LMIA Concurrent Processing in Canada: The 90-Day Rule Explained (2026)

LMIA Concurrent Processing in Canada: The 90-Day Rule Explained (2026)

If your work permit is about to expire and your employer's Labour Market Impact Assessment (LMIA) is still being processed, one change from August 2026 may affect you directly. As of August 21, 2026, Immigration, Refugees and Citizenship Canada (IRCC) extended the concurrent processing period for in-Canada work permit applications from 60 days to 90 days. This guide explains what that period actually is, who qualifies, and what it does and does not do, because the headline version ("90 extra days") is misleading.

What concurrent processing is

Normally, an LMIA is a mandatory document. Under the Immigration and Refugee Protection Regulations, a work permit application is only complete when the positive LMIA is included at the time of submission (paragraph R10(1)(c)).

Concurrent processing is a narrow exception for people applying from inside Canada (section R199). It exists for one reason: to stop a foreign national from falling out of status while their employer's LMIA is still being assessed. Instead of refusing the work permit application because the LMIA is not attached yet, IRCC holds the application open for a set period and waits for proof of a positive LMIA.

As of August 21, 2026, that period is 90 days from the date the work permit application is submitted, up from 60 days. The IRCC operational guidance states that the application "will be held by IRCC for 90 days, after which a final determination regarding the work permit will be made." The extension from 60 to 90 days was reported by CIC News.

The most important clarification

The 90 days is not 90 days of new work authorization. It is the window during which IRCC will wait for the positive LMIA before deciding the work permit application.

The reason a person can usually keep working during that wait is separate. If you applied for a new work permit before your current one expired, you generally benefit from maintained status (previously called implied status), which lets you keep working under the conditions of your existing permit until a decision is made. Concurrent processing and maintained status work together, but they are not the same thing. Reading the change as "workers get 90 extra days to work" is incorrect.

Who qualifies for concurrent processing?

Concurrent processing is not automatic and does not apply to every applicant. According to IRCC, the applicant must apply from inside Canada and provide proof that all of the following are true:

  • their current work permit expires in 2 weeks or less
  • their prospective employer has submitted a complete LMIA application
  • the LMIA was submitted with sufficient lead time, meaning far enough ahead of published processing times that a decision could reasonably be made
  • no decision on the LMIA has been made yet

IRCC also gives an explicit warning to employers: do not submit the LMIA immediately before the work permit application and then expect concurrent processing. Those requests are assessed only on an exceptional basis.

One practical note: applicants who need concurrent processing are asked to follow the instructions so that the tracking code CPTS2026 appears in the intended occupation field. IRCC confirms this code is for tracking only and does not affect the officer's decision.

What happens if the LMIA is approved?

If the employer's LMIA comes back positive or neutral within the window, and the applicant provides that proof, IRCC continues assessing the work permit application. A positive LMIA is one required element, not the whole decision. The officer still has to be satisfied that the other requirements of section R200 and paragraphs R203(1)(a) to (g) are met, including that the job offer is genuine and that the applicant can perform the work. A positive LMIA moves the file forward. It does not guarantee the work permit.

What happens if the LMIA is refused?

This is where the 90 days is most misunderstood. A refused LMIA cannot support a work permit application, and the extra time does not change that. Having 90 days does not convert a refused LMIA into an eligible one. If no positive LMIA is provided by the end of the window, IRCC makes its final determination on the work permit, which without a positive LMIA generally means a refusal. Once the work permit application is decided, maintained status ends. For a worker, that means the practical protection of continuing to work also ends at that point.

Common misunderstandings

  • "The 90 days gives me 90 extra days to work." No. It is a processing hold. Continued work authorization comes from maintained status.
  • "Concurrent processing guarantees my work permit." No. The work permit is still assessed against all requirements in sections R200 and R203.
  • "A refused LMIA is fine because I had 90 days." No. The window does not fix a refused LMIA.

FAQ

Can I apply for a work permit before my LMIA is approved? If you are inside Canada and meet the conditions, yes, through concurrent processing. Your permit must expire in two weeks or less, your employer must have submitted a complete LMIA with sufficient lead time, and no decision can have been made yet.

What is concurrent processing for an LMIA? It is IRCC holding your in-Canada work permit application open while it waits for proof of a positive LMIA, instead of refusing the application because the LMIA is not attached yet.

How long does concurrent processing give you? As of August 21, 2026, IRCC holds the application for 90 days from submission, up from 60 days.

Can I work while waiting for an LMIA? Usually, if you applied for your new work permit before your current one expired, maintained status lets you keep working under your existing conditions until a decision is made. This is separate from the 90-day concurrent processing window.

What happens if my LMIA is refused? A refused LMIA cannot support the work permit application, and the 90-day window does not change that. If no positive LMIA is provided in time, the work permit is generally refused, and maintained status ends when the application is decided.

Final thoughts

The move from 60 to 90 days sounds small, but the details decide outcomes: a two-week expiry window, the difference between maintained status and a processing hold, and what happens when an LMIA comes back refused. If your permit is expiring and your employer's LMIA is still pending, the safest step is to have your specific situation assessed against the current rules before you file.

Book a consultation with Up Immigration to review your work permit and LMIA timing with a Regulated Canadian Immigration Consultant.

Related: Low-Wage LMIA Cap for Small Multi-Site Employers (August 2026) and Temporary Foreign Worker Program: A Guide for Employers.

Disclaimer: This article is general information current as of August 2026, not legal or immigration advice. Immigration rules change, and every case turns on its own facts. Confirm details with IRCC or a regulated representative, and have your own situation assessed before acting.


Larissa Castelluber

Larissa Castelluber, RCIC

Regulated Canadian Immigration Consultant

Larissa has helped hundreds of families, workers, and students navigate Canadian immigration. Her focus includes study/work permits and permanent residence.

Learn more about the team →