Canada has extended an important measure that can help certain temporary foreign workers apply to extend their work permits before receiving a new positive Labour Market Impact Assessment (LMIA).
The measure is particularly relevant to workers whose current employer-specific work permits are about to expire while their employers’ LMIA applications are still being processed.
Under the current rules, eligible workers can submit a work permit extension application without the new positive LMIA, provided specific conditions are met. They must subsequently submit the LMIA or other required document within the prescribed period.
This can be important because LMIA processing can take considerable time, while workers must protect their legal status and, where eligible, their ability to continue working in Canada.
What Is the New Measure?
Normally, an employer that wants to continue employing a temporary foreign worker in an LMIA-required position must obtain a new LMIA before the worker applies for a new work permit.
However, Canada allows certain workers to submit their work permit extension applications before the positive LMIA is available.
The current rules provide a limited grace period for submitting the missing LMIA after the work permit application has been filed.
The worker must submit the required LMIA within 90 days of IRCC receiving the work permit application. If the required document is not submitted within that period, the application may be refused as incomplete.
Who Can Use This Measure?
This is not a general exemption from the LMIA requirement.
A worker generally needs to meet specific conditions, including:
- The current work permit is expiring in two weeks or less
- The employer has already submitted a complete LMIA application
- The worker submits the work permit extension application before the current permit expires
- The worker provides evidence that the LMIA application was submitted
- The required LMIA is submitted to IRCC within the applicable 90-day period
This distinction is important.
An employer simply planning to apply for an LMIA is not the same as having already submitted a complete LMIA application.
Why Is the 90-Day Period Important?
The 90-day period gives the LMIA process additional time to catch up with the work permit application.
For example:
Example
A worker’s employer-specific work permit expires on September 10.
The employer has already submitted a complete LMIA application, but ESDC has not yet issued a decision.
If the worker meets the other requirements, the worker may be able to submit the work permit extension application without waiting for the positive LMIA.
The worker would then need to provide the LMIA to IRCC within the required 90-day period.
This can prevent the worker from having to wait until the LMIA is finalized before submitting the work permit application.
What Documents Should Be Included?
If the positive LMIA is not yet available, IRCC requires additional evidence with the work permit application.
The worker should generally provide:
1. Proof of a valid job offer
This demonstrates that the employer intends to continue employing the worker.
2. Proof that the LMIA application was submitted
Depending on how the employer applied, this can include:
- A copy of the LMIA application submitted to Service Canada; or
- The receipt/confirmation number for an online LMIA application.
The worker must also provide information about the LMIA request in the “Details of intended work in Canada” section of the work permit application.
Timing Is Critical
One of the most important aspects of this measure is when the worker applies.
The special option to apply without the LMIA is available only where the worker’s current work permit expires in less than two weeks.
This creates an unusual situation.
Normally, IRCC recommends applying to extend a work permit at least 30 days before it expires.
However, where the worker needs to rely on this specific LMIA-without-decision procedure, the eligibility conditions require the work permit to expire within two weeks.
Workers therefore need to distinguish between:
the general recommendation to apply early
and
the specific eligibility requirements for applying before the positive LMIA is available.
Can the Worker Keep Working After the Permit Expires?
Potentially, yes.
If a worker submits an eligible application to extend their work permit before the existing permit expires, the worker may have maintained status.
For an employer-specific work permit, the worker can generally continue working under the same conditions while IRCC processes the extension application. This means the worker must continue working for the same employer and under the same job and work-location conditions.
This is one of the most important practical benefits of submitting the application on time.
However, maintained status does not mean the worker can freely change employers or jobs.
The conditions of the existing work permit continue to matter.
What If the LMIA Is Not Submitted Within 90 Days?
This is where applicants need to be particularly careful.
IRCC states that if the required LMIA or CAQ is not submitted within 90 days, the application may be refused as incomplete.
Therefore, submitting the work permit application without the positive LMIA is not a way to avoid the LMIA requirement.
It is better understood as a temporary procedural accommodation that allows the work permit application to be submitted while the LMIA process is still underway.
The LMIA remains essential.
What Happens If the LMIA Is Refused?
The measure does not guarantee either the LMIA or the work permit.
The employer’s LMIA application must still be assessed by Employment and Social Development Canada (ESDC).
If the LMIA is negative, the worker’s work permit application may ultimately be refused because the required basis for the employer-specific work permit is missing.
A positive LMIA is therefore still the critical underlying requirement for an LMIA-based work permit. ESDC confirms that positive LMIAs are valid for up to six months after issuance.
This Is Not the Same as an LMIA-Exempt Work Permit
Another important distinction is between:
TFWP work permits
and
LMIA-exempt work permits under the International Mobility Program (IMP).
The TFWP generally requires an employer to obtain an LMIA before the foreign worker can obtain the corresponding work permit.
The IMP, by contrast, contains categories where an LMIA is not required.
Therefore, this grace-period measure should not be described as creating a new LMIA exemption.
It simply allows certain workers to submit their work permit applications before the positive LMIA is available.
Why Does This Matter in 2026?
LMIA processing can create a timing problem for employers and workers.
ESDC advises employers to apply as early as possible and notes that LMIA applications can be submitted up to six months before the expected job start date. Processing times vary by stream, and minimum advertising requirements must also be completed before an LMIA application can be submitted.
For a worker whose existing permit is approaching expiry, waiting for the LMIA decision before filing the work permit application can create unnecessary timing pressure.
The extended grace-period approach provides a mechanism for eligible workers to get the work permit application into the IRCC system while the LMIA process continues.
What Employers Should Do
Employers should not wait until the last minute to begin the LMIA process.
A practical approach is to:
- Determine whether a new LMIA is required.
- Start the LMIA process well before the worker’s permit expires.
- Complete all required recruitment and advertising.
- Submit a complete LMIA application.
- Give the worker proof that the LMIA application was submitted.
- Coordinate the work permit extension application with the worker.
- Monitor the LMIA application closely.
- Provide the positive LMIA to the worker as soon as it is issued.
ESDC specifically recommends applying for an LMIA as early as possible because processing times vary by stream.
What Workers Should Do
Workers approaching the expiry of an LMIA-based work permit should also take an active role.
Check the expiry date
Do not rely on the employer to monitor the immigration status deadline.
Ask whether the LMIA has been submitted
A promise that the employer “will apply” is not sufficient for this procedure.
Obtain proof of the LMIA application
The worker needs evidence that the employer submitted the required LMIA application.
Submit the work permit application correctly
Errors or missing documents can create additional problems.
Monitor the 90-day deadline
Once the work permit application has been submitted without the LMIA, the worker must ensure that the required document reaches IRCC within the applicable period.
Maintain the same employment conditions
If relying on maintained status, an employer-specific work permit holder generally must continue under the same employer, job and work location.
What If the Work Permit Has Already Expired?
This is a different situation.
If the worker did not apply for the work permit extension before the existing permit expired, the worker generally cannot simply rely on maintained status.
A worker who has lost status may be eligible to apply for restoration of status, generally within 90 days, but there is no guarantee of approval. Importantly, a person who is restoring status after the permit has expired must stop working until authorization is restored.
This is why the timing of the extension application is critical.
Common Mistakes to Avoid
❌ Waiting for the LMIA before doing anything
If the worker’s permit is approaching expiry, waiting too long can create unnecessary risk.
❌ Assuming an LMIA application is the same as an approved LMIA
It is not.
The employer must ultimately obtain the required positive LMIA.
❌ Applying without evidence that the LMIA was submitted
The worker needs to demonstrate that the employer has actually submitted the LMIA request.
❌ Missing the 90-day deadline
The required LMIA or CAQ must be submitted within the applicable period.
❌ Changing employers while relying on an employer-specific permit
Maintained status generally preserves the conditions of the existing permit; it does not automatically authorize a worker to start working for another employer.
The Bigger Picture
Canada’s decision to maintain and extend this procedural flexibility reflects a practical problem within the TFWP.
There are two separate government processes:
ESDC → LMIA
and
IRCC → Work Permit
A worker’s existing permit can expire while the first process is still underway.
The grace-period mechanism helps bridge that timing gap for eligible applicants.
But it does not remove the labour-market assessment.
It does not guarantee a positive LMIA.
And it does not guarantee a new work permit.
Final Thoughts
The extended grace period is an important measure for temporary foreign workers whose employers have submitted an LMIA application but have not yet received the positive decision.
The key points are:
✔ The worker may be able to apply for the work permit before receiving the positive LMIA.
✔ The current work permit generally must expire in two weeks or less for this specific procedure.
✔ The employer must already have submitted a complete LMIA application.
✔ Proof of the LMIA submission must be included with the work permit application.
✔ The positive LMIA or other required document must generally be submitted within 90 days.
✔ Applying before the current permit expires can preserve maintained status where the worker is eligible.
✔ The worker must continue following the conditions of the existing employer-specific permit while waiting.
The most important lesson for both employers and workers is simple:
Do not wait until the work permit has expired to solve an LMIA timing problem.
The grace period provides additional flexibility, but it is a narrow procedural safeguard—not a substitute for a positive LMIA.
