October 2026 immigration update: IRCC changes its approach to pending Labour Market Impact Assessments, offering greater protection to eligible temporary foreign workers facing expiring work permits.

OTTAWA — October 28, 2026

Foreign workers in Canada who are waiting for their employers to receive a Labour Market Impact Assessment (LMIA) have received an important immigration policy update.

As of October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) has removed the previous 90-day decision limit for certain work permit applications submitted while an employer's LMIA application is still being processed.

The change is significant for temporary foreign workers whose existing work permits are approaching expiry and whose employers have already submitted an LMIA application to Employment and Social Development Canada (ESDC).

Previously, eligible workers could apply for a work permit extension through a process known as concurrent processing. However, IRCC generally held the application for a maximum of 90 days while waiting for the employer's LMIA decision.

If the LMIA was not received within that period, the worker could face the possibility of a refusal, even when the delay was caused by government processing times rather than anything within the worker's control.

Under the updated instructions, IRCC officers are now directed to wait for the LMIA decision before making a final decision on qualifying work permit applications.

This is an important distinction: the change removes the previous 90-day decision deadline for these applications. It does not mean that every foreign worker can apply without an LMIA or that every pending application will automatically be approved.

What Has Changed Under the New IRCC Policy?

The previous 90-day rule created uncertainty for workers and employers.

For example, imagine a foreign worker whose employer submitted an LMIA application several months before the worker's existing permit expired.

The worker's permit is approaching its expiry date, but ESDC has not yet issued a decision.

Under the concurrent-processing procedure, the worker could submit a work permit extension application before receiving the LMIA result, provided the eligibility requirements were satisfied.

The concern was that the LMIA might take longer than IRCC's 90-day waiting period.

The October 28 update changes that approach. IRCC officers are now instructed to hold qualifying applications until the LMIA decision is received rather than refuse the work permit application simply because the previous 90-day period has passed.

Who Qualifies for Concurrent Processing?

It is important to understand that this policy is not available to every foreign worker in Canada.

To qualify, applicants generally must meet the following requirements:

IRCC may examine whether the employer submitted the LMIA with sufficient lead time. An employer cannot simply submit an LMIA immediately before the employee’s work permit expires and automatically expect the worker to qualify for concurrent processing.

Can Workers Continue Working While Waiting for the LMIA?

This is one of the most important aspects of the policy.

A foreign worker who submits an eligible work permit extension application before their current permit expires may benefit from what IRCC calls maintained status (previously known as implied status).

Maintained status generally allows the worker to remain in Canada while IRCC processes the application.

If the worker is extending an existing work permit, they may also continue working under the conditions of their previous permit while awaiting a decision.

For someone holding an employer-specific work permit, this generally means continuing to work for:

There is an important condition: the worker must remain in Canada to benefit from the continued work authorization associated with maintained status.

Leaving Canada while an extension application is being processed can affect the right to resume working upon return.

Workers should also remember that maintained status is not the same as receiving a new work permit. It is temporary authorization under the applicable immigration rules while IRCC considers the application.

What Happens If the LMIA Is Refused?

The October 28 policy change does not guarantee approval of a work permit.

An employer must ultimately obtain a positive or neutral LMIA for the worker to receive an employer-specific work permit under the Temporary Foreign Worker Program.

If ESDC refuses the employer’s LMIA application, the worker cannot rely on the pending-LMIA procedure to obtain the requested work permit.

The consequences will depend on the worker’s immigration circumstances and whether another work permit category or immigration pathway is available.

Workers should not assume that they can continue working indefinitely simply because their work permit extension application remains under consideration.

If the LMIA is refused, employers and workers should obtain appropriate immigration advice promptly and examine their available options.

Important Notice to Clients

If you are currently in Canada on a work permit and are waiting for your employer’s LMIA decision, please contact HM Group as soon as possible.

Our team can help review your situation, assess your eligibility under the updated IRCC policy, and guide you through the appropriate work permit application process.

Please do not wait until your current work permit expires. Early action is important to protect your immigration status and work authorization.

Contact HM Group today for assistance and guidance.

info@hmgimmigration.com

Phone: 905-667-8180