Canada has introduced an important change to the processing of certain work permit applications under the Temporary Foreign Worker Program (TFWP). Under the updated instructions, immigration officers must wait for a decision on an employer’s Labour Market Impact Assessment (LMIA) before making a decision on the related work permit application.
The change was announced in Immigration, Refugees and Citizenship Canada’s (IRCC) updated guidance on October 28, 2026. It addresses situations where an employer’s LMIA application is still being processed while a foreign worker applies for a work permit from inside Canada.
Previously, officers were instructed to hold these work permit applications for a maximum of 90 days while waiting for an LMIA decision. The revised guidance changes how officers handle applications when the assessment remains pending.
This update is particularly relevant to temporary foreign workers whose existing work permits are close to expiring and whose employers have already submitted an LMIA application.
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What Has Changed in Canada’s LMIA Work Permit Rules?
The main change concerns the timing of work permit decisions rather than the eligibility requirements for receiving a permit.
Under the revised instructions, IRCC officers should not make a decision on a work permit application covered by the concurrent processing rules until Employment and Social Development Canada (ESDC) has reached a decision on the employer’s LMIA application.
The previous instructions allowed officers to wait for up to 90 days for the assessment. The updated guidance removes that maximum waiting period for the decision-making process described in the instructions.
Here is a comparison of the previous and updated rules.
| Rule | Previous Instructions | Updated Instructions |
|---|---|---|
| Waiting for an LMIA decision | Officers could hold the work permit application for up to 90 days | Officers must wait for the LMIA decision before deciding the related application |
| Maximum waiting period | A 90-day limit applied to the waiting instructions | The updated instructions no longer set that maximum waiting period |
| Work permit approval | Depended on the application’s eligibility and assessment | Still depends on the applicable eligibility requirements and assessment |
| Employer’s LMIA | Required for the relevant TFWP work permit route | Still required under the applicable rules |
The change does not mean that every pending work permit application will be approved. It changes when officers can make a decision on certain applications while the employer’s LMIA is under review.
Why Did IRCC Change the Processing Instructions?
An LMIA is an important part of Canada’s Temporary Foreign Worker Program. It helps determine whether an employer can hire a foreign worker for a particular job under the program’s requirements.
ESDC assesses the employer’s application and may issue a positive or neutral LMIA when the applicable requirements are met. The assessment considers whether qualified Canadian citizens or permanent residents are available for the position, along with other relevant requirements.
The work permit application and the LMIA application are separate parts of the process. An employer may have submitted an LMIA application, but ESDC may not have completed its assessment when the worker needs to apply for a new permit or extend an existing one.
The updated instructions address this timing issue by requiring officers to wait for the LMIA decision before deciding the related work permit application.
For workers, the important point is that a pending LMIA does not automatically mean that the work permit application will be refused simply because the assessment has taken longer than the previous 90-day waiting period.
However, applicants must still meet the relevant immigration requirements, and the final outcome depends on the decision made on their applications.
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Who Can Benefit From the Updated Rules?
The change applies to work permit applications covered by IRCC’s concurrent processing rules under the Temporary Foreign Worker Program.
Concurrent processing allows certain workers already in Canada to submit a work permit application while their employer’s LMIA application is still pending.
Workers generally need to meet specific conditions to use this process.
These include:
- The worker is applying from inside Canada under the applicable concurrent processing rules.
- The worker’s existing work permit is due to expire in two weeks or less.
- The employer has submitted an LMIA application.
- The employer submitted the LMIA application early enough that ESDC could reasonably have been expected to process it before the existing work permit expired.
Meeting these conditions does not guarantee work permit approval. IRCC must still assess the application under the applicable rules.
Workers should also confirm that their individual circumstances qualify for concurrent processing before relying on this procedure.
What Is Maintained Status in Canada?
Maintained status is an important consideration for eligible temporary residents who apply to extend their stay before their current immigration document expires.
When an eligible worker submits a work permit extension application before the existing permit expires, they may be allowed to remain in Canada under maintained status while IRCC processes the application.
If the worker is authorized to continue working under the applicable rules, they can generally keep working under the conditions of their previous work permit while waiting for a decision.
For example, an eligible worker whose permit expires on November 15 may submit an extension application before that date. If the worker meets the requirements for maintained status and continued work authorization, they may be able to continue working under the conditions of their existing permit while the application is being processed.
This is only an example. The worker’s actual rights depend on the application type, when it was submitted, and the conditions attached to the existing permit.
Important: Maintained status does not mean that a new work permit has been approved. Workers should not assume that they can change employers, jobs, or work conditions while waiting unless the applicable rules authorize that change.
IRCC Previously Extended the Concurrent Processing Period to 90 Days
The latest update follows an earlier change announced on August 21, 2026.
On that date, IRCC increased the concurrent processing time limit from 60 days to 90 days. The change allowed for a longer waiting period under the previous instructions when an employer’s LMIA decision was still pending.
The October 28 update changes the approach again by directing officers not to decide the related work permit application until an LMIA decision has been reached.
The key dates are summarized below.
| Date | Change |
|---|---|
| August 21, 2026 | IRCC increased the concurrent processing time limit from 60 days to 90 days |
| October 28, 2026 | IRCC updated its instructions requiring officers to wait for the LMIA decision before deciding the related work permit application |
These dates are important for workers and employers trying to understand how the processing instructions have changed.
LMIA Restrictions Also Affect Employers in 30 Urban Areas
Alongside the work permit processing update, employers in 30 urban areas are subject to restrictions on certain LMIA applications.
Under the applicable restrictions, employers in affected census metropolitan areas cannot submit LMIA applications for non-exempt positions paying less than 120% of the median provincial or territorial wage.
The restrictions are in effect from October 9, 2026, through January 7, 2027, according to the information provided.
The measure applies to areas with unemployment rates of 6% or higher under the federal government’s LMIA moratorium, introduced in September 2024.
Some of the affected urban areas include:
| Urban Area | LMIA Restriction |
|---|---|
| Toronto | Applies to covered non-exempt positions below the wage threshold |
| Vancouver | Applies to covered non-exempt positions below the wage threshold |
| Montreal | Applies to covered non-exempt positions below the wage threshold |
| Edmonton | Applies to covered non-exempt positions below the wage threshold |
| Calgary | Applies to covered non-exempt positions below the wage threshold |
| Ottawa-Gatineau | Applies to covered non-exempt positions below the wage threshold |
| Halifax | Applies to covered non-exempt positions below the wage threshold |
| Fredericton | Applies to covered non-exempt positions below the wage threshold |
| Regina | Applies to covered non-exempt positions below the wage threshold |
These are examples, not a complete list of all 30 affected areas. Exemptions and the specific rules applicable to an employer or position should be checked before an LMIA application is submitted.
The wage threshold restriction is separate from the updated instructions governing when IRCC officers can decide certain work permit applications. Employers and workers should understand both measures rather than assuming that one change replaces the other.
What Should Temporary Foreign Workers Do Now?
Workers with an expiring work permit should pay close attention to their application dates and the status of their employer’s LMIA.
The following steps may help them prepare.
1. Check the expiry date of the current work permit
Workers should confirm when their existing permit expires and determine whether they qualify for concurrent processing or another applicable application route.
2. Confirm that the employer has submitted the LMIA application
A worker should speak with the employer to confirm that the LMIA application has been submitted and that the relevant requirements are met.
3. Submit the appropriate application on time
Workers seeking an extension should understand the requirements for applying before their current status or work authorization expires. Applying on time is particularly important when maintained status may be available.
4. Understand the limits of maintained status
Workers should confirm whether they are authorized to continue working and whether the conditions of their existing permit remain applicable while they wait.
5. Monitor the LMIA and work permit applications
The new instructions concern the timing of the decision. They do not remove the need to meet the relevant requirements or guarantee that ESDC or IRCC will approve an application.
Employers should also review the current LMIA restrictions in their area before planning to hire a foreign worker.
Does the New Rule Guarantee Work Permit Approval?
No. The updated IRCC instructions do not guarantee approval of a work permit.
The change addresses the situation in which the LMIA decision is still pending. Officers must wait for that decision before deciding the related work permit application covered by the instructions.
After the LMIA decision is reached, the work permit application must still be assessed under the applicable immigration rules.
A positive or neutral LMIA is an important requirement for the relevant TFWP work permit route, but it does not automatically mean that the worker will receive a permit. The applicant must satisfy the other applicable requirements as well.
Workers should therefore avoid treating the update as an automatic extension of their permit or as a guarantee of continued employment.
Frequently Asked Questions
1. What is the latest change to Canada’s LMIA work permit rules?
On October 28, 2026, IRCC updated its instructions to require officers to wait for a decision on the employer’s LMIA before deciding certain work permit applications covered by the concurrent processing rules.
2. Will a work permit application be refused if the LMIA takes more than 90 days?
The updated instructions mean that officers should not refuse an application covered by these rules merely because the previous 90-day waiting period has passed while the LMIA remains pending. The application must still meet the applicable requirements.
3. Who can use concurrent processing in Canada?
Certain workers already in Canada may qualify when their existing permit is due to expire in two weeks or less and their employer has submitted an LMIA application with sufficient lead time. Other applicable conditions must also be met.
4. Can workers continue working while waiting for a decision?
Eligible workers who apply to extend their work permits before expiry may benefit from maintained status and may be authorized to continue working under their existing permit’s conditions. This depends on the individual circumstances and applicable rules.
5. Does a positive LMIA guarantee a work permit?
No. A positive or neutral LMIA does not automatically guarantee a work permit. IRCC must still assess the worker’s application against the applicable requirements.
6. How long will IRCC wait for a pending LMIA?
The updated instructions no longer set the previous maximum 90-day waiting period for the decision-making process described in the guidance. Officers must wait for the LMIA decision before deciding the related application covered by the instructions.
Final Thoughts
Canada’s October 28, 2026, update changes how IRCC handles certain work permit applications when an employer’s LMIA decision is still pending. By directing officers to wait for the LMIA decision, the revised instructions address a situation that can arise when workers need to apply for a permit close to the expiry date of their existing authorization.
For temporary foreign workers, the most important steps are to understand the applicable eligibility requirements, keep track of permit expiry dates, and determine whether maintained status and continued work authorization apply to their circumstances.
Employers should also consider the separate LMIA restrictions affecting certain urban areas between October 9, 2026, and January 7, 2027.
The updated instructions may help prevent applications covered by the rules from being decided prematurely because an LMIA is still pending. However, they do not guarantee approval, replace the LMIA requirement, or remove the other conditions that apply to Canadian work permits.
