IRCC Extends LMIA Grace Period to 90 Days
Immigration, Refugees and Citizenship Canada has extended the deadline for work permit applicants to provide a positive Labour Market Impact Assessment
Foreign workers in Canada now have 90 days to submit a positive Labour Market Impact Assessment after applying for a work permit. Immigration, Refugees and Citizenship Canada updated its operational instructions on August 21, 2026, extending the previous 60-day window.
This practice, called concurrent processing, lets a worker in Canada file a work permit application before their employer's LMIA is decided. It helps ensure an application is on record before the worker's current permit expires. The change addresses a timing gap. An LMIA in the high-wage stream takes an average of 88 business days to decide. A 60-day window often did not cover this wait.
What Changed on August 21, 2026
The core of concurrent processing remains the same. The length of the hold changed.
Under the new rules, IRCC holds a qualifying work permit application for 90 days from the submission date. The applicant uses this time to wait for the LMIA decision. The instructions state applications will be held for 90 days, after which a final decision on the work permit is made. The previous window was 60 days. The extra 30 days aims to better match actual Service Canada processing times.
Guidance for applicants in Quebec reflects the same 90-day period. It says workers may apply for an extension without a new LMIA or Quebec Acceptance Certificate if the document is submitted within 90 days of IRCC receiving the application.
Who Qualifies for the 90-Day Hold?
IRCC sets three strict conditions. An applicant must show that:
- Their current work permit expires in two weeks or less.
- Their employer submitted a complete LMIA application with enough lead time.
- No decision has been made on that LMIA.
The two-week rule limits the process to those truly at risk of losing status. The completeness requirement places responsibility on the employer. An LMIA application returned as incomplete does not start the clock. The lead time requirement lets officers refuse concurrent processing if the employer filed the LMIA too late.
Applicants must include evidence with their work permit application. IRCC asks for proof of a valid job offer and proof the LMIA request was made, like a copy of the employer's application or a receipt number.
The Role of Maintained Status
Concurrent processing is important because of what it preserves. A worker who applies to extend their work permit before it expires gets maintained status. They can keep working in Canada while the new application is processed.
There are clear limits.
Maintained status lets the worker continue under the conditions of their existing permit. This means the same employer, occupation, and location if specified. It does not allow starting the new job tied to the pending LMIA. That authorization comes only when the new work permit is issued.
Maintained status depends entirely on filing before the old permit expires. A worker who misses this deadline is out of status. Concurrent processing does not fix this. Restoring status is a separate, more difficult process with its own 90-day deadline and risks.
Why the Extension Was Needed
Employment and Social Development Canada publishes average LMIA processing times. July 2026 figures, published on August 7, 2026, show why 60 days was often insufficient.
| LMIA Stream | Average Processing Time (Business Days) |
|---|---|
| High-wage | 88 |
| Low-wage | 72 |
| Permanent Resident | 85 |
Business days are not calendar days. An average of 88 business days is roughly four calendar months. Under a 60-day hold, a worker in the high-wage stream could easily reach the end of the hold without an LMIA decision. The 90-day window narrows this gap. It does not close it. Applicants should still expect the LMIA decision to be the main constraint.
What Happens After 90 Days
When the hold ends, IRCC makes a final decision on the work permit application.
If a positive or neutral LMIA was provided, the officer assesses the application normally. A positive LMIA is required for an employer-specific work permit, but the application can still be refused on other grounds.
If the LMIA was not provided, IRCC's help centre states the application may be refused for being incomplete. A refusal at this point has serious consequences. Maintained status ends when a decision is made. A worker relying on it must stop working. Both worker and employer face risk. An employer continuing to employ a worker without authorization faces compliance issues under the Temporary Foreign Worker Program.
The extension is an administrative adjustment. It changes the timing of a risk but does not remove it. The 90 days runs from when IRCC gets the work permit application, not from the LMIA filing date. The two-week condition means the application cannot be filed early to buy more time. Concurrent processing is also discretionary. Officers are directed to hold qualifying applications, but the applicant must prove they meet all conditions.
Employers and workers should confirm filing dates, LMIA completeness, and current permit conditions before relying on the 90-day hold. When timing is tight or status has lapsed, getting professional advice before applying is often necessary.
