LPEN — Legal Professionals Education Network, home
IRCC Removes 90-Day Limit for LMIA Pending Permits

Immigration, Refugees and Citizenship Canada (IRCC) has updated its instructions for concurrent processing of in-Canada work permit applications when a Labour Market Impact Assessment (LMIA) decision is still pending. Under the revised instructions, IRCC will hold eligible applications until Employment and Social Development Canada (ESDC) decides the LMIA. The previous 90-day holding period no longer applies.

Who Qualifies for Concurrent Processing

Concurrent processing may be available when all of the following apply:

  • The applicant’s current work permit expires in two weeks or less
  • The prospective employer has already submitted a complete LMIA application far enough in advance, based on published processing times
  • No LMIA decision has been made yet

IRCC also states that employers should not submit an LMIA immediately before the work permit application and expect concurrent processing. Requests like that are assessed on an exceptional basis only.

What the Work Permit Application Must Include

According to IRCC’s guidance, an applicant who applies without the new LMIA must include:

  • Proof of a valid job offer
  • Proof that the LMIA request was made, either a copy of the application sent to Service Canada or the receipt confirmation number for an online submission

In the Details of intended work in Canada section, the applicant must also give the date the LMIA request was sent, the office it was sent to, the employer’s name, and the confirmation number if one is available.

IRCC will not make a decision on the work permit until it receives the LMIA. When the LMIA arrives, the applicant must submit it through the IRCC web form.

Practitioner Implications

Fewer files left exposed by long LMIA queues. Under the old 90-day hold, LMIA processing delays could put a client’s work permit application at risk. Removing that limit gives clients with slow LMIAs more stability while the file is pending.

Timing still matters. The exceptional-basis caution is a clear signal: the new flexibility does not cover a last-minute LMIA. ESDC advises employers to submit a new LMIA at least 4 months before the work permit expires. Employers should also check current LMIA processing times when they plan, keeping in mind that the minimum advertising period isn’t counted in those times.

Advise employers early. Employer clients with workers whose permits are coming up for renewal should build LMIA timelines into their workforce planning now, so their workers can use concurrent processing if they need to.

Learn More About the LMIA Process

We recently held Navigating LMIAs: From Application to Approval 2026, which covers the LMIA process from start to finish. The recording is available now. Learn more here.

#canada_immigration #ircc #work_permits #lmia_processing #temporary_foreign_workers #tfwp #immigration_canada

Don’t miss the chance to join one of our upcoming courses!

Join 10,000+ Professionals and get courses updates, news and free premium content and videos.