Canada has extended the grace period for in‑Canada applicants under the Temporary Foreign Worker Program (TFWP) who submit a work‑permit application before their employer’s Labour Market Impact Assessment (LMIA) is approved. The concurrent‑processing window is now 90 days, up from the previous 60 days, giving foreign workers an additional 30 days to provide proof of a positive or neutral LMIA after filing their work‑permit request.
What the extension changes
- Effective date: August 21 2026, announced through an update to the “Concurrent processing for in‑Canada work permit applications” section of Immigration, Refugees and Citizenship Canada (IRCC) operational instructions.
- New timeframe: Applicants have up to 90 days from the date of their work‑permit submission to attach the LMIA result, instead of the former 60‑day limit.
- Purpose: The longer window helps foreign nationals avoid losing their work authorization while the employer’s LMIA is still pending, a process that can take several months.
How concurrent processing works
- Eligibility: The foreign national must qualify for concurrent processing (see requirements below).
- Application filing: The applicant submits a TFWP work‑permit application while the employer’s LMIA is still pending.
- Officer action: The visa officer places the work‑permit decision on hold for the 90‑day period, allowing the applicant to later upload the LMIA approval.
- Decision: After the 90‑day window, the officer reviews the LMIA evidence and renders a final decision on the work permit.
If the applicant’s existing permit expires before the LMIA is approved and they cannot submit a concurrent‑processing application, they risk losing legal status, being forced to stop work, and possibly having to leave Canada if restoration of status is not possible.
Requirements for concurrent processing
- The applicant’s current work permit is set to expire within two weeks or less.
- The employer has submitted a complete LMIA application to Employment and Social Development Canada (ESDC).
- No decision on the LMIA has been issued at the time of the work‑permit filing.
- The LMIA was submitted with sufficient lead time to make a decision feasible within the processing window.
Impact on maintained status
When a foreign national applies for a new work permit before their existing permit expires, they retain maintained status (formerly “implied status”). This means they can continue working under the conditions of their current permit until a decision is made on the new application, provided they remain in Canada.
Practical considerations
- Timing is critical: Applicants should monitor the expiry date of their current permit and ensure the LMIA is already in process before filing.
- Document upload: The LMIA approval must be uploaded within the 90‑day window; failure to do so will result in the work‑permit application being refused.
- Risk mitigation: Employers and employees should coordinate closely to align LMIA submission dates with the worker’s permit expiry to avoid gaps in authorization.
The extension aims to reduce the number of foreign workers left without legal status while awaiting LMIA outcomes, thereby improving the overall efficiency of the TFWP’s concurrent‑processing pathway.
Source article: www.cicnews.com
