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Work Permit Update
If your employer has applied for a new Laboure Market Impact Assessment (LMIA) but the decision has not yet been issued, you may still be able to submit an in-Canada work permit extension application before receiving the positive LMIA.
However, this is not available in every case. IRCC applies specific timing and documentation requirements.
Workers in Canada sometimes face a difficult timing problem: their employer has submitted a new Laboure Market Impact Assessment (LMIA), but the worker’s current employer-specific work permit is about to expire before Service Canada issues a decision.
IRCC currently allows certain workers to apply for a work permit extension while the employer’s LMIA application is still being processed.
But the rule is narrower than simply being able to “apply now and submit the LMIA later.” The worker and employer must satisfy specific conditions, and the missing LMIA must be provided within the required timeframe.
Can You Apply for a Work Permit Extension Without the New LMIA?
Potentially, yes.
IRCC states that a worker may be able to submit a work permit extension application while the employer’s LMIA application is still being processed.
For an LMIA-required work permit, IRCC says the worker must generally meet all of the following conditions:
- The current work permit expires in two weeks or less.
- The employer has already submitted a complete LMIA application.
- The worker submits the remaining required documentation within the period specified by IRCC.
This means the policy is designed primarily for workers whose permit expiry is very close and whose employer has already taken the necessary LMIA steps.
Important
In most cases, IRCC recommends waiting until the employer receives a positive LMIA before applying for the work permit extension. The pending-LMIA approach is an exception for certain time-sensitive cases, not the standard process
In most cases, IRCC recommends waiting until the employer receives a positive LMIA before applying for the work permit extension. The pending-LMIA approach is an exception for certain time-sensitive cases, not the standard process
What Is the 90-Day Rule?
If IRCC accepts a work permit extension application without the new LMIA or CAQ being included at the time of filing, the missing document must generally be submitted within 90 days of the date the extension application was submitted or received, according to IRCC’s current work-permit extension guidance.
If the LMIA or CAQ is not provided within the required timeframe, IRCC states that the work permit application may be refused as incomplete
| Requirement | General Rule |
|---|---|
| Current permit expiry | Generally within 2 weeks |
| Employer action | Complete LMIA application already submitted |
| Work permit filing | Must still include all other required documents |
| Missing LMIA | Must be provided within IRCC’s applicable deadline |
| If not submitted | Application may be refused as incomplete |
What Must You Include If the LMIA Is Still Pending?
IRCC’s guidance says that a worker applying before the LMIA is issued must include evidence showing that the employer has already made the LMIA request.
This can include:
- proof of a valid job offer;
- a copy of the LMIA application submitted to Service Canada; or
- a receipt or confirmation number showing that the LMIA request was submitted online.
IRCC also instructs applicants to provide details such as:
- the date the LMIA request was submitted;
- the office to which it was submitted;
- the employer’s name; and
- the submission confirmation number, where available.
When the LMIA decision becomes available, the worker should submit the missing document to IRCC using the appropriate web form.
Can You Keep Working After Your Current Work Permit Expires?
In many cases, yes—but only if the extension application was submitted before the current work permit expired and the worker continues to meet the conditions for maintained status.
IRCC states that a worker who applies to extend or change the conditions of a work permit before expiry may remain in Canada while the application is being processed.
If the worker applied to extend the same employer-specific work permit and the conditions remain unchanged, the worker may generally continue working under the conditions of the original permit until IRCC makes a decision.
Maintained Status Does Not Mean Unlimited Work Authorization
If you have an employer-specific work permit, you generally must continue working under the same employer, occupation and other conditions of the original permit while relying on maintained status.
What If You Want to Change Employers?
A pending LMIA extension should not be confused with changing employers.
If you hold an employer-specific work permit and want to begin working for a different employer, IRCC generally requires a new employer-specific work permit application. In some circumstances, a worker may request authorization to begin working for the new employer while that application is being processed.
The rules for changing employers are separate from the maintained-status rules that apply when extending the same employment authorization.
What Employers Should Do
Employers should not wait until the worker’s permit is about to expire before starting the LMIA process.
IRCC states that where an LMIA is required, the employer is responsible for submitting the LMIA application. In most cases, the worker should receive the positive LMIA before submitting the extension application.
Starting the process early can reduce the risk that the worker needs to rely on the pending-LMIA exception.
Common Mistakes to Avoid
- Assuming anyone with a pending LMIA can use the rule. The timing and employer-submission requirements matter.
- Waiting until after the current permit expires. Maintained-status protection generally depends on applying before expiry.
- Failing to provide proof that the LMIA application was submitted.
- Missing IRCC’s deadline to provide the LMIA. This can result in the application being refused as incomplete.
- Changing jobs or employers without separate authorization. Employer-specific permits continue to restrict where and for whom the worker may work.
Frequently Asked Questions
Can I apply for a work permit extension while my LMIA is still processing?
Potentially. IRCC says this may be possible where the current permit expires within two weeks, the employer has already submitted a complete LMIA application, and the worker satisfies the remaining filing requirements.
How long do I have to submit the LMIA?
Current IRCC work-permit extension guidance states that the missing LMIA or CAQ should generally be provided within 90 days of submitting the extension application. If it is not submitted within the applicable deadline, the application may be refused as incomplete.
Can I continue working if my permit expires while IRCC processes the extension?
If you applied before your current permit expired and qualify for maintained status, you may generally continue working under the same conditions while IRCC processes the application.
Can I change employers while waiting?
Not simply because an extension application is pending. Changing employers generally requires a new employer-specific work permit application, although some workers may be able to request interim work authorization.
What happens if the LMIA is refused?
A positive LMIA is normally required for an LMIA-based employer-specific work permit. If the employer receives a negative LMIA, the worker should obtain advice about the effect on the pending work permit application and whether another immigration option is available.
Need Help With a Pending LMIA and Work Permit Extension?
Timing is critical when a work permit is approaching expiry and the employer’s LMIA decision is still pending.
Cambria Law Firm can help assess whether the pending-LMIA extension process applies, what supporting evidence should be included, and what work authorization may continue while IRCC processes the application.
Learn about our Work Permit and LMIA services
Book a consultation with Cambria Law Firm
Immigration Disclaimer: This article provides general information only and does not constitute legal or immigration advice. Work permit, LMIA and maintained-status rules can depend on the worker’s specific immigration status, employer, job and timing. IRCC requirements may change.
Sources
- Immigration, Refugees and Citizenship Canada — Extend or change the conditions on your work permit: How to apply.
- IRCC Help Centre — Extending an expiring work permit without a new LMIA or CAQ.
- Immigration, Refugees and Citizenship Canada — Maintained status and working while an extension is processed.
- Immigration, Refugees and Citizenship Canada — Employer-specific work permits.
