Foreign workers in Canada who apply for a work permit while their employer’s LMIA is still pending will no longer have their application refused just because the LMIA takes longer than expected.
What IRCC Changed
On October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) updated its guidance. Immigration officers are now told to hold off on deciding a Temporary Foreign Worker Program (TFWP) work permit application until a decision has been made on the related Labour Market Impact Assessment (LMIA).
The update appears on the IRCC page titled “Labour Market Impact Assessment Review - Temporary Foreign Worker Program.” This is the public version of the instructions given to officers.
Until now, officers could keep such an application on hold for 90 days at most while the LMIA was pending. That limit has been removed.
Who is Affected
The change applies to applications filed under concurrent processing. This lets a worker already in Canada submit a TFWP work permit application while their employer’s LMIA application is still being processed.
Workers must meet two conditions to use concurrent processing:
- Their current work permit expires in two weeks or less.
- Their employer filed the LMIA early enough that it was reasonable to expect Employment and Social Development Canada (ESDC) to finish processing it before the permit expired.
Applying before the current permit expires also gives the worker maintained status. They can keep working under the conditions of their existing permit until a decision is made on the new application.
A Quick Look Back
IRCC raised the concurrent processing window from 60 to 90 days on August 21, 2026. Less than three months later, the limit is gone altogether.
Why the LMIA Matters
To bring in a foreign worker or extend an existing worker’s permit through the TFWP, an employer needs a positive or neutral LMIA. ESDC issues one when it finds that no Canadian citizen or permanent resident is available to fill the role.
LMIA Restrictions Still in Place
Some employers still cannot apply for an LMIA. Thirty urban areas are currently under a restriction on LMIA applications for non-exempt positions paying below 120% of the median provincial or territorial wage. The list includes Toronto, Vancouver, Montreal, Edmonton, Calgary, Ottawa-Gatineau, Halifax, Fredericton and Regina. It runs from October 9, 2026 to January 7, 2027.
The restriction applies to regions with an unemployment rate of 6% or higher. It stems from a moratorium the federal government introduced in September 2024. ESDC publishes the list of affected areas on its page “Refusal to process a Labour Market Impact Assessment application” and revises it every quarter.
A separate moratorium also covers Montreal and Laval. ESDC put it in place in September 2024 at the Quebec government’s request, and it was extended in November 2025.
Need Help With Your Work Permit?
Rules around LMIAs and concurrent processing change often, and a small mistake in timing can affect your status in Canada. The Neximm team can review your situation, check whether you qualify, and guide you through each step of your application. Book a consultation with Neximm today.
Legal Advisory: This article is intended for general information only and does not constitute legal or immigration advice. Canadian immigration rules, policies and processing instructions change often, and the details here reflect the information available at the time of publication. Every case is different, so the outcome of any application depends on the individual’s circumstances and the discretion of IRCC and ESDC. Before making decisions or submitting an application, please confirm the latest requirements on the official IRCC and ESDC websites, or speak with a licensed immigration professional. Neximm accepts no liability for actions taken solely on the basis of this article.