Time Limit Scrapped for Work Permits Awaiting LMIA Decisions

On October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) announced a major update to its operational guidelines regarding the Temporary Foreign Worker Program (TFWP). This modification aims to protect workers already in Canada whose legal status was at risk of expiring due to administrative processing delays.

What changes

Until recently, immigration officers were required to suspend the processing of a work permit application awaiting a Labour Market Impact Assessment (LMIA) for a maximum of 90 days. If Employment and Social Development Canada (ESDC) did not issue a decision within this timeframe, the work permit application risked being refused due to being incomplete.

As of October 28, 2026, this time limit is officially scrapped. IRCC officers are now instructed to keep the file on hold without making a final decision until ESDC issues its final decision on the pending LMIA.

This measure secures the maintained status of foreign workers. They no longer face the risk of having their application automatically refused because of prolonged ESDC processing times. As long as the LMIA decision is pending, the worker can continue to perform their job under the same conditions.

Maintaining legal status is a major concern for temporary residents. Maintained status allows an individual to continue working legally in Canada under the same conditions as their previous permit, provided the renewal application was submitted before the latter expired. The removal of the 90-day limit therefore brings considerable peace of mind. Workers no longer have to fear losing their jobs or their right to reside in the country due to administrative delays beyond their control.

Who is affected

This update is specifically aimed at temporary workers eligible for concurrent processing. To benefit from this, applicants must meet the following criteria:

• Be a foreign national currently residing in Canada.
• Hold a valid employer-specific (closed) work permit under the TFWP.
• For workers in Quebec, the measure also applies when the application is jointly awaiting an LMIA (issued by ESDC) and a Quebec Acceptance Certificate (CAQ) issued by the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI).

Exceptions and limitations:

• Outside Canada or port of entry applications: Concurrent processing is strictly reserved for extensions submitted from inside Canada.
• International Mobility Program (IMP): LMIA-exempt permits (such as post-graduation work permits or intra-company transferees) are not affected.
• Temporary Resident Permits (TRP): TRP holders do not benefit from maintained status.

Key dates and figures

Here is an overview of the effective dates and applicable fees for these procedures.

What to do

To take advantage of concurrent processing without attaching a previously approved LMIA, several strict conditions must be met when submitting the application.

1. Respect submission deadlines The applicant's current work permit must expire within 14 days or less on the date the application is submitted. Furthermore, the extension application must be submitted before midnight (UTC time for online applications) on the day the current permit expires to guarantee maintained status.

2. Ensure prior employer application The employer must have submitted a formal and complete LMIA application (and CAQ for Quebec) before the worker files their permit application. This application must have been made with sufficient notice. This policy is an exceptional measure and should not compensate for late filing or negligence on the part of the employer.

3. Complete the form and use the correct code The applicant must use the form Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM 5710). It is imperative to enter the code CPTS2026 in the "Job Title" field so that the system correctly identifies the file.

4. Provide supporting documents The application package must include:

• Proof of a valid job offer.
• A copy of the acknowledgment of receipt or confirmation number of the LMIA application (or proof of mailing).
• The following details in the "Details of intended work in Canada" section: date the LMIA/CAQ was sent, processing office, legal name of the employer, and file number.

For immigration consultants and employers, this update simplifies human resources management. Canadian companies, often faced with labour shortages, can thus retain their key employees without interruption of service, even if ESDC's LMIA processing takes longer than expected. However, it remains crucial to rigorously document each step and keep all proofs of submission.

Caution in case of refusal: The temporary suspension does not guarantee final approval. If ESDC refuses the LMIA, IRCC will refuse the work permit, which will immediately end the maintained status. Finally, although the worker can continue to work under maintained status, Service Canada will not update the expiration date of their Social Insurance Number (SIN) until the new permit is officially issued.