Canada Removes 90-Day Limit for Concurrent Work Permit Applications

IRCC recently published updated LMIA review instructions for officers. According to the instructions, officers will now hold eligible work permit applications until an LMIA decision is available, rather than making a final determination after 90 days.

The change applies to certain foreign workers already in Canada who are applying to extend their work permits while their employers await an LMIA decision. This is known as concurrent processing.

The update could reduce the risk of workers having their applications refused because their employer’s LMIA takes longer than expected.

IRCC has also clarified how officers should handle LMIA decisions and when an expired LMIA can be reused.

Key Takeaways

• IRCC has removed the 90-day limit for eligible in-Canada work permit applications awaiting an LMIA decision.
• Applications will now be held until ESDC makes a decision on the employer’s LMIA application.
• Eligibility requirements for concurrent processing remain largely unchanged.
• IRCC has also clarified an existing exception for reusing expired LMIAs.

What Has Changed for Concurrent Work Permit Applications?

IRCC Has Removed the 90-Day Limit for Concurrent Processing

The biggest change concerns how long IRCC will hold work permit applications while employers wait for LMIA decisions.

Previously, IRCC allowed eligible applicants 90 calendar days from the date they submitted their work permit application to provide a positive LMIA and, where required, a Quebec Acceptance Certificate (CAQ).

If the LMIA decision was not available within that period, the work permit application could be refused.

For those on maintained status, a refusal would also end their authorization to continue working under the conditions of their previous work permit.

Under the revised instructions, this 90-day deadline has been removed. IRCC will now hold the work permit application until ESDC makes a decision on the employer’s LMIA application, and, where required, a Quebec Acceptance Certificate (CAQ) is available.

This is the second change to concurrent processing rules in just over two months.

On August 21, 2026, IRCC extended the holding period from 60 days to 90 days, giving applicants an additional 30 days to wait for an LMIA decision.

This change is likely driven by the fact that processing times for LMIAs have been increasing. In September 2026, the average processing time for high-wage LMIAs was 98 business days — which is approximately 137 calendar days. Average processing times for the low-wage stream and permanent resident stream were also over the 90-day threshold.

So, what does this mean for applicants?

Let’s say a foreign worker’s work permit is about to expire while their employer’s LMIA application is still pending.

The worker submits an eligible concurrent work permit extension application before their existing permit expires.

If ESDC takes 120 days to make an LMIA decision, the worker may be unable to meet IRCC’s 90-day holding period, putting their work permit application at risk of refusal.

Under the updated instructions, IRCC would continue holding the application until the LMIA decision becomes available.

However, the new rule does not mean IRCC will wait indefinitely for a positive LMIA. IRCC will wait for an LMIA decision, but the employer must receive a positive LMIA for the worker’s application to be approved. If ESDC issues a negative LMIA, the work permit application will be refused.

Eligibility Requirements for Concurrent Processing Remain Unchanged

Although IRCC has removed the 90-day limit, concurrent processing remains available only to in-Canada applicants in specific circumstances.

Applicants must prove that:

• Their permit expires in two weeks or less.
• Their prospective employer has submitted a complete LMIA application.
• The employer submitted the LMIA application sufficiently early, taking into account published processing times.
• ESDC has not yet made a decision on the LMIA application.

This exception is not new. However, the updated instructions explicitly mention it.

What Do These Changes Mean for Foreign Workers?

The main benefit of the changes is greater flexibility for eligible foreign workers whose employers are waiting for LMIA decisions.

Previously, the 90-day limit could create problems when ESDC took longer than expected to process an LMIA — something applicants or employers have no control over.

Removing that fixed deadline will allow IRCC to hold concurrent applications until ESDC makes a decision.

This could also help workers who qualify for maintained status. This would allow them to remain in Canada and continue working under the conditions of their previous work permit while IRCC processes their extension application, even if that takes longer than 90 days.

That said, the updated instructions do not remove the LMIA requirement or change the eligibility requirements for concurrent processing on in-Canada work permit applications.

Employers must still submit LMIA applications sufficiently early, and workers must meet the conditions for concurrent processing.

However, these changes could reduce uncertainty for temporary foreign workers in the face of lengthy LMIA processing times.