Canada has changed its work permit rules to protect eligible foreign workers from application refusals caused by delays in processing their employers’ labour market assessments.
Immigration, Refugees and Citizenship Canada (IRCC) updated its instructions on October 28, directing officers to wait for a decision on the Labour Market Impact Assessment (LMIA) before deciding certain work permit applications.
Previously, officers could hold these applications for a maximum of 90 days while waiting for the LMIA decision.
New Rules Address LMIA Processing Delays
The change applies to applications submitted under the Temporary Foreign Worker Program (TFWP) through concurrent processing. This arrangement allows eligible workers already in Canada to apply for a work permit while their employer’s LMIA application remains under review.
Under the revised instructions, immigration officers must wait for the LMIA decision rather than refuse the work permit application simply because the assessment remains pending.
However, applicants must still meet the relevant eligibility requirements. Employers also need a positive or neutral LMIA to hire foreign workers through the programme.
Who Can Benefit From the Change?
Concurrent processing is available to certain workers whose existing permits expire in two weeks or less. Their employers must also have submitted the LMIA application early enough for authorities to reasonably expect a decision before the current permit expires.
Workers who submit an eligible extension application before their existing permit expires may benefit from maintained status. This allows them to continue working under their existing permit conditions while IRCC processes their application.
The government increased the concurrent processing time limit from 60 days to 90 days on August 21, 2026.
Canada Maintains Restrictions on Some Foreign Worker Jobs
Separately, Canada continues to restrict certain low-wage LMIA applications in urban areas with unemployment rates of at least six per cent.
From October 9, 2026, to January 7, 2027, the restrictions apply in 30 census metropolitan areas. These include Toronto, Vancouver, Montreal, Calgary, Edmonton and Ottawa-Gatineau.
The restrictions cover non-exempt jobs paying less than 120 per cent of the applicable median provincial or territorial wage.
What Foreign Workers Should Know
The revised instructions may help eligible workers avoid refusals caused solely by delays in LMIA processing. Nevertheless, the change does not guarantee work permit approval.
Applicants should ensure they submit applications on time and follow the conditions attached to their existing permits. Employers must also meet the applicable LMIA requirements before foreign workers can receive or extend work authorisation under the programme.
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