Key takeaways
– On October 28, 2026, IRCC removed the fixed 90-day limit on holding work permit applications while an employer’s LMIA is still pending.
– Officers must now wait for Employment and Social Development Canada (ESDC) to decide the LMIA before deciding a qualifying work permit application submitted through concurrent processing.
– The change applies only to eligible in-Canada applicants whose current work permit expires in two weeks or less and whose employer filed a complete LMIA application early enough for a decision to be realistic.
– A positive or neutral LMIA is still required before a work permit can be issued under the Temporary Foreign Worker Program.
– Workers who apply before their current permit expires keep working under maintained status while the application is pending.
What changed
Immigration, Refugees and Citizenship Canada (IRCC) updated its officer instructions for Labour Market Impact Assessment (LMIA) review under the Temporary Foreign Worker Program on October 28, 2026. The update removes the fixed waiting period that applied to work permit applications submitted through concurrent processing.
Concurrent processing lets a worker who is already in Canada apply for a work permit while the employer’s LMIA application is still being processed, instead of waiting for the LMIA decision first. Until now, officers held those applications for a maximum of 90 days. If ESDC had still not decided the LMIA after 90 days, the officer could make a final decision on the work permit anyway — which could mean a refusal for reasons unrelated to the worker or the job.
That clock is now gone. Under the updated instructions, officers will not decide a qualifying concurrent-processing application until the LMIA decision arrives. There is no new fixed deadline in its place. The change follows a short history of adjustments: IRCC first allowed a 60-day hold, then raised it to 90 days on August 21, 2026, and has now removed the limit altogether.
Who qualifies for concurrent processing
The change is narrow, and the eligibility conditions have not changed. A worker qualifies for concurrent processing only when all of the following are true: the worker is in Canada and their current work permit expires in two weeks or less; the employer has submitted a complete LMIA application; no decision has been made on that LMIA yet; and the LMIA was filed with enough lead time that a decision could reasonably have been expected before the worker’s permit expired.
IRCC has been clear that employers cannot file an LMIA at the last minute and rely on concurrent processing as a fallback. Cases where the LMIA was filed just before the work permit application are handled on an exceptional basis only. Applicants using this route are asked to enter the tracking code CPTS2026 in the intended occupation field so IRCC can identify the file.
What stays the same
This is a timing change, not a relaxation of the rules. A positive or neutral LMIA remains mandatory before a work permit can be issued under the Temporary Foreign Worker Program, and the employer must still meet all LMIA requirements. If the LMIA eventually comes back negative, the work permit application can still be refused.
Workers who apply before their current permit expires benefit from maintained status, which means they can keep working under the conditions of their existing permit until a decision is made. That protection is what makes the change meaningful: the application now stays alive until the LMIA is decided.
The change also arrives while LMIA processing times remain long — ESDC’s published averages for assessments decided in August 2026 were about 90 business days for high-wage cases and about 82 for low-wage cases — which is why the old 90-day cap was catching real applications.
Frequently asked questions
- Does this mean I can get a work permit without an LMIA now?
- No. A positive or neutral LMIA is still required for a work permit under the Temporary Foreign Worker Program. The change only affects when IRCC decides your application, not whether you need an LMIA.
- Who can use concurrent processing?
- Workers already in Canada whose current work permit expires in two weeks or less, and whose employer has filed a complete LMIA application early enough that a decision could reasonably have been expected before the permit expired. No LMIA decision may have been made yet.
- Can I keep working while my application is pending?
- Yes, if you applied before your current permit expired. You benefit from maintained status and can keep working under the conditions of your existing permit until a decision is made.
- What should I do if my employer’s LMIA is still pending?
- Check that the LMIA application is complete and was filed with enough lead time, and that your work permit application went in before your current permit expires. If you are unsure whether your case qualifies, get advice before the expiry date.
- Does the 90-day removal affect the low-wage LMIA restrictions?
- No. The refusal-to-process rules for low-wage LMIA applications in 30 census metropolitan areas, in effect from October 9, 2026 to January 7, 2027, are unchanged.
If your work permit is close to expiring and your employer’s LMIA is still pending, contact ImmiQuest Immigration for an assessment of your options. Call +1 778-855-4155, email info@immiquest.ca, or visit https://immiquest.ca.
Vikas Tulashyam, RCIC #R709710