Canada: IRCC may hold off on refusing a work permit while ESDC reviews an LMIA

IRCC has scrapped the former 90-day waiting rule and may now delay a decision on an expiring work permit while the employer awaits ESDC’s LMIA decision. The reprieve isn’t for everyone: the application must be filed inside Canada, no more than two weeks must remain before the permit expires, and supporting documents are required. There’s no guarantee the worker will be given extra time.

What changed

Previously IRCC waited 60 days for an LMIA decision, then the period was extended to 90. On August 21, IRCC announced it would wait longer. Later, on October 28, 2026, IRCC updated its guidance: officers are instructed not to make a decision on an employer-specific work permit application while the LMIA is still pending, provided certain conditions are met. The 90-day cap has been removed.

The problem stemmed from ESDC’s prolonged processing times. According to a source, over recent months and years, with the emergence of dual intent LMIAs and after COVID, LMIA processing times in some streams exceeded a year. IRCC couldn’t wait and began refusing applications while the LMIA was still unapproved. Both employers unable to keep their employee and workers whose permit had expired and who could no longer work were affected.

Who qualifies and under what conditions

The mechanism applies only to LMIA-based work permits for employment with a specific employer. It doesn’t apply to LMIA-exempt job offers, bridging open work permits, T13, or P&P permits — separate protocols exist for those. Applying without being eligible isn’t worthwhile: an application that doesn’t meet the criteria won’t go through.

The conditions listed in the material are:

• the permit expires within the last two weeks, and other eligibility criteria listed on the IRCC website are met;
• the application is filed from within Canada under section R19, so the foreign national doesn’t lose status;
• the employer has submitted a complete LMIA application package with sufficient lead time relative to the published processing time;
• the applicant provides the required information in the application, including the job title; the officer notes the exception request in GCMS.

What to prove

Along with the application, you need to submit the payment receipt, the complete LMIA application package, and evidence that the LMIA was filed well in advance rather than at the last stage: the employer has already completed advertising, and the application has reached the final submission stage. All these confirmations must be attached together with evidence of meeting the criteria.

There’s still no guarantee. An officer may miss something, may not open the web form, and each applicant’s situation differs. Previously, the 90-day cutoff meant that anything beyond it was generally refused. Now there’s a chance the mechanism will work for those who can’t get a positive LMIA before their permit expires.