Immigration, Refugees and Citizenship Canada (IRCC) has updated its instructions for certain in-Canada work permit applications where an LMIA decision is still pending. The change removes the previous 90-day holding limit for eligible applications that qualify for concurrent processing.
The update could be important for temporary foreign workers whose Canadian work permits are close to expiry while their prospective employer is still waiting for a Labour Market Impact Assessment (LMIA) decision from Employment and Social Development Canada (ESDC).
However, this is not a general extension of work authorization. Applicants still have to meet the specific requirements for concurrent processing.
What Changed in IRCC’s LMIA Concurrent Processing Instructions?
Under the updated instructions, IRCC can hold an eligible in-Canada work permit application until ESDC makes a decision on the associated LMIA.
The instructions no longer impose the previous 90-day holding period.
This means an eligible application can remain on hold while the LMIA is being assessed, rather than IRCC stopping the concurrent-processing arrangement simply because the 90-day period has passed.
The underlying LMIA requirement itself has not disappeared.
IRCC’s operational guidance states that an LMIA is generally required for a complete work permit application where no LMIA exemption applies.
Who May Qualify For Concurrent Processing?
The updated instructions describe a specific exception for certain applications made from inside Canada.
The applicant must provide evidence that:
- Their current work permit expires in two weeks or less.
- Their prospective employer has submitted a complete LMIA application.
- The LMIA was submitted sufficiently in advance to allow processing within the published processing timeframe.
- ESDC has not yet made a decision on the LMIA.
These requirements are important because simply having an LMIA application in progress does not automatically make someone eligible.
IRCC specifically states that employers should not submit an LMIA immediately before the work permit application and expect concurrent processing to be allowed. Such requests are assessed on an exceptional basis.
Why Removing the 90-Day Limit Matters
The practical benefit is continuity in processing.
LMIA applications are handled by ESDC, while work permit applications are generally handled by IRCC. The two processes therefore involve different government departments and timelines.
When an applicant’s work permit is approaching expiry, the timing of these two applications can become critical.
The revised approach allows IRCC to continue holding an eligible work permit application until the LMIA decision is available.
This can reduce the risk that an otherwise eligible concurrent-processing request is affected simply because the LMIA takes longer than the previous holding period.
But applicants should not interpret the change as permission to work indefinitely while waiting.
An LMIA is Still a Key Part of the Process
For an LMIA-required work permit, the LMIA remains an important part of the application.
IRCC’s guidance states that where an LMIA exemption does not apply, a positive Employment and Social Development Canada (ESDC) determination is required before the officer can make a positive decision on the work permit. The LMIA is also required for a complete application in these circumstances.
ESDC assesses the effect of the proposed employment on Canada’s labour market. It assesses the occupation and the employer’s requirements rather than simply determining whether the foreign worker personally meets every occupational requirement.
The work permit assessment is separate.
IRCC officers must still be satisfied that the applicant meets the requirements for issuance of a work permit, including the ability to perform the proposed work and other applicable requirements.
Timing is Now Even More Important
For employers and foreign workers, the biggest lesson from this update is that LMIA timing matters.
An employer should not wait until a worker’s permit is about to expire before starting the LMIA process and then assume concurrent processing will be available.
IRCC specifically warns against submitting an LMIA immediately before the work permit application for the purpose of seeking concurrent processing.
Applicants should therefore look at:
- The current work permit expiry date
- The date the LMIA application was submitted
- Whether the LMIA application was complete
- Published LMIA processing times
- Whether the applicant qualifies for in-Canada application rules
- Whether an LMIA exemption could apply instead
- Whether Quebec-specific requirements, such as a CAQ, are relevant
What About Maintained Status?
The concurrent-processing instruction should not be confused with every form of maintained status or authorization to work.
The applicant’s circumstances, existing work authorization and application type matter.
IRCC’s guidance also contains separate instructions on maintained status and the duration of work authorization. For example, where a person is continuing with the same employer under the applicable rules, officers calculate the extension period according to the circumstances and the approved LMIA duration.
This is why a worker should not rely on a general statement that an application has been submitted. The exact legal basis for continued work needs to be established.
What This Means for Employers and Workers
For employers, the update reinforces the need to plan LMIA applications early.
For foreign workers, it means that an approaching permit expiry does not necessarily end the possibility of concurrent processing, provided the specific requirements are met.
At ImmigCanada can help employers and temporary foreign workers review the timing, LMIA requirements and work permit strategy before a status issue develops. A Regulated Canadian Immigration Consultant, Eivy Joy Quito, can assess the circumstances and explain which immigration option may apply.
Frequently Asked Questions
No. The update concerns concurrent processing for certain in-Canada work permit applications while an LMIA decision is pending. It does not eliminate the LMIA requirement where an LMIA is required.
IRCC’s updated instructions no longer apply the previous 90-day holding limit to eligible concurrent-processing applications.
No. The applicant must meet the specific requirements set out by IRCC, including having a permit that expires in two weeks or less and an employer that submitted a complete LMIA application with sufficient lead time.
IRCC specifically warns employers not to do this and expect concurrent processing. Such requests are assessed on an exceptional basis.
Not necessarily. The right to work depends on the applicant’s specific status and the applicable immigration rules.
Employment and Social Development Canada assesses the LMIA, while IRCC processes the work permit application.
No. IRCC must still assess the work permit application and determine whether the applicant meets the applicable requirements.
Review your circumstances immediately, including whether the employer’s LMIA application was submitted with sufficient lead time and whether you qualify for concurrent processing or another status option. Do not assume eligibility based only on the fact that an LMIA is pending.