No More 90-Day Cap on Canada LMIA Work Permits

Canada Scraps 90-Day Cap on Work Permits Pending LMIA

📣 ARTICLE HEADLINE

Immigration, Refugees and Citizenship Canada has officially eliminated the fixed 90-day limit for immigration officers holding work permit applications submitted alongside pending Labour Market Impact Assessment decisions.

Under revised operational instructions issued on October 28, 2026, immigration officers must now hold qualifying extension applications until Employment and Social Development Canada completes its assessment of the employer’s LMIA application. This administrative update reverses a rule that allowed officers to issue a final decision, and potential refusal, on an extension application once 90 days elapsed, even if ESDC had not finished processing the underlying LMIA.

The policy shift specifically targets foreign workers who are currently in Canada and facing imminent permit expirations. Under the rules governing concurrent processing, workers can file for an extension before their employer receives an LMIA result, protecting their legal status in the country while the regulatory assessment runs its course.

Qualifying Conditions for Applicants

The update applies exclusively to temporary foreign workers already operating inside Canada who meet three strict operational criteria:

• The applicant’s existing work permit must expire within two weeks or less at the time of filing.
• The prospective employer must have submitted a complete LMIA application to ESDC.
• The applicant must maintain valid temporary status throughout the processing window.

The policy does not eliminate the basic requirement for a positive or neutral LMIA, nor does it guarantee an eventual work permit approval. Foreign workers must continue to abide by their existing permit conditions and maintain valid temporary resident status while awaiting a final decision.

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