Sponsoring a spouse who is out of status in Canada: the public policy, who it excludes, and the work permit wait

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 11, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 10, 2026: IRCC’s spousal public policy and its instructions on the spouse or common-law partner in Canada class (modified June 8, 2022) checked that day.

If your spouse or common-law partner is living with you in Canada without status, you can usually still sponsor them from inside Canada. Since 2005, an IRCC public policy has waived the normal requirement that the person sponsored in the spouse or common-law partner in Canada class hold temporary status. The relationship must be genuine, you must live together, and every other requirement still applies. The policy does not protect people who are inadmissible for other reasons, such as criminality, and it does not reliably stop removal once CBSA has scheduled it. Out-of-status spouses also cannot get an open work permit until the application is approved in principle.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares inland spousal sponsorships for out-of-status partners and handles the removal issues that come with them; this guide is by Prabhpreet Kaur Sangha.

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What does the public policy do?

IRCC’s spousal public policy waives the temporary status requirement and inadmissibility for lack of status for spouses and common-law partners in the in-Canada class. It applies “only to relationships in which undertakings of support have been submitted”, and “Criminal and security prohibitions are not waived under this public policy”.

IRCC’s instructions say the policy “facilitates the processing of genuine out-of-status spouses or common-law partners.”

Why this needs a lawyer

One lawyer, one file, every step:

• checking for any removal order, past removal or other inadmissibility before filing;
• a sponsorship that proves the relationship and cohabitation;
• dealing with CBSA, including a deferral request or a stay motion if removal is scheduled;
• the open work permit once first-stage approval arrives.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Who is excluded?

• People inadmissible on other grounds, such as criminality, security or misrepresentation. The policy waives only the lack of status.
• People under a removal order for reasons other than lack of status: IRCC says they can apply, but “they cannot be granted permanent residence as they will be found inadmissible in the second stage of processing.”
• Relationships excluded by the Regulations, or that are not genuine.

Under the policy, people inadmissible under sections 34 or 35, people with an outstanding removal warrant, and people who have previously hindered or delayed removal do not get the administrative deferral of removal.

Does applying stop removal?

Not always. The policy describes a 60-day administrative deferral for some applicants and a stay once the application is approved in principle. But someone who applies after CBSA has found them removal-ready “will not benefit from the administrative deferral of removal.”

Out-of-status spouses at a glance

When can my spouse work?

Not right away. IRCC’s instructions say applicants processed under the public policy for lack of status “are not eligible to be issued an open work permit under these measures” at filing, and must “wait until they have met eligibility requirements, and received approval in principle.” Until then, working is unauthorized and can create a new problem.

Worked example: the overstay

Example. A man in Abbotsford came as a visitor, overstayed, and has lived with his Canadian wife for two years. He has no criminal record and no removal order. His wife sponsors him inland under the public policy, with joint lease, bank and photo evidence. He does not work while waiting. When the application is approved in principle, he applies for an open work permit.

Mistakes I have seen

• I have seen out-of-status spouses keep working while the sponsorship was pending.
• I have seen couples wait until CBSA set a removal date before filing.
• I have seen applicants leave out a past refusal or removal from their forms.

Frequently asked questions

Should we apply inland or outland?

Inland under the public policy keeps the couple together in Canada, but there is no appeal if it is refused. Outland gives an appeal right. See our guide on inland and outland sponsorship.

My partner had a failed refugee claim. Can we still apply?

Often yes, if the only problem is lack of status. A removal order or other inadmissibility changes that, so get advice first.

Does a conjugal partner qualify?

No. The in-Canada class is for spouses and common-law partners who live together.

Related guides

See our guides on inland and outland sponsorship, being out of status for more than 90 days and a stay of removal.

Related guides: an inland sponsorship with no AOR.

What should I do right now?

Check whether your partner has any removal order, past removal or criminal record. Gather proof that you live together. Don’t wait for a call from CBSA before filing.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• IRCC: Public policy on spouses and common-law partners in Canada (announced February 18, 2005; modified March 12, 2018)
• IRCC: Determining membership in the spouse or common-law partner in Canada class (modified June 8, 2022)

This article is general information, not legal advice. Every case depends on its own facts.