On this page you will find:
- How Canada has removed the 90-day LMIA waiting limit for certain work permit applications
- Which temporary foreign workers qualify for the new rules
- What the change means for maintained status and permission to work
- How the rules affect applications already waiting more than 90 days
- What employers and foreign workers should do next
- Answers to five frequently asked questions
Canada has removed a 90-day limit on how long immigration officers can hold certain work permit applications while employers wait for Labour Market Impact Assessment (LMIA) decisions.
Immigration, Refugees and Citizenship Canada (IRCC) introduced the change on October 28, 2026, in updated operational instructions for the Temporary Foreign Worker Program (TFWP).
Under the new guidance, officers must wait for an LMIA decision before making a final decision on a qualifying work permit application. Previously, officers could proceed with a decision once 90 days had passed, even if Employment and Social Development Canada (ESDC) had not completed its assessment.
The change could provide important protection for temporary foreign workers who apply to extend their status while their employers wait for LMIA approval.
It also reverses a rule introduced just over two months ago, when Canada increased the waiting period from 60 days to 90 days.
As Immigration.ca previously reported in its coverage of the 90-day LMIA rule, the earlier policy aimed to give workers more time to obtain the documents needed for their applications.
The latest change goes further by removing the fixed waiting period altogether.
However, the new instructions do not eliminate LMIA requirements, guarantee work permit approval or automatically allow foreign workers to continue working.
What Has Changed Under Canada’s New LMIA Rules?
The October 28 instructions change how IRCC handles applications that qualify for concurrent processing.
Concurrent processing allows certain foreign nationals already in Canada to apply for a work permit before their employer receives an LMIA decision.
This procedure helps workers avoid having their existing work permits expire before they can submit an extension application.
Under the previous rules, IRCC held eligible applications for up to 90 days. After that period, officers could make a final determination, potentially refusing an application if the required LMIA was still unavailable.
Under the revised instructions, officers must hold qualifying applications until ESDC reaches an LMIA decision.
There is no longer a fixed 90-day deadline in the operational guidance.
Canada’s LMIA Processing Rules Before And After October 28
| 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 specified |
| Work permit decision | Could proceed after 90 days without an LMIA decision | Held until LMIA decision |
| LMIA requirement | Positive or neutral assessment generally required | Unchanged |
| Maintained status | Available to eligible applicants | Unchanged |
| Work authorization | Subject to existing permit conditions | Unchanged |
The change follows IRCC’s August 21 decision to increase the waiting period from 60 days to 90 days.
The latest revision removes the deadline entirely, rather than extending it for another fixed period.
This is an administrative processing change, not a general relaxation of Canada’s rules governing foreign workers.
Who Qualifies For Concurrent LMIA And Work Permit Processing?
The new rules apply to a specific group of foreign nationals who are already in Canada and need a work permit decision while their employer’s LMIA application remains outstanding.
IRCC requires applicants to demonstrate that:
- Their existing work permit expires within two weeks or less.
- Their prospective employer has submitted a complete LMIA application.
- The employer submitted that application sufficiently far in advance to allow for normal processing times.
- ESDC has not yet issued an LMIA decision.
- Their work permit application qualifies for processing from inside Canada under the applicable immigration regulations.
Where required, applicants must also obtain a Quebec Acceptance Certificate (CAQ).
An important restriction remains in place for employers.
IRCC says employers cannot submit an LMIA application immediately before a worker applies for a work permit and assume the department will accept concurrent processing.
Officers assess such requests on an exceptional basis.
The requirement for sufficient lead time means employers must plan ahead rather than relying on the new policy to compensate for late applications.
Workers who do not qualify for concurrent processing must generally provide the required LMIA when submitting their work permit application.
What Does The Change Mean For Maintained Status?
One of the most important consequences involves maintained status, which allows certain temporary residents to remain in Canada while IRCC processes an application submitted before their existing status expires.
For foreign workers, maintained status can also preserve authorization to work under specified conditions.
Under the previous 90-day rule, a worker could submit a qualifying extension application before their permit expired but reach the end of the waiting period without an LMIA decision.
If IRCC then refused the work permit application, the worker could lose maintained status and the associated authorization to work.
The new approach reduces that risk by preventing IRCC from making a final decision on an eligible application solely because the LMIA assessment remains outstanding beyond a fixed deadline.
However, the distinction between maintained status and permission to work remains critical.
An eligible worker who applies to extend an existing work permit before it expires may generally continue working under the conditions of the original permit while awaiting a decision, provided the applicable requirements are met.
For someone holding an employer-specific work permit, those conditions generally include the same employer, occupation and work location, where specified.
A worker cannot automatically start working for a different employer simply because a new work permit application is pending.
Some workers changing employers may qualify for separate interim work authorization, but they must obtain the necessary permission before beginning their new employment.
Foreign workers can find further information in Immigration.ca’s guide to what happens after submitting a Canadian work permit application.
What Happens If An LMIA Takes Longer Than 90 Days?
This is where the October 28 change could have its greatest practical effect.
Consider a temporary foreign worker whose employer has submitted a complete LMIA application well in advance, but ESDC has not issued a decision.
The worker’s existing permit approaches expiry, and the worker submits an eligible extension application under the concurrent-processing rules.
Under the previous system, IRCC could reach the end of the 90-day holding period without receiving the LMIA decision.
Under the new instructions, the application remains on hold until ESDC completes its assessment.
For a worker who qualifies for maintained status and continued work authorization, this could mean being able to continue working under existing permit conditions for longer without facing a refusal caused by the former 90-day deadline.
However, the policy does not guarantee that the LMIA will eventually be approved.
If ESDC issues a negative assessment, IRCC can refuse the corresponding work permit application if the applicant has no other basis for approval.
A refusal can end maintained status and any associated authorization to work.
The change also does not prevent a worker from losing work authorization for other reasons, including failure to meet maintained-status requirements.
Does The New Policy Apply To Applications Already In Progress?
The updated instructions do not specify a separate transition period for applications submitted before October 28.
However, the wording indicates that officers should now hold applications that remain eligible for concurrent processing until an LMIA decision becomes available.
This could benefit applicants whose files remain open and whose employers have already waited longer than 90 days for a decision.
Workers should not assume that the new instructions automatically reopen applications that IRCC has already refused.
A previous refusal may require a separate response, such as seeking reconsideration where appropriate or submitting a new application if the worker qualifies.
Applicants should check their existing application status before taking further action.
IRCC Adds New Instructions For Monitoring LMIA Decisions
The October 28 update also provides additional information about how immigration officers monitor LMIA applications through the Global Case Management System (GCMS).
GCMS allows IRCC officers to review information connected to an employer’s LMIA application.
The updated guidance identifies several possible LMIA decision statuses, including positive, negative, revoked, suspended, closed and pending.
These statuses help officers determine whether an LMIA can support a work permit application or whether further action is necessary.
IRCC has also retained the tracking code CPTS2026 for concurrent-processing applications.
Applicants are encouraged to follow the relevant application instructions so this code appears in the intended occupation field.
However, the code serves an administrative tracking purpose only. Its presence or absence should not determine whether an applicant qualifies for concurrent processing.
What Should Foreign Workers And Employers Do Now?
The removal of the 90-day limit offers more flexibility, but employers and foreign workers still need to prepare their applications carefully.
Employers should submit complete LMIA applications well before their workers’ existing permits expire, taking account of published processing times.
They should also retain confirmation that they submitted the LMIA application and provide workers with the documentation needed to support concurrent processing.
Foreign workers should ensure they apply for an extension before their existing authorization expires if they intend to rely on maintained status.
Workers should also understand the conditions governing their employment while an application remains pending.
Canada continues to apply restrictions to certain LMIA applications, including limits affecting low-wage positions in designated metropolitan areas.
These restrictions remain separate from the October 28 processing change.
For more information, see Immigration.ca’s coverage of Canada’s expanded low-wage LMIA restrictions affecting 30 cities.
The latest change primarily addresses uncertainty caused by LMIA processing delays.
It does not remove employer eligibility requirements, guarantee an LMIA approval or create a new right to work in Canada.
For eligible temporary foreign workers, however, removing the fixed deadline could significantly reduce the risk of losing their ability to work because an employer’s LMIA decision has not arrived in time.
Frequently Asked Questions
Has Canada Removed The 90-Day LMIA Waiting Period?
Yes. On October 28, 2026, IRCC removed the fixed 90-day holding period for work permit applications that qualify for concurrent processing. Officers must now wait until ESDC issues an LMIA decision before making a final determination. The change does not eliminate the requirement to obtain an LMIA where one is necessary.
Can I Continue Working While Waiting For My LMIA?
You may be able to continue working if you submitted a qualifying work permit extension application before your existing permit expired and meet the conditions for maintained status and continued work authorization. Workers with employer-specific permits generally must continue under their existing employment conditions until IRCC approves a change or grants separate authorization.
Who Qualifies For Concurrent LMIA Processing?
Eligible applicants must generally be inside Canada, have a work permit expiring within two weeks or less, and demonstrate that their employer submitted a complete LMIA application with sufficient lead time. The LMIA must still be pending. Applicants must also meet the immigration requirements for submitting their work permit application from Canada.
What Happens If My Employer Receives A Negative LMIA?
A negative LMIA can lead IRCC to refuse a work permit application that depends on that assessment. If the applicant has maintained status, a refusal normally ends that status and any associated work authorization. Workers may need to explore another immigration pathway or determine whether they qualify to restore their temporary resident status.
Does The New LMIA Rule Apply To Applications Submitted Before October 28?
The updated instructions do not specify a separate transition period. Applications that remain pending and qualify for concurrent processing may benefit from the removal of the 90-day limit. However, the change does not automatically reopen applications already refused. Applicants should check their individual circumstances before assuming the new guidance changes an earlier decision.