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- calendar_today November 3, 2026
Canada Ends 90-Day Limit on Work Permit Applications Awaiting LMIA Decisions
Canada has eliminated the fixed 90-day cap on how long immigration officers can hold certain work permit applications while employers wait for a decision on a Labour Market Impact Assessment (LMIA). Immigration, Refugees and Citizenship Canada (IRCC) implemented the updated operational instructions for the Temporary Foreign Worker Program on October 28, 2026.
Overview of the Revised LMIA Waiting Rules
Previously, officers could make a final decision on a qualifying work permit canada application once 90 days had passed, even if Employment and Social Development Canada (ESDC) had not yet made an LMIA decision. The latest change requires officers to hold such work permit applications until ESDC issues a verdict. The new guidance removes the set 90-day waiting period, offering additional procedural protections for temporary foreign workers and their employers.
This update reverses an earlier rule change introduced just over two months prior, which increased the waiting period from 60 days to 90 days. Now, the waiting period has been removed altogether, though all other LMIA requirements remain unchanged.
Key Policy Changes Explained
The significant modifications pertain to applications eligible for concurrent processing. This mechanism allows select foreign nationals in Canada to apply for a temporary work permit before their employer receives an LMIA ruling. Under the new instructions, officers must wait for an ESDC LMIA decision and may not refuse or approve such applications solely due to delays beyond a fixed timeframe.
| Rule | Before October 28, 2026 | From October 28, 2026 |
|---|---|---|
| Concurrent processing | Available to eligible in-Canada applicants | Still available |
| LMIA waiting period | 90 days | No fixed limit |
| Work permit decision | Could proceed after 90 days | Held until LMIA decision |
| Maintained status | Available to eligible applicants | Unchanged |
Who Benefits from the New Concurrent Processing Rules?
The change is particularly relevant for temporary foreign workers already in Canada whose work permits are about to expire within two weeks or less, and their employers have submitted a complete LMIA application. To qualify for concurrent processing, applicants must:
- Have an employer who filed the LMIA application sufficiently in advance of the expiration date.
- Ensure the LMIA application is still being assessed and has not received a decision from ESDC.
- Meet all conditions for submitting an in-Canada work permit extension application.
- Obtain a Quebec Acceptance Certificate (CAQ) if required.
Employers are still encouraged to plan ahead, as IRCC may only grant concurrent processing requests in exceptional cases for last-minute LMIA filings.
Maintained Status and Work Authorization
An important feature of the new policy concerns maintained status. Eligible temporary foreign workers who apply before their permits expire may normally stay and continue working under the same conditions as their original permits while awaiting an IRCC work permit decision. The new approach reduces the risk of losing work authorization due solely to administrative LMIA delays. However, this does not grant new rights to start working for a different employer or in a different role without explicit approval.
What If LMIA Delays Exceed 90 Days?
Under the prior rules, officers could make a final decision on a work permit application if the LMIA had not arrived within 90 days, potentially leading to refusals and loss of maintained status. With the deadline removed, applications remain on hold until ESDC gives its verdict. However, if the LMIA outcome is negative, IRCC may still refuse the application, ending maintained status and any associated authorization to work. The new policy also does not prevent loss of status for reasons unrelated to LMIA delays.
Impact on Existing Applications and Guidance for Stakeholders
The new instructions do not indicate a separate transition for in-progress applications, but files qualifying for concurrent processing and still pending may benefit from the updated approach. Applications previously refused will not be automatically reopened, and affected workers should check their individual status before reapplying or seeking reconsideration.
The October 28 update also clarifies how officers track LMIA decisions in the Global Case Management System. Officers can now better monitor LMIA statuses—such as pending, approved, suspended, or closed—when assessing work permit canada applications. The tracking code CPTS2026 will continue to be used for administrative monitoring of concurrent-processing applications.
Next Steps for Temporary Foreign Workers and Employers
With more flexibility in the waiting period, both employers and temporary foreign workers should still ensure timely and thorough application preparation. Employers must submit LMIA applications well before permits expire and provide supporting documents, while workers should act before their existing permits lapse to preserve maintained status. Separate restrictions, including limitations for low-wage LMIA applications in designated metropolitan areas, remain unaffected by the processing change.
Ultimately, the removal of the fixed 90-day lmia waiting period could reduce the risk of work interruptions for eligible applicants faced with LMIA processing delays, but it does not change fundamental requirements or guarantee permit approval.
Source: immigration.ca.
