Foreign workers in Canada whose work permits are nearing expiry will no longer face a fixed 90-day deadline while waiting for their employer’s Labour Market Impact Assessment (LMIA).
On October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) introduced a change to how certain work permit applications are processed under the Temporary Foreign Worker Program.
Previously, IRCC would hold an eligible application for up to 90 days while awaiting the LMIA decision. If the assessment was still pending after that period, the work permit application could be refused.
Under the new rules, IRCC will keep eligible applications open until a decision on the LMIA is issued, removing the risk of refusal solely because the assessment takes longer than expected.
Who qualifies for this change?
The new procedure applies to workers already in Canada who meet the following conditions:
- Their current work permit expires within two weeks.
- Their employer has submitted a complete LMIA application sufficiently early, based on published processing times.
- The LMIA application is still awaiting a decision.
- They apply for their work permit before their current permit expires.
Applicants must enter the code CPTS2026 in the Job Title field of form IMM 5710 and provide evidence of their job offer and the pending LMIA application.
Can workers continue working while they wait?
Yes. Workers who submit an eligible extension application before their current permit expires can generally continue working under the same conditions through maintained status until IRCC makes a decision.
However, removing the waiting limit does not guarantee approval. A positive or neutral LMIA is still required, and all other work permit requirements must be met.
The change offers greater protection to eligible foreign workers whose immigration status could otherwise be affected by delays beyond their control.
