Workers in Canada will no longer see their work permit applications refused simply because the government is taking a long time to decide their employer’s
Canada Removes the Time Limit for Work Permit Applicants Waiting on an LMIA Decision
Workers in Canada will no longer see their work permit applications refused simply because the government is taking a long time to decide their employer’s Labour Market Impact Assessment (LMIA).
In an update published on October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) changed its officer instructions for the Temporary Foreign Worker Program (TFWP): officers must now wait for a decision on the employer’s LMIA before deciding the worker’s work permit application. Previously, officers held these applications for a maximum of 90 days — a limit that had itself only been raised from 60 days on August 21, 2026.
Who this affects
The change applies to “concurrent processing” — when a worker already in Canada applies for a TFWP work permit while the employer’s LMIA is still pending. To qualify, the worker’s current permit must expire within two weeks or less, and the employer must have filed the LMIA early enough that Employment and Social Development Canada (ESDC) could reasonably have processed it before the permit expired.
Workers who apply before their current permit expires keep “maintained status,” meaning they can keep working under their existing permit’s conditions until IRCC decides. An employer still needs a positive or neutral LMIA before a new TFWP work permit can be issued.
One caution: low-wage LMIA restrictions remain
ESDC continues to refuse processing for low-wage LMIA applications in census metropolitan areas with unemployment of 6% or higher — currently 30 urban areas, including Toronto, Vancouver, Montreal, Edmonton, Calgary, Ottawa-Gatineau, Halifax, Fredericton and Regina, for positions paying under 120% of the provincial or territorial median wage. Montreal and Laval are also under a separate Quebec-requested moratorium.
If your work permit depends on a pending LMIA, timing is everything. NewSteps Immigration can review your situation and make sure your application is filed in a way that protects your status.
Disclaimer: This post is general information only, published by NewSteps Immigration. We accept no liability for this post, as the information in it may be incorrect or may change without notice. Please refer to Immigration, Refugees and Citizenship Canada (IRCC) for the final and official information.
