Canada Removes 90-Day Waiting Limit for LMIA-Based Work Permit Applications: What Foreign Workers Need to Know
If you are a temporary foreign worker in Canada and your work permit is about to expire while your employer is waiting for a Labour Market Impact Assessment (LMIA), an important immigration policy change may affect you.
On October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) updated its Program Delivery Instructions (PDI) concerning work permit applications supported by an LMIA under the Temporary Foreign Worker Program (TFWP).
The change is particularly important for workers who need to extend their employer-specific work permits but whose employers have not yet received a decision on their LMIA applications.
The big news: IRCC has removed the 90-day waiting limit for eligible work permit applications submitted through concurrent processing.
Instead of making a decision after a fixed period, IRCC officers must now wait until Employment and Social Development Canada (ESDC) makes a final decision on the pending LMIA.
Let's explain what this means and who can benefit.
First, what is concurrent processing?
Normally, a foreign worker applying for an employer-specific work permit under the TFWP must have a positive or neutral LMIA before IRCC can approve the work permit.
An LMIA is an assessment conducted by ESDC to determine whether hiring a foreign worker will have a positive or neutral effect on Canada's labour market.
However, there is an exception for certain foreign workers already in Canada.
Under IRCC's concurrent processing policy, an eligible worker may submit a work permit application while the employer's LMIA application is still being processed.
This is particularly useful when the worker's existing work permit is about to expire and waiting for the LMIA decision would otherwise prevent them from submitting an application before their current authorization expires.
In other words, the worker does not necessarily have to wait for the employer to receive the LMIA decision before submitting the work permit application.
However, this arrangement is subject to specific eligibility requirements.
The evolution of the 60-day and 90-day waiting periods
To understand the latest development, let's look at how IRCC's policy changed.
The original 60-day period
Under the earlier instructions, IRCC allowed eligible work permit applications under concurrent processing to remain on hold for up to 60 days while waiting for ESDC to decide on the employer's LMIA.
The intention was to give employers time to obtain their LMIA decisions while allowing foreign workers to submit their work permit applications before their existing permits expired.
August 21, 2026: Extended to 90 days
On August 21, 2026, IRCC extended the waiting period from 60 days to 90 days.
This provided an additional 30 days for ESDC to process the employer's LMIA application.
However, a problem remained.
What would happen if ESDC still had not made a decision after 90 days?
Under the previous instructions, IRCC could proceed with a final decision on the work permit application even if the LMIA was still pending. This created the risk of refusal simply because the employer's LMIA had not been decided within the prescribed period.
October 28, 2026: The 90-day limit is removed
IRCC has now changed the instructions again.
Under the updated policy, officers will no longer make a decision on eligible concurrent-processing work permit applications until a final decision has been made on the associated LMIA.
There is no longer a fixed 60-day or 90-day waiting period.
The application can remain pending beyond 90 days while ESDC completes its LMIA assessment.
The policy changes at a glance
Date | IRCC policy |
Before August 21, 2026 | 60-day waiting period |
August 21, 2026 | Extended to 90 days |
October 28, 2026 | No fixed waiting period; IRCC waits for the final LMIA decision |
This is a welcome development for workers whose employers are experiencing lengthy LMIA processing times.
Who qualifies for concurrent processing?
Not every temporary foreign worker with a pending LMIA can benefit from this policy.
According to IRCC's updated instructions, concurrent processing is available to eligible applications submitted from inside Canada under section 199 of the Immigration and Refugee Protection Regulations (IRPR).
The worker must provide evidence that the following conditions are met:
1. Your existing work permit expires in two weeks or less.
The worker's current permit must be approaching expiry. The requirement is that it expires within two weeks or less when the work permit application is submitted.
2. Your employer has submitted a complete LMIA application.
It is not enough for the employer to say that an LMIA application is being prepared.
There must be evidence that a complete LMIA application has actually been submitted to ESDC.
3. The employer submitted the LMIA sufficiently early.
This is an important requirement that workers and employers should not overlook.
The employer must have submitted the LMIA application sufficiently in advance, taking into account ESDC's published processing times, so that a decision could reasonably have been expected before the worker's existing work permit expired.
IRCC specifically warns employers against submitting an LMIA application immediately before the worker's work permit application and expecting concurrent processing to be automatically allowed.
Such requests will be considered on an exceptional basis.
4. ESDC has not yet made a decision.
The LMIA application must still be pending when the worker submits the work permit application.
If these conditions are met, IRCC can hold the work permit application until ESDC makes its decision.
For workers employed in Quebec, a Quebec Acceptance Certificate (CAQ) may also be required, and IRCC's instructions account for this requirement.
How do you identify your application for concurrent processing?
IRCC has also provided instructions to help applicants identify work permit applications that require concurrent processing.
Applicants are encouraged to use the code CPTS2026 in the intended occupation field when submitting their applications.
This code helps IRCC identify and track applications requiring concurrent processing in its Global Case Management System (GCMS).
Importantly, the code is for tracking purposes only.
The absence of the code should not affect the officer's decision if the applicant otherwise meets the eligibility requirements.
Workers should also include supporting evidence showing that their employer has submitted a complete LMIA application.
This may include the LMIA submission confirmation and other relevant employment documents.
Can you continue working while waiting for the LMIA decision?
This is probably the most important question for temporary foreign workers.
The answer may be yes, provided you meet the requirements for maintained status and authorization to continue working.
Under subsection 183(5) of the IRPR, a temporary resident who applies to extend their authorized stay before their status expires may remain in Canada under the applicable conditions while IRCC processes the application.
For work permit holders, paragraph 186(u) of the IRPR provides the authority to continue working without a new work permit while a qualifying work permit extension application is pending.
Generally, the worker must:
Have submitted the work permit extension application before the existing work permit expires.
Remain in Canada while the application is being processed.
Continue working under the same conditions imposed by the original work permit.
For an employer-specific work permit, this generally means continuing to work for the same employer, in the same occupation and under the same conditions.
The important distinction: The October 28 update does not create maintained status or independently grant authorization to work. Those rights arise from the applicable immigration regulations.
The policy change helps eligible applications remain pending until the LMIA decision is available, potentially allowing qualifying workers to maintain their existing work authorization for longer.
Workers should also understand that leaving Canada while on maintained status can affect their ability to resume working upon return.
What happens if the LMIA is approved?
If ESDC issues a positive or neutral LMIA, IRCC can proceed with the work permit application.
However, a positive LMIA does not automatically guarantee work permit approval.
IRCC officers must still assess the application and determine whether the worker meets the applicable requirements under section 200 of the IRPR.
These include:
Whether the worker is the person named in the LMIA.
Whether the job offer is genuine.
Whether the worker meets the employment requirements of the occupation.
Whether the worker is admissible to Canada.
Whether all other applicable work permit requirements are satisfied.
The LMIA is an important part of the process, but it is not a guarantee of a work permit.
What happens if the LMIA is refused?
The October 28 update does not protect a worker against a negative LMIA decision.
If ESDC refuses the LMIA, the employer no longer has the positive or neutral LMIA required to support the work permit application under the TFWP.
IRCC can then proceed with its assessment, and the work permit application may be refused.
The worker should not assume that the application can remain pending indefinitely or that maintained status will continue regardless of the outcome.
Depending on the circumstances, the worker may need to consider other options, including:
Exploring another eligible work permit category.
Finding another employer willing to pursue an LMIA, if appropriate.
Applying to change their status to a visitor, if eligible.
Exploring available permanent residence pathways.
The appropriate option depends on the worker's individual circumstances and eligibility.
What should employers and temporary foreign workers do?
If your work permit is approaching expiry and your employer is applying for an LMIA, preparation and timing are critical.
Here are some practical steps:
For employers:
Start the LMIA process well in advance of the worker's permit expiry.
Ensure that the LMIA application is complete.
Consider ESDC's published processing times when planning the submission.
Keep proof of the LMIA submission and payment, where applicable.
Provide the worker with the necessary documentation for the work permit application.
For foreign workers:
Check the expiry date of your existing work permit.
Confirm that your employer has submitted a complete LMIA application.
Make sure the LMIA was submitted sufficiently early to meet the concurrent processing requirements.
Prepare and submit your work permit application before your current permit expires.
Include evidence of the pending LMIA and identify the application for concurrent processing using the applicable IRCC instructions.
Keep copies of your application and submission confirmation.
Monitor the status of both the LMIA and work permit applications.
Do not wait until your work permit expires before seeking advice or preparing your application.
The Bottom Line: More Time to Wait, But Not an Automatic Work Permit
The October 28, 2026 IRCC update is a significant development for eligible temporary foreign workers in Canada.
The progression from 60 days to 90 days and now to an indefinite hold pending the LMIA decision addresses a practical problem: workers should not necessarily face a work permit refusal simply because ESDC takes longer than expected to process an employer's LMIA.
However, the underlying immigration requirements remain unchanged.
A positive or neutral LMIA is still necessary for a work permit under the TFWP. Workers must still qualify for the work permit, and employers must comply with the applicable LMIA requirements.
Most importantly, concurrent processing is not available to everyone. The worker's existing permit must expire in two weeks or less, and the employer must have submitted a complete LMIA application sufficiently early.
The lesson is simple: Do not leave your immigration status to the last minute. Plan ahead, understand your options, and make sure your application is properly submitted before your existing authorization expires.
Need help with your Canadian work permit?
Gateway to Canada helps Filipino workers and prospective immigrants understand Canadian immigration programs, work permit options and pathways to permanent residence.
If your work permit is expiring and your employer has an LMIA application in progress, seek professional immigration advice to determine whether you qualify for concurrent processing and what steps you should take.
Gateway to Canada – Canadian Immigration Consultancy
Helping Filipinos navigate their journey to Canada.
Disclaimer: This article is for general information and educational purposes only. It is not legal advice and does not guarantee an immigration outcome. Immigration laws, policies and processing instructions may change. Eligibility must be assessed based on the applicant's individual circumstances.
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