Canada Removes 90 Day Wait Limit for Some Work Permits

Immigration, Refugees and Citizenship Canada (IRCC) has removed the 90-day holding limit for certain in-Canada work permit applications submitted while an employer’s Labour Market Impact Assessment (LMIA) is pending. Under the revised instructions, eligible applications can remain on hold until Employment and Social Development Canada (ESDC) makes a decision on the LMIA.

The update may reduce uncertainty for temporary foreign workers whose current permits are close to expiry and whose employers have already started the LMIA process. Previously, a fixed 90-day period could put an otherwise eligible application at risk when ESDC had not completed its assessment in time. The revised approach removes that particular deadline, but it does not remove the LMIA requirement or expand eligibility to every worker in Canada.

What Has Changed Under the New IRCC Instructions?

Under the earlier approach described in the programme instructions, IRCC could hold an eligible work permit application for 90 calendar days while waiting for a positive LMIA and, where required, a Quebec Acceptance Certificate (CAQ). If the required decision was not available within that period, the application could be refused. For a person relying on maintained status, refusal could also end the ability to continue working under the conditions of the previous permit.

The revised instructions remove the 90-day holding period. IRCC will now wait for ESDC to make its LMIA decision before finalising an eligible concurrent work permit application. Where a CAQ is required, that document must also be available for the application to proceed as required.

This is a change to the processing of eligible applications, not a promise of approval. IRCC is waiting for a decision, not guaranteeing a positive outcome. If Employment and Social Development Canada (ESDC)issues a negative LMIA, the worker will not meet the positive-LMIA requirement for approval under this process.

Who May Qualify for Concurrent Processing?

The eligibility conditions remain specific. The applicant must be in Canada, and their current work permit must expire in two weeks or less. Their prospective employer must have submitted a complete LMIA application sufficiently in advance, taking the published processing times into account. ESDC must not have made a decision on that LMIA when the work permit application is assessed for concurrent processing.

These conditions matter because the process is designed to address a genuine overlap between a timely employer LMIA application and an approaching work permit expiry. It is not intended to reward an employer who waits until the final days before the worker’s permit expires and then submits an LMIA. IRCC has indicated that late submissions will be considered only in exceptional circumstances.

For example, imagine a worker whose permit expires in ten days. The employer submitted a complete LMIA application well in advance, but ESDC has not yet issued a decision. If the worker meets the other requirements and submits the work permit application correctly, IRCC may hold it until the LMIA outcome is available. The change removes the former 90-day cut-off; it does not remove the need to satisfy all other requirements.

Why the Change Could Matter to Workers and Employers

LMIA processing can take longer than employers and workers expect. The source information supplied for this report notes that, in September 2026, the average processing time for high-wage LMIAs was 98 business days, approximately 137 calendar days. When a fixed holding period is shorter than the processing timeline, a worker can face uncertainty even when the employer has taken timely steps.

Removing the 90-day limit may reduce the risk of a refusal caused only by the LMIA decision not arriving within that period. It can also make workforce planning more predictable for employers that have properly prepared and filed their applications. However, employers should still begin the LMIA process early and maintain communication with the worker about the permit expiry date and the status of the application.

Maintained Status: an Important Distinction

Some workers who apply to extend their work permits before the current permit expires may benefit from maintained status. Depending on the circumstances and the applicable conditions, they may be allowed to remain in Canada and continue working under the conditions of their previous permit while IRCC processes the extension application.

The removal of the 90-day holding limit may help eligible applicants avoid a refusal solely because the LMIA decision is delayed. It does not independently create maintained status, authorise work for someone who has no right to work, or allow a worker to change employers or conditions without the required authorisation. Applicants should confirm their status and work conditions rather than assuming that submitting any application automatically permits continued employment.

When Can an Expired LMIA Be Reused?

IRCC has also clarified an existing exception involving workers whose original work permits were issued for a shorter period because their passports were expiring. An LMIA may approve a longer period of employment than the period printed on the worker’s permit. If the passport expiry date caused IRCC to issue a shorter permit, the worker may be able to renew the passport and apply to extend the permit for the remaining period authorised by the original LMIA, even if the LMIA validity date has since passed.

This exception is limited. It applies where the original work permit duration was shortened because of passport validity, and the extension cannot exceed the employment duration approved under the original LMIA. It is not a general permission to use any expired LMIA for a new work permit application. Workers should retain the original LMIA, prior permit and renewed passport details to establish the circumstances.

What Applicants Should Do Next

Workers should check the expiry date on their current permit, confirm that the employer submitted a complete LMIA application on time and ensure that the work permit extension is filed within the applicable period. Employers should keep proof of the LMIA submission and monitor ESDC correspondence. Applicants who need a CAQ should also account for that requirement.

The key takeaway is straightforward: IRCC has removed a fixed 90-day wait limit for a narrow group of concurrent applications. The change offers more flexibility where an LMIA decision is delayed, but a positive LMIA and all other work permit requirements remain essential. Careful timing and accurate documentation continue to be critical.

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