Canada Extends LMIA Grace Period for Work Permit Applicants to 90 Days
IRCC now allows 90 days, up from 60, to supply a positive LMIA after filing a work permit application. Foreign workers in Canada now have 90 days, rather than 60, to provide proof of a positive or neutral Labour Market Impact Assessment (LMIA) after they submit a work permit application under the Temporary Foreign Worker Program (TFWP). Immigration, Refugees and Citizenship Canada (IRCC) published the change in its operational instructions on LMIA validity and duration of employment, which now state that, for applications submitted in Canada under section R199, "to ensure that foreign nationals do not fall out of status, IRCC will allow 90 days from the date of submission for the applicant to provide a positive LMIA."
Extension Eases Timing Pressure
The substance of concurrent processing is unchanged. What changed is the length of the hold. Under the revised instructions, IRCC holds a qualifying work permit application for 90 days from the date of submission while the applicant waits for a decision on their employer's LMIA. This change was implemented in late August 2026 and applies immediately to new applications.
The instructions state that "applications will be held by IRCC for 90 days, after which a final determination regarding the work permit will be made."
Context: LMIA Processing Delays
Employment and Social Development Canada updated LMIA processing times on September 10, 2026. Processing time increased for nearly every stream except the Seasonal Agricultural Worker Program, which dropped slightly. The Permanent Residence Stream saw the sharpest jump, up 70 business days to 156.
What This Means
If you're applying for a work permit while your employer pursues an LMIA, you now have a full 90 days (instead of 60) to obtain a positive LMIA decision before IRCC must make a final determination on your permit. Given rising LMIA processing times, this 30-day buffer provides critical breathing room. Submit your work permit application as soon as your employer begins the LMIA process to maximize your window.
Sources
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