Canada has changed an important rule affecting some foreign workers whose work permits are about to expire while their employer is still waiting for a Labour Market Impact Assessment, or LMIA.
Immigration, Refugees and Citizenship Canada updated its instructions on October 28, 2026 so that qualifying work-permit applications submitted under concurrent processing will remain open until a decision is made on the related LMIA.
Previously, immigration officers could hold such an application for a maximum of 90 days while waiting for the LMIA.
What Has Canada Changed?
Under the new rule, IRCC says it will not make a final decision on an eligible work-permit extension until the employer’s pending LMIA or, where applicable, Quebec Acceptance Certificate has been decided.
Canada’s official work-permit extension guidance now states:
- the worker’s existing permit must expire in two weeks or less;
- the employer must already have submitted a complete LMIA or CAQ application; and
- IRCC will wait for the LMIA or CAQ decision before deciding the work-permit application.
This removes the previous fixed 90-day waiting limit.
What Was the Previous Rule?
On August 21, 2026, Canada had increased the concurrent-processing hold from:
60 days
to:
90 days.
Under that system, a worker could submit the work-permit extension while the employer’s LMIA remained pending, but an unresolved LMIA could eventually create problems once the 90-day period ended.
The October 28 change removes that fixed deadline.
Who Can Benefit?
This change does not apply to every person applying for a Canadian work permit.
It applies specifically to qualifying in-Canada applicants seeking a permit through the Temporary Foreign Worker Program while an employer’s LMIA remains under processing.
To use this concurrent-processing route, the worker’s existing permit generally must expire in:
14 days or less.
The employer must also have submitted the LMIA early enough that there was a reasonable expectation of receiving a decision before the current permit expired.
Can Workers Keep Working While Waiting?
A person who submits an eligible extension application before the existing work permit expires may benefit from maintained status.
This generally allows the worker to remain in Canada and continue working under the conditions of the existing permit while IRCC processes the extension application.
Applicants must still comply with the specific conditions applying to their case.
Is an LMIA Still Required?
Yes.
The new rule changes how long IRCC waits, not the underlying eligibility requirement.
For an LMIA-based Temporary Foreign Worker Program work permit, the employer still needs a positive or neutral LMIA before the new work permit can ultimately be issued.
An LMIA assesses whether hiring a foreign national would affect Canada’s labour market and whether qualified Canadian citizens or permanent residents are available for the position.
Why Is the Change Important?
LMIA processing can take considerably longer than several weeks.
Canada’s official September 2026 processing figures showed average times of:
| LMIA Stream | Average Processing Time |
|---|---|
| Global Talent Stream | 9 business days |
| Agricultural | 22 days |
| Seasonal Agricultural Worker Program | 7 days |
| High-wage | 98 days |
| Low-wage | 82 days |
| Permanent-resident stream | 79 days |
That means the earlier 90-day work-permit hold could become particularly important for applicants connected with slower LMIA streams.
Does This Mean Canada Has Made Work Permits Easier for Everyone?
No.
This is a procedural change for a specific category of in-Canada workers.
It does not:
- remove the LMIA requirement;
- guarantee work-permit approval;
- automatically make foreign workers eligible;
- remove employer eligibility requirements; or
- open a new Canadian immigration programme.
Applicants still need to meet all normal work-permit requirements.
LMIA Restrictions Still Apply in Some Cities
Separate LMIA restrictions also remain in effect.
Canada currently refuses to process many low-wage LMIA applications in census metropolitan areas where unemployment is 6% or higher.
The list was updated on October 9, 2026 and includes a number of major urban areas.
This rule is separate from the new concurrent-processing change.
What Should a Worker Do If Their Permit Is Expiring?
Workers whose permits are approaching expiry should first confirm whether their employer has already submitted a complete LMIA.
Canada advises that, in most cases, workers should normally wait for a positive LMIA before applying.
However, applicants whose permits expire in two weeks or less may qualify to apply while the LMIA is still pending if the necessary conditions are met.
Because maintained-status and work-permit rules can have significant immigration consequences, applicants should use IRCC’s current official guidance for their individual situation.
