal automatically.
• Forgetting to apply for the spousal open work permit in parallel.

When you should consult an RCIC

The A25(1) public policy looks straightforward on paper but hides several traps: overlap with H&C, active removal orders, misrepresentation risk, Quebec’s parallel process, and CBSA’s discretionary ADR criteria. A regulated immigration consultant or lawyer can help if:

• You have an active removal order or an approaching CBSA removal date.
• You have a prior refusal, deportation, or misrepresentation finding.
• You need a spousal open work permit filed at the same time.
• Your relationship is under one year old or you are in a common-law situation without formal documentation.
• You are in Quebec.

VG Immigration Services Inc. handles spousal, common-law, and A25(1) out-of-status cases across Ontario, Quebec, and the rest of Canada. Book a consultation or reach us at immigration@vgis.ca / WhatsApp +1 (416) 578-9269.

Frequently asked questions

Is the A25(1) public policy for out-of-status spouses still active in 2026?

Yes. The policy has been in force since February 18, 2005 and has not been rescinded. It is the standard operating framework for the SCLPC class where the applicant lacks valid temporary resident status.

Can I include my child from a previous relationship on the same application?

Yes, if the child is your dependent child and is either in Canada or being sponsored abroad as an accompanying dependent. Your spouse must consent to sponsor the child as well.

Will IRCC deport me for admitting I am out of status?

No. The public policy exists specifically so genuine spouses can regularize their status. Officers do not refer applicants for removal solely on the basis of the disclosure made in the SCLPC application. However, if you already have an enforceable removal order, CBSA remains in control until Approval in Principle triggers a stay under R233.

How long does processing take?

IRCC currently reports approximately 27 months for inland SCLPC applications. Approval in Principle is often issued within 6–10 months, at which point the open work permit becomes available and the R233 stay of removal takes effect.

Does the policy waive the passport requirement?

No. A valid passport is required at the time of PR issuance. Applicants without passports must renew before the final decision is made.

What if my spouse is on social assistance?

Spousal sponsorships (including SCLPC) do not require the sponsor to meet a minimum income (LICO). Social assistance receipt only disqualifies the sponsor if it is due to a reason other than disability.

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Sources (all verified August 20, 2026):

• IRCC — Public Policy Under A25(1) of IRPA to Facilitate Processing … Spouse or Common-law Partner in Canada Class
• Immigration and Refugee Protection Act — s. 25 (H&C and public policy)
• Immigration and Refugee Protection Regulations — s. 124 (SCLPC class)
• IRCC — Determining membership in the Spouse or Common-law Partner in Canada class
• IRCC — Sponsor your spouse, partner, or dependent child

Written by Dimple Verma, RCIC-IRB (R708308), Founder, VG Immigration Services Inc. This article is general information, not immigration advice. Every file is different — book a consultation for advice on your specific circumstances.