On October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) published an updated version of its instructions for IRCC officers processing in-Canada work permit applications submitted while the employer’s Labour Market Impact Assessment (LMIA) application is pending. This is known as concurrent processing.
The new instructions state that officers cannot make a positive decision on the work permit application until there is an LMIA decision (unless the job is LMIA exempt), as long as:
- the current permit expires in two weeks or less;
- the prospective employer has submitted a complete application for an LMIA
- with sufficient lead time to have the LMIA processed (meaning that the LMIA application was submitted far enough in advance of the published processing times that a decision could be made)
- no decision on the LMIA application has been made.
In the previous version of the instructions, officers were permitted to pause the work permit application for a maximum of 90 days while waiting for a decision on the LMIA application. This grace period was extended from 60 days to 90 days on August 21, 2026.
Employers should not submit the application for an LMIA immediately prior to the work permit application and expect that IRCC will allow for concurrent processing. Such requests will be assessed on an exceptional basis.
Foreign workers who apply to extend or change the conditions of their work permit before it expires are legally allowed to stay in Canada while IRCC processes the application and can continue to work under the conditions of their existing permit until their application is decided. This is known as maintained status.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.