IRCC Extends Pending LMIA Work Permit Deadline to 90 Days

Immigration, Refugees and Citizenship Canada (IRCC) has extended the concurrent-processing period for certain in-Canada work permit applications supported by a pending Labour Market Impact Assessment (LMIA).

Under instructions updated on August 21, 2026, qualifying applicants may now have up to 90 days from the date they submit their work permit application to provide a positive LMIA. The previous period was 60 days.

This exception is intended to help eligible foreign workers avoid losing their temporary resident status while an employer waits for an LMIA decision. It is not available for every work permit application and does not remove the requirement to obtain a positive LMIA.

IRCC’s official LMIA review instructions for the Temporary Foreign Worker Program explain the current conditions.

What changed on August 21?

An LMIA is normally a mandatory document for a complete employer-specific work permit application under the Temporary Foreign Worker Program.

IRCC nevertheless permits concurrent processing in limited circumstances. This means an eligible foreign national may submit an in-Canada work permit application while the employer’s complete LMIA application is still being processed.

Concurrent-processing detail	Current rule
Previous period for providing the LMIA	60 days
New period	90 days from the work permit application date
Application location	Application submitted from inside Canada under the applicable rules
Current permit expiry	Two weeks or less
Employer requirement	A complete LMIA application must already have been submitted
LMIA status	No decision has been made
Final requirement	A positive LMIA must still be provided

IRCC will hold a qualifying work permit application for up to 90 days. After that period, an officer may make a final decision based on the information available.

If the required LMIA or Quebec Acceptance Certificate, when applicable, is not submitted within the 90-day period, IRCC states that the application may be refused as incomplete.

Who may qualify for concurrent processing?

The exception applies to an applicant submitting a qualifying work permit application from within Canada when all the following conditions are satisfied:

• The applicant’s current work permit expires in two weeks or less.
• The prospective employer has submitted a complete LMIA application.
• Employment and Social Development Canada has not yet decided the LMIA application.
• The employer submitted the LMIA sufficiently in advance, considering the published processing time.
• The applicant provides evidence that the LMIA application is pending.
• The applicant is otherwise eligible to apply for a work permit from within Canada.

These requirements are cumulative. Having a permit that expires soon is not enough by itself.

Similarly, an employer’s confirmation that it intends to apply for an LMIA is insufficient. A complete LMIA application must already have been submitted.

IRCC specifically warns employers not to submit an LMIA immediately before the worker’s permit application and assume concurrent processing will be allowed. Such situations are assessed only on an exceptional basis.

What does “sufficient lead time” mean?

IRCC does not define sufficient lead time as one fixed number of days for every LMIA stream.

Instead, the employer should have submitted the complete LMIA application far enough in advance of the published processing time that a decision could reasonably have been made before the worker’s permit expired.

The assessment may depend on:

• The applicable LMIA stream
• The processing time published when the employer applied
• The date the employer submitted the complete application
• Whether ESDC requested additional information
• The worker’s permit expiry date
• The evidence included with the work permit application

Employers should retain the LMIA submission confirmation, payment receipt and other records showing when the complete application was filed.

The Always Canada Group LMIA guide provides an overview of the employer-side application process.

How to submit the LMIA after applying

When the employer receives a positive LMIA, it should provide the worker with the appropriate confirmation letter and employment details.

The applicant must then submit the missing LMIA through the IRCC web form.

IRCC’s work permit extension instructions confirm that a missing LMIA or Quebec Acceptance Certificate must be provided within 90 days of the extension application.

When submitting the document, the applicant should:

1. Select the appropriate application type in the web form.
2. Provide the application number and personal details exactly as submitted.
3. Upload a clear copy of the positive LMIA confirmation.
4. Include the Quebec Acceptance Certificate if required.
5. Explain that the document supports a pending work permit application.
6. Save the web-form submission confirmation.

Applicants should not assume that IRCC will automatically connect a newly issued LMIA with their work permit application without an appropriate submission.

What is the CPTS2026 code?

IRCC encourages applicants who require concurrent processing to follow the application instructions that cause the code CPTS2026 to appear in the “intended occupation” field.

The code is used for administrative tracking. IRCC’s instructions state that its presence or absence should not affect the officer’s decision.

Applicants must still provide evidence that they meet all concurrent-processing conditions. Entering the tracking code does not establish eligibility or replace the missing LMIA.

Does this create maintained status?

An eligible worker who applies to extend or change the conditions of a work permit before the existing permit expires may obtain maintained status while IRCC processes the application.

Maintained status allows the person to remain legally in Canada until IRCC makes a decision, provided the applicable conditions are met.

The ability to continue working is more specific. In general, an eligible worker extending the same employment conditions may continue working under the conditions of the original permit while remaining in Canada.

If the applicant is changing employers or jobs, maintained status does not normally authorize work for the new employer. The worker must generally continue following the conditions of the original permit until the new permit is approved, unless IRCC separately grants authorization to begin the new employment.

Applicants can review IRCC’s official instructions for expiring work permits.

Leaving Canada may affect work authorization

Maintained status is tied to remaining in Canada.

A person who leaves Canada while an extension application is being processed may lose the authorization to continue working when returning. Entry to Canada is also not guaranteed solely because a work permit application is pending.

Workers considering international travel should review:

• Whether they hold a valid visa or electronic travel authorization
• Whether they will be permitted to re-enter Canada
• Whether they can resume working after returning
• Whether travel could disrupt their employment or provincial coverage

The 90-day concurrent-processing period does not create travel authorization or guarantee re-entry.

What the change does not do

The updated rule does not:

• Eliminate the LMIA requirement
• Guarantee that ESDC will approve the employer’s LMIA
• Guarantee that IRCC will approve the work permit
• Extend every foreign worker’s permit by 90 days
• Restore temporary resident status after it has expired
• Allow every applicant to submit an incomplete application
• Permit a worker to begin working for a new employer automatically
• Extend the validity of an approved LMIA
• Apply to applications submitted at a port of entry
• Replace other work permit eligibility and admissibility requirements

IRCC must still be satisfied that the job offer is genuine, the LMIA is valid, the applicant can perform the employment and all regulatory requirements are met.

An LMIA application that is refused, withdrawn or not decided within the available period may prevent approval of the work permit application.

Responsibilities of the employer

An employer supporting a worker through concurrent processing should:

• Submit a complete LMIA application well before the current permit expires.
• Use the correct LMIA stream and NOC code.
• Pay the required employer fee.
• Meet applicable recruitment and advertising requirements.
• Retain proof of the submission date.
• Respond promptly to requests from ESDC or Service Canada.
• Notify the worker immediately when a decision is received.
• Provide the required LMIA confirmation documents.
• Ensure the job offer, wage, duties and work location remain accurate.
• Avoid charging the worker for the LMIA or prohibited recruitment costs.

A pending LMIA does not authorize an employer to disregard the conditions on the worker’s current permit.

Practical next steps for workers

1. Confirm eligibility to apply from within Canada.
2. Check the exact expiry date printed on the current work permit.
3. Ask the employer when the complete LMIA application was submitted.
4. Obtain proof of the LMIA submission and its pending status.
5. Compare the submission date with the applicable published processing time.
6. Prepare the work permit application before the current status expires.
7. Follow IRCC’s instructions for requesting concurrent processing.
8. Include all available evidence and a clear explanation.
9. Continue complying with the conditions of the current permit.
10. Monitor the IRCC account and email for requests.
11. Obtain the positive LMIA immediately after it is issued.
12. Submit the LMIA through the IRCC web form within the 90-day period.
13. Save the application and web-form confirmations.
14. Obtain advice before travelling outside Canada or changing employers.

The Always Canada Group work permit guide explains the main LMIA-based and LMIA-exempt pathways.

Workers and employers requiring a case-specific review may book a consultation with Always Canada Group.

Key takeaway

IRCC now allows up to 90 days for certain eligible in-Canada work permit applicants to provide a positive LMIA that was pending when they applied. The change provides 30 additional days compared with the previous concurrent-processing period.

The exception is narrow. The worker’s permit must expire in two weeks or less, the employer must already have submitted a complete LMIA with sufficient lead time, and no LMIA decision can have been made.

Applicants must still obtain and submit a positive LMIA within the permitted period and meet every other work permit requirement.

This article provides general information and does not constitute legal advice. Work permit, LMIA and maintained-status rules can change. Verify the current instructions with IRCC and ESDC before applying or making an employment decision.