Canada Removes 90-Day Limit for Work Permit Applicants Awaiting LMIA Decisions: Important IRCC Update

Published: November 6, 2026
By Atlantic Summit Immigration Consulting Inc.
Immigration News | LMIA | Work Permit Extension | Temporary Foreign Workers

Canada has introduced an important change to its work permit processing procedures, providing greater flexibility for eligible temporary foreign workers whose employers are still awaiting Labour Market Impact Assessment (LMIA) decisions.

On October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) updated its operational instructions to remove the previous 90-day waiting limit for certain work permit applications submitted while an LMIA application remains pending.

Under the updated instructions, IRCC officers will generally wait until a final LMIA decision is available before deciding an eligible work permit application submitted through concurrent processing.

This change may provide significant relief to foreign workers and Canadian employers facing lengthy LMIA processing times.

At Atlantic Summit Immigration Consulting Inc., we consider this an important development for temporary foreign workers and employers across Atlantic Canada, particularly in Nova Scotia and New Brunswick.

1. What Has Changed Under the New IRCC Policy?

Previously, eligible foreign workers could submit work permit extension applications while their employers were waiting for LMIA decisions through a procedure known as concurrent processing.

However, IRCC’s instructions limited the period during which officers would hold these work permit applications.

The waiting period was initially 60 days and was extended to 90 days on August 21, 2026.

Effective October 28, 2026, IRCC removed this fixed waiting period.

Previous Rules vs. New Rules

Previous Policy	Updated Policy
Initial 60-day waiting period	No fixed waiting period
Extended to 90 days in August 2026	Updated October 28, 2026
Work permit application could be decided before the LMIA decision	Eligible applications are held until an LMIA decision is available
Greater uncertainty during LMIA delays	More flexibility for eligible applicants

The key benefit is that eligible applicants should no longer face a work permit refusal solely because their employer’s LMIA remains pending beyond the former 90-day period.

However, this does not mean that an LMIA approval or work permit approval is guaranteed.

2. What Is Concurrent Processing for LMIA-Based Work Permits?

Concurrent processing allows certain temporary foreign workers already in Canada to apply for a work permit extension before their employer receives a final LMIA decision.

Normally, an employer must obtain a positive or neutral LMIA before a foreign worker can receive an LMIA-based work permit.

However, where an existing work permit is approaching expiry, IRCC may accept a qualifying work permit extension application while the employer’s LMIA application is still being processed by Employment and Social Development Canada (ESDC).

This procedure is particularly important when LMIA processing times are longer than expected.

Eligibility Requirements

To qualify for concurrent processing, the following conditions generally apply:

1. The applicant’s current work permit expires within two weeks or less.
2. The employer has submitted a complete LMIA application.
3. The LMIA application remains pending.
4. The employer submitted the LMIA application sufficiently early that a decision could reasonably have been expected before the worker’s existing permit expired.
5. The applicant otherwise meets the applicable requirements for submitting an in-Canada work permit application.

Employers should not assume that submitting an LMIA application immediately before the worker’s permit expires will automatically qualify the worker for concurrent processing.

Applications involving late LMIA submissions may require exceptional consideration.

3. Can Foreign Workers Continue Working While Waiting for LMIA Approval?

This is one of the most important questions for temporary foreign workers.

In certain circumstances, yes, eligible workers may continue working legally in Canada under maintained status while their work permit extension applications are being processed.

Maintained status generally applies when a foreign national submits a qualifying application to extend their temporary resident status before their existing authorization expires.

For eligible work permit extension applicants who remain in Canada, this may allow them to continue working under the conditions of their previous work permit until IRCC makes a decision.

Example: Employer-Specific Work Permit Extension

Consider the following situation:

• A foreign worker holds an employer-specific work permit expiring December 15, 2026.
• Their employer submitted a complete LMIA application sufficiently early, but ESDC has not yet issued a decision.
• The worker submits an eligible work permit extension application on December 5, 2026.
• IRCC accepts the application under concurrent processing.

In this situation, the worker may benefit from maintained status and continue working under the conditions of their existing work permit while IRCC processes the extension application.

If the existing permit authorizes employment with a specific employer, the worker must generally continue respecting that employer-specific condition.

Important: Maintained status does not automatically authorize a worker to change employers, occupations, or employment conditions. A worker who applies after losing status does not obtain maintained work authorization simply by submitting a restoration application.

4. What Happens If the LMIA Takes More Than 90 Days?

Under the updated IRCC instructions, an eligible work permit application may remain pending while ESDC continues processing the employer’s LMIA application, even when the processing period exceeds 90 days.

For example:

Scenario A: LMIA Approved After 120 Days

An employer submits an LMIA application, and the foreign worker subsequently files an eligible work permit extension application before the existing permit expires.

If the LMIA is approved after 120 days, IRCC can consider the positive LMIA when assessing the pending work permit application.

The worker may have continued working under maintained status during this period, provided all applicable requirements were met.

Scenario B: LMIA Approved After Six Months

If the LMIA remains pending for six months, the updated instructions generally allow IRCC to continue holding the eligible work permit application until the LMIA decision becomes available.

There is no longer a fixed 90-day limit requiring a decision solely because the LMIA has not been finalized.

Scenario C: LMIA Refused

If ESDC issues a negative LMIA decision, IRCC may refuse the corresponding LMIA-based work permit application if the applicant has no other basis for approval.

If the work permit application is refused, any maintained work authorization associated with that application ends.

Applicants should therefore understand that the removal of the waiting limit does not eliminate the requirement for a positive or neutral LMIA.

5. What Does This Mean for Employers in Nova Scotia and New Brunswick?

Many employers in Atlantic Canada rely on temporary foreign workers to fill positions where qualified Canadian citizens or permanent residents are unavailable.

LMIA processing delays can create uncertainty for employers and employees, particularly when existing work permits are approaching expiry.

The updated policy may provide greater flexibility for employers who have submitted LMIA applications in advance and whose foreign workers qualify for concurrent processing.

Benefits for Employers

Improved workforce continuity

Eligible employees may be able to continue working under maintained status while their work permit extensions and supporting LMIA applications remain pending.

Reduced uncertainty caused by LMIA delays

The removal of the fixed 90-day waiting period reduces the risk of an otherwise eligible work permit application being decided before the LMIA is finalized.

Additional time for application processing

Employers and workers may have more time to complete the LMIA and work permit process without the previous fixed waiting deadline.

However, employers must continue to comply with all applicable LMIA requirements, including recruitment obligations, wage requirements, employment conditions, and program restrictions.

Important Reminder: LMIA Restrictions Still Apply

The new IRCC processing instructions do not override restrictions under the Temporary Foreign Worker Program.

For example, certain low-wage LMIA applications in census metropolitan areas with unemployment rates of 6% or higher may be subject to ESDC’s refusal-to-process measures, unless an exemption applies.

As of the October 2026 quarterly update, affected regions include Halifax and Fredericton.

Employers must verify whether their position, wage, work location, and industry meet the applicable LMIA processing requirements before proceeding.

6. What Should Foreign Workers Do Before Their Work Permits Expire?

Although the updated policy provides greater flexibility, careful preparation remains essential.

At Atlantic Summit Immigration Consulting Inc., we recommend the following:

1. Confirm your work permit expiry date

Review your current work permit and determine when your authorization to work will expire.

2. Communicate with your employer early

Employers should begin assessing LMIA requirements well in advance of the worker’s permit expiry date.

3. Verify that the LMIA application has been properly submitted

Concurrent processing generally requires evidence of a complete LMIA application that remains pending.

4. Review your eligibility for concurrent processing

Not every worker with a pending LMIA qualifies to submit a work permit extension before receiving an LMIA decision.

5. Submit your work permit application before your current authorization expires

Where eligible, timely submission may allow you to maintain your temporary resident status and continue working under your existing permit conditions.

6. Update IRCC once the LMIA decision is received

If the LMIA is approved, the applicant should provide the relevant LMIA documentation to IRCC so that the pending work permit application can be finalized.

Applicants should also consider alternative immigration options where appropriate, including provincial nomination, LMIA-exempt work permits, or other available pathways.

7. Does the New Policy Apply to Workers Whose Work Permits Have Already Expired?

Not automatically.

The removal of the 90-day waiting limit primarily benefits applicants who qualify for concurrent processing.

If a worker’s permit has already expired and no qualifying extension application was submitted before expiry, the worker may have lost their temporary resident status and authorization to work.

Depending on the circumstances, the individual may need to apply for restoration of status.

Restoration applications generally must be submitted within 90 days of losing status, subject to applicable exceptions.

Importantly, submitting a restoration application does not ordinarily authorize the applicant to continue working while awaiting a decision.

Workers whose permits have expired should obtain an individual assessment before taking further employment-related steps.

8. Atlantic Summit Immigration Consulting Inc.: Our Perspective

The October 28, 2026 policy update represents a welcome development for eligible temporary foreign workers and Canadian employers.

LMIA processing delays have created significant challenges for workers attempting to maintain their legal authorization to work in Canada.

By removing the previous 90-day waiting limit, IRCC has introduced additional flexibility for eligible work permit applicants whose employers are awaiting LMIA decisions.

However, this policy should not be interpreted as a general extension of work permits or an automatic authorization to work.

The timing of the LMIA submission, the applicant’s existing immigration status, and eligibility for concurrent processing remain critical factors.

For employers and temporary foreign workers, early planning and proper application preparation are still essential.

9. Need Assistance With an LMIA or Work Permit Extension?

Is your work permit expiring while your employer is waiting for an LMIA decision?

Are you an employer in Nova Scotia or New Brunswick seeking assistance with an LMIA application?

Atlantic Summit Immigration Consulting Inc. provides professional immigration consulting services, including:

• High-wage and low-wage LMIA applications
• Employer-specific work permit applications
• Work permit extensions and maintained status assessments
• LMIA-exempt work permits
• Provincial Nominee Programs (NSNP and NBPNP)
• Atlantic Immigration Program (AIP)
• Employer immigration compliance and application support

Our team can assess your circumstances and help determine the appropriate application strategy based on current immigration requirements.

Contact Atlantic Summit Immigration Consulting Inc. to discuss your LMIA or work permit extension options.

Atlantic Summit Immigration Consulting Inc.
Halifax, Nova Scotia, Canada
Regulated Canadian Immigration Consultant (RCIC)

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