Canada has made an important change for certain foreign workers whose work permits are expiring while their employers are still waiting for a Labour Market Impact Assessment (LMIA).

As of October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) has removed the previous time limit on how long a qualifying work permit application can be held while waiting for an LMIA decision.

Previously, IRCC officers were instructed to hold certain work permit applications for a maximum period while the employer’s LMIA remained pending.

That limit had recently been increased from 60 days to 90 days.

Now, the fixed waiting period has been removed.

Under IRCC’s updated approach, the work permit application is not to be finalized until the LMIA decision is received.

For eligible workers already in Canada, this can be significant—particularly at a time when some LMIA applications are taking several months to process.

But the change does not mean that anyone with a pending LMIA can automatically extend their work permit.

Specific requirements still apply.

What Changed?

The change concerns what is sometimes referred to as concurrent processing.

Normally, if your new employer-specific work permit requires an LMIA, your employer first obtains a positive LMIA.

Then you use that LMIA to apply for the work permit.

The normal sequence is:

Employer applies for LMIA

↓

Service Canada approves LMIA

↓

Worker applies for work permit

But there is an important situation where a worker already in Canada may be approaching the expiry of their existing work permit while the employer’s LMIA application is still being processed.

IRCC allows certain workers in this situation to submit their work permit extension application before the LMIA decision has been issued.

The sequence can therefore become:

Employer submits LMIA application

↓

Worker’s existing work permit approaches expiry

↓

Worker submits qualifying work permit extension without the final LMIA decision

↓

IRCC holds the work permit application

↓

Service Canada makes LMIA decision

↓

Worker submits LMIA decision to IRCC

↓

IRCC finalizes work permit application

The October 2026 change affects how long IRCC can wait for that LMIA decision.

What Was the Previous Rule?

Under the previous instructions, there was a limit on how long IRCC would hold the work permit application while waiting for the LMIA.

Earlier in 2026, that period was:

60 days

On August 21, 2026, it was increased to:

90 days

But LMIA processing can take longer than that.

This created a potential problem.

A worker could properly submit a work permit application while the employer’s LMIA was pending, but the LMIA might still not be finalized before IRCC’s waiting period expired.

The delay was therefore potentially outside the worker’s control.

What Is the New Rule?

IRCC has now removed that fixed time limit.

The updated guidance states that IRCC needs the LMIA or CAQ to finalize the work permit application and:

will not make a decision on the application until the LMIA or CAQ is received.

In practical terms, the work permit application can remain pending while the government completes the LMIA process rather than being subject to the former fixed 90-day waiting period.

This is particularly important when Service Canada processing times exceed the previous IRCC waiting period.

Why Does This Matter in 2026?

LMIA processing times have become lengthy in some streams.

For September 2026, Service Canada’s published average LMIA processing times were:

Global Talent Stream: 9 business days

Agricultural Stream: 22 business days

Seasonal Agricultural Worker Program: 7 business days

High-Wage Stream: 98 business days

Low-Wage Stream: 82 business days

Permanent Residence Stream: 79 business days

These are average processing times and can change from month to month.

But consider the practical issue:

A High-Wage Stream LMIA was averaging 98 business days.

Yet the previous IRCC waiting period for certain concurrent work permit applications was 90 days.

Those are also different measurements—business days versus calendar days—which could make the mismatch even greater.

The new approach reduces the risk that a work permit application will be decided simply because the LMIA has not yet finished processing within a fixed waiting period.

Important: Not Everyone Can Apply Without the LMIA

This is probably the most important limitation.

The new rule does not mean:

“If my employer submitted an LMIA, I can apply for a work permit at any time without waiting for the result.”

IRCC’s current instructions say that a worker can apply for a work permit extension without the new LMIA if:

1. The current work permit will expire in less than two weeks; and

2. The employer has submitted a complete LMIA application.

The worker must also provide evidence that the LMIA application was submitted.

Therefore, this is a specific procedure for workers facing imminent permit expiry.

It is not a general rule allowing every work permit applicant to submit an incomplete application months in advance.

What Documents Must the Worker Submit?

If you do not yet have the new LMIA, IRCC requires additional information with the work permit extension application.

You must provide:

Proof of a valid job offer

and

Proof that the LMIA request was submitted.

IRCC says proof of the LMIA application can include:

• a copy of the application submitted to Service Canada; or
• the receipt confirmation number if the application was submitted online.

The worker must also provide information about the pending LMIA in the work permit application, including:

• the date the LMIA request was submitted;
• the office to which it was submitted;
• the employer’s name; and
• the submission confirmation number, if available.

Once the employer receives the LMIA decision, the missing document must be submitted to IRCC.

How Do You Send the LMIA to IRCC Later?

When the employer receives the LMIA decision, the worker should submit the missing document to IRCC through the IRCC web form.

Do not assume that IRCC will automatically connect the employer’s Service Canada LMIA decision to the work permit application.

The applicant remains responsible for providing the required document.

Does This Mean the LMIA Is Automatically Approved?

No.

This change affects the timing of the work permit decision.

It does not lower the requirements for an LMIA.

Service Canada must still assess the employer’s application.

The LMIA can still be:

positive

or

negative.

A positive LMIA generally confirms that hiring the temporary foreign worker is expected to have a positive or neutral effect on Canada’s labour market.

If Service Canada issues a negative LMIA, the worker normally cannot obtain the LMIA-based work permit on the basis of that application.

Therefore:

Pending LMIA ≠ Positive LMIA

and

Pending work permit application ≠ Guaranteed approval

Can the Worker Continue Working While Waiting?

This is where the change can become particularly important.

Suppose:

Your employer-specific work permit expires on November 15.

Your employer has already submitted a complete LMIA application.

The LMIA is still pending.

You meet IRCC’s requirements and submit your work permit extension application before November 15.

November 15 passes.

IRCC has not yet made a decision.

If you meet the applicable requirements for maintained status, you can legally remain in Canada while IRCC processes the application.

You may also be authorized to continue working while waiting.

But there is an important restriction.

You Must Generally Continue Under Your Existing Work Permit Conditions

If you have an employer-specific work permit and rely on maintained status, you generally must continue working under the conditions of your existing permit.

That means the same:

employer

job

and

work location.

Maintained status does not normally allow you to start working for a completely different employer merely because that new employer has submitted an LMIA.

This distinction is important.

Example 1: Same Employer, LMIA Still Pending

Suppose:

Current work permit expires: November 30

Current employer wants to keep you.

Employer submitted a complete LMIA application.

LMIA is still pending on November 20.

You submit the qualifying work permit extension before your permit expires.

Your permit expires November 30.

The LMIA remains pending.

If the maintained-status requirements are met, you may continue working under the conditions of your existing permit while IRCC waits for the LMIA decision.

Under the new approach, the previous fixed waiting period no longer creates the same deadline for IRCC to finalize the work permit application.

Example 2: New Employer

Now suppose your existing work permit is employer-specific for:

Employer A

But:

Employer B submits an LMIA for you.

You submit an application to change employers before your current permit expires.

Does maintained status automatically allow you to start working for Employer B?

Normally, no.

While your application is pending, maintained status generally allows you to continue working under the conditions of the old work permit.

That means you may continue working for Employer A.

You generally cannot begin working for Employer B until the new work permit is approved, unless you qualify for and receive separate authorization to change employers while the application is being processed.

What About Open Work Permit Holders?

An open work permit holder approaching expiry may also be transitioning to an employer-specific LMIA-based work permit.

If the worker submits a qualifying work permit application before the open work permit expires, maintained-status rules may allow continued work while the new application is processed, subject to the applicable conditions.

The individual circumstances should still be reviewed carefully.

The important point is that the pending LMIA itself does not create work authorization.

The worker’s authorization comes from their existing permit and the maintained-status rules, where applicable.

Does the Employer’s LMIA Application Give You Maintained Status?

No.

This is a critical distinction.

An employer submitting an LMIA application does not extend the employee’s immigration status.

For example:

Employer submits LMIA

↓

Worker does nothing

↓

Worker’s work permit expires

The worker does not automatically receive maintained status.

To potentially benefit from maintained status, the worker must submit the appropriate work permit application before the existing work permit expires and meet the applicable requirements.

Therefore:

Pending LMIA ≠ maintained status

What If Your Work Permit Already Expired?

The new rule does not turn back the clock.

If your work permit has already expired and you did not submit an eligible extension application before expiry, you may have lost your temporary resident status and authorization to work.

You may need to consider restoration of status, if eligible.

Under the normal rules, restoration generally must be requested within 90 days of losing status.

But remember:

Restoration ≠ maintained status

and

the 90-day restoration period ≠ permission to continue working.

A worker seeking restoration normally cannot work while waiting for the restoration and new work permit to be approved.

What Happens If the LMIA Is Negative?

Removing the waiting-period limit does not protect the worker from a negative LMIA decision.

Suppose:

You properly submit your work permit extension.

Your existing permit expires.

You continue working under maintained status.

IRCC waits for the LMIA.

Then Service Canada refuses the LMIA.

Without the required positive LMIA, IRCC may refuse the LMIA-based work permit application.

When IRCC refuses the work permit application, the worker’s maintained status and associated work authorization generally end.

The worker must stop working.

Depending on the circumstances and timing, restoration or another immigration strategy may then need to be considered.

What If the LMIA Is Approved?

If Service Canada approves the LMIA, the employer receives the decision letter.

The worker should then submit the LMIA to IRCC through the web form so that IRCC can continue processing the work permit application.

IRCC will still assess whether the worker meets all requirements for the work permit.

A positive LMIA supports the work permit application.

It does not automatically guarantee approval.

This Does Not Make LMIAs Easier to Obtain

The October 2026 change should not be confused with a relaxation of the Temporary Foreign Worker Program.

Canada has actually tightened several aspects of the TFWP in recent years.

Employers must continue to satisfy the applicable requirements concerning matters such as:

• recruitment;
• wages;
• business legitimacy;
• labour-market need;
• working conditions;
• employer compliance; and
• program-specific restrictions.

Some low-wage LMIA applications are also subject to restrictions based on regional unemployment rates.

Therefore, the change is primarily about preventing a worker’s work permit application from being decided before Service Canada has finished making the underlying LMIA decision.

It is not a general loosening of LMIA eligibility.

Why the Change Is Important

The change addresses a practical problem involving two different government processes.

Service Canada / ESDC

processes the LMIA.

IRCC

processes the work permit.

A worker could previously be caught between the timelines of these two processes.

The employer might have properly submitted the LMIA application, and the worker might have properly submitted the work permit application, but the LMIA could still take longer than IRCC’s fixed waiting period.

Removing the fixed time limit better aligns the two processes.

What Should Workers Do?

If your work permit is approaching expiry and your employer is applying for a new LMIA:

1. Check your exact work permit expiry date

Do not rely on memory.

2. Ask when the employer submitted the LMIA

You need to know whether a complete application has actually been submitted.

3. Do not assume a pending LMIA protects your status

It does not.

4. Check whether you meet IRCC’s concurrent-processing requirements

Under current guidance, your permit generally must expire in two weeks or less and the employer must have submitted a complete LMIA application.

5. Submit the appropriate work permit application before expiry

This is critical if you want to potentially benefit from maintained status.

6. Keep proof of the LMIA submission

Include the required evidence with your work permit application.

7. Submit the LMIA decision when it becomes available

Use the IRCC web form to provide the missing document.

8. Continue respecting your existing work conditions

If you are relying on maintained status with an employer-specific permit, you generally must continue under the conditions of your existing permit unless you receive separate authorization to change them.

What Should Employers Do?

Employers should not interpret the new rule as a reason to delay LMIA applications.

Service Canada currently advises employers to consider LMIA processing times and allows applications to be submitted up to six months before the expected job start date.

Where continued employment will require a new LMIA, planning early remains important.

The removal of IRCC’s fixed waiting period is a safeguard against processing delays.

It should not replace advance planning.

Five Important Misunderstandings

“There is no time limit anymore, so I can apply for a work permit without an LMIA whenever I want.”

Incorrect.

Specific concurrent-processing requirements still apply.

“My employer submitted an LMIA, so I automatically have maintained status.”

Incorrect.

The employer’s LMIA application does not extend your immigration status.

“I can work for the new employer while the LMIA is pending.”

Not automatically.

Maintained status normally requires you to continue under the conditions of your existing work permit unless separate authorization applies.

“IRCC will approve my work permit once the LMIA is approved.”

Not automatically.

IRCC must still assess your work permit eligibility.

“Canada has made LMIA requirements easier.”

Not necessarily.

This change removes the fixed waiting period for the work permit application. It does not remove or reduce the employer’s substantive LMIA requirements.

Bottom Line

Canada has made an important procedural change for certain foreign workers whose work permits are expiring while their employers are still waiting for an LMIA decision.

As of October 28, 2026, IRCC’s updated guidance no longer imposes the previous fixed waiting period for these qualifying work permit applications.

Instead:

IRCC waits for the LMIA decision before finalizing the work permit application.

This can be particularly valuable in 2026, when average LMIA processing times in some streams have extended well beyond the timelines workers and employers might have expected.

But the change does NOT mean:

Anyone can apply without an LMIA.

It does NOT mean:

A pending LMIA automatically extends your work permit.

And it does NOT mean:

A pending LMIA automatically allows you to work.

The key requirements remain:

Employer submits a complete LMIA application

↓

Worker meets the concurrent-processing requirements

↓

Worker submits the appropriate work permit application before the existing permit expires

↓

Maintained status may allow continued work under the applicable existing conditions

↓

IRCC waits for the LMIA decision

↓

Worker submits the LMIA when available

↓

IRCC makes the final work permit decision

For workers approaching permit expiry, the new rule provides valuable protection against government processing delays—but timing, eligibility and maintaining legal status remain critical.