Canada Removes 90-Day Limit for Work Permits Awaiting LMIA Decisions

Work permits awaiting LMIA decisions will no longer be subject to a fixed 90-day holding period in eligible concurrent-processing cases. IRCC will now hold the work permit application until Employment and Social Development Canada makes a decision on the employer’s LMIA.

Under the updated instructions, IRCC will hold an eligible work permit application until Employment and Social Development Canada makes a decision on the LMIA. This prevents an applicant from being refused simply because the LMIA took longer than expected to process.

However, this change does not allow every worker to apply without an approved LMIA. Specific concurrent-processing requirements must still be met.

What Changed for Work Permits Awaiting LMIA Decisions?

Previously, IRCC officers could hold an eligible work permit application for a limited period while waiting for the employer’s LMIA decision.

That period was increased from 60 to 90 days in August 2026. IRCC has now removed the fixed deadline.

According to IRCC’s updated instructions, an eligible work permit application will be held until a decision is made on the associated LMIA. Once the LMIA is approved or refused, IRCC can finalize the work permit application.

This is particularly important when LMIA processing delays are outside the worker’s control.

Who Can Apply for a Work Permit Extension Without the LMIA Decision?

Concurrent processing is a limited exception. A worker applying from inside Canada must generally show that:

1. Their current work permit expires in two weeks or less.
2. The employer has submitted a complete LMIA application.
3. The LMIA was submitted with sufficient lead time based on the published processing times.
4. No decision has yet been made on the LMIA.
5. The worker includes proof of the LMIA submission and a valid job offer with the work permit application.

Employers should not wait until immediately before the work permit expires to submit the LMIA. IRCC states that late LMIA submissions connected to concurrent-processing requests will be assessed only on an exceptional basis.

What Documents Must Be Included?

A worker applying before receiving the LMIA decision should include:

• proof of a valid job offer;
• the LMIA application receipt or confirmation number;
• the date the employer submitted the LMIA application;
• the employer’s name;
• the office to which the LMIA was submitted; and
• an explanation that the LMIA decision remains pending.

IRCC currently instructs eligible applicants to enter the code CPTS2026 in the “Job Title” field of the IMM 5710 form. IRCC describes this as a tracking code, but applicants should still follow the published instructions carefully.

After the LMIA decision is issued, the worker must submit the decision letter to IRCC through the web form.

Can the Worker Continue Working?

A worker who submits a qualifying work permit extension application before the current permit expires may benefit from maintained status.

This generally allows the person to remain in Canada and continue working while IRCC processes the application. However, the worker must continue complying with the conditions of the expired work permit.

For an employer-specific work permit, this normally means continuing with the same:

• employer;
• occupation or job;
• work location; and
• other conditions listed on the permit.

Maintained status does not automatically authorize the worker to begin working for a new employer or in a new position.

The worker must also remain in Canada to continue relying on the work authorization connected to maintained status.

Learn more about maintained status and restoration

Does the New Rule Guarantee Work Permit Approval?

No.

The change only removes the fixed period during which IRCC would hold the work permit application for the missing LMIA decision. It does not guarantee that either application will be approved.

If ESDC refuses the LMIA, the worker will generally be unable to obtain the requested LMIA-based work permit. IRCC must also assess whether the applicant meets all other work permit requirements.

The employer’s LMIA application and the worker’s work permit application remain two separate applications assessed by different departments.

Does This Apply to Every Pending LMIA?

No.

The change applies to eligible in-Canada work permit applications submitted under IRCC’s concurrent-processing rules. It does not create a general right to submit an incomplete work permit application whenever an LMIA is pending.

In most cases, a worker should wait for the positive LMIA decision before applying for the work permit. The concurrent-processing exception is intended to protect eligible workers whose permits are close to expiring after the employer filed the LMIA sufficiently early.

What Should Employers and Workers Do?

Employers should submit LMIA applications as early as possible and consider the current published processing time.

Workers should:

1. Confirm the expiry date of the current work permit.
2. Obtain proof that the employer submitted a complete LMIA application.
3. Confirm when the LMIA was filed.
4. Prepare the work permit extension before the current permit expires.
5. Include the required job-offer and LMIA-submission evidence.
6. Continue working only under the conditions they are legally authorized to follow.
7. Submit the LMIA decision to IRCC as soon as it is received.

Waiting until the last moment can create significant risk. A late or incomplete application may prevent the worker from benefiting from the concurrent-processing exception or maintained status.

The Bottom Line

IRCC’s updated rule protects eligible workers from being refused simply because an employer’s LMIA takes longer than 90 days to process.

However, the change does not remove the main requirements. The worker’s permit must generally expire within two weeks, the employer must have submitted a complete LMIA application with sufficient lead time, and the work permit application must include the required supporting evidence.

A worker on maintained status must also continue following the conditions of the existing work permit. They cannot assume that a pending LMIA or work permit application authorizes them to change employers or begin a new position.

If your work permit is expiring while your employer’s LMIA remains pending, book a consultation before filing. We can review the LMIA submission date, your status deadline, maintained-status conditions and the documents required for the work permit extension.

Book a consultation with Vik Immigration Services

Frequently Asked Questions

Is there still a 90-day deadline to provide the LMIA?

IRCC’s updated concurrent-processing instructions no longer state that the work permit application will be held for only 90 days. An eligible application will be held until ESDC makes a decision on the LMIA.

The applicant must submit the LMIA decision to IRCC once it is available.

Can I apply while my work permit has more than two weeks remaining?

The concurrent-processing exception generally applies when the current permit expires in two weeks or less.

In most other cases, the worker should wait until the employer receives the LMIA decision before applying.

Can I continue working after my permit expires?

You may be able to continue working if IRCC received your work permit extension application before your current permit expired and you remain eligible for maintained status.

You must continue working under the conditions of your original permit.

Can I start working for the employer named in the pending LMIA?

Not automatically.

If the employer is different from the one named on your current employer-specific work permit, maintained status does not authorize you to begin the new job. Separate authorization or approval may be required.

What happens if the LMIA is refused?

A refused LMIA generally cannot support approval of an LMIA-required work permit. IRCC may then refuse the work permit application unless another legal basis applies.

Related Vik Immigration Pages

• Work Permits and LMIA Services
• Maintained Status vs. Restoration in Canada
• Book an Immigration Consultation

Official Sources

• IRCC: LMIA Review and Concurrent Processing Instructions
• IRCC: How to Extend or Change the Conditions of a Work Permit
• IRCC: What to Do After Applying for a Work Permit Extension

This article provides general information only and is not legal advice. Immigration laws, policies and procedures may change. Advice should be based on the facts and documents in the individual case.