Canada has changed its work permit processing rules, giving some foreign workers more time while waiting for their employer’s Labour Market Impact Assessment (LMIA). Under the October 28, 2026, update described by IRCC.com, officers must now wait for a decision on the related LMIA before deciding a qualifying work permit application submitted through concurrent processing.
For workers whose permits are about to expire, this change could help prevent a refusal caused only by LMIA processing delays. However, the change does not remove the LMIA requirement or guarantee work permit approval.
What Has Changed in Canada’s LMIA Work Permit Rules?
Previously, eligible work permit applications submitted through concurrent processing could be held for 90 days while the employer’s LMIA was being processed. If the LMIA decision had not arrived by the end of that period, an officer could make a final decision on the work permit application, potentially leading to refusal.
The October 28 update removes that fixed 90-day deadline. Officers are now directed to keep qualifying applications open until a decision is made on the associated LMIA.
Here is what the change means:
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Previous rule: Officers could decide the work permit application after the 90-day waiting period, even if the LMIA was still pending.
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New rule: Officers wait for the related LMIA decision before deciding a qualifying application.
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What remains unchanged: A positive or neutral LMIA is still required before a work permit can be issued under the Temporary Foreign Worker Program (TFWP).
This is a change to processing timelines, not a new work permit category or an exemption from existing eligibility requirements.
Who Qualifies for Concurrent Processing?
Not every foreign worker waiting for an LMIA can benefit from the updated rule. According to the supplied IRCC.com report, applicants must meet specific conditions when submitting their applications.
Generally, the worker must:
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Be physically present in Canada.
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Have a work permit that expires in two weeks or less.
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Have an employer who submitted a complete LMIA application early enough for a decision to have realistically been possible before the existing permit expired.
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Have no decision made on the related LMIA when the work permit application is submitted.
These conditions matter. If an employer submits an LMIA at the last minute, the application may not qualify for normal concurrent processing and could be considered only on an exceptional basis.
Workers should therefore confirm their eligibility and application timing rather than assuming that every pending LMIA receives the same treatment.
What Happens If Your LMIA Is Still Pending After 90 Days?
Under the updated guidance, a qualifying work permit application should not be decided simply because 90 days have passed while the related LMIA remains under review.
This gives eligible applicants more protection against delays outside their control. Previously, an employer’s pending assessment could put a worker’s application and ability to continue working at risk.
However, the removal of the deadline does not mean the application will be approved automatically. The employer’s LMIA must still receive the required decision, and the worker must satisfy the applicable work permit requirements.
Applicants should continue monitoring their application status and ensure that their employer has submitted the required documents.
What Is the CPTS2026 Code for Work Permit Applications?
The IRCC.com report states that applicants using concurrent processing are encouraged to enter CPTS2026 in the intended occupation field.
The code helps IRCC identify and track these applications. It is an administrative tracking code, not an eligibility shortcut.
Keep these points in mind:
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The code is intended for tracking purposes.
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It does not influence the officer’s decision.
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Including it does not guarantee that the application qualifies for concurrent processing.
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Applicants still need to meet the applicable conditions and LMIA requirements.
Follow the current official instructions when completing your work permit application.
Can You Continue Working While Waiting for a Work Permit Decision?
Workers who submit an eligible extension application before their current work permit expires may be able to continue working under maintained status, subject to the applicable conditions.
This is particularly important for temporary foreign workers who need to keep working while their employer’s LMIA is being processed.
However, maintained status is not a blanket permission to work in every situation. Your ability to continue working depends on factors such as when you applied, your previous permit conditions, and the type of application submitted.
If your work permit is close to expiry, review your options before the expiry date and obtain advice from a licensed Canadian immigration professional if your circumstances are unclear.
Does Canada Still Require a Positive LMIA?
Yes. The updated guidance changes when officers decide certain work permit applications; it does not eliminate the Labour Market Impact Assessment requirement.
Under the Temporary Foreign Worker Program, the employer generally needs the required positive or neutral LMIA outcome before the work permit can be issued.
An LMIA is used to assess the potential impact of hiring a foreign worker on Canada’s labour market. A pending LMIA is not the same as an approved LMIA, and a longer waiting period does not guarantee a favourable outcome.
Employers should submit complete applications as early as possible, while workers should make sure they understand their existing permit conditions and extension options.
Frequently Asked Questions About Canada’s LMIA Work Permit Changes
1. Has Canada removed the 90-day LMIA time limit for work permits?
According to the supplied IRCC.com report, the October 28, 2026, update removes the fixed 90-day decision point for qualifying work permit applications submitted through concurrent processing. Officers are directed to wait for the related LMIA decision before deciding these applications.
2. Who can apply through concurrent processing in Canada?
The reported conditions include being in Canada, having a work permit expiring in two weeks or less, having an employer with a complete LMIA application submitted with sufficient lead time, and having no LMIA decision yet.
3. Do I still need an LMIA for a Temporary Foreign Worker Program work permit?
Yes. The change does not remove the requirement for a positive or neutral LMIA before the work permit can be issued under the TFWP.
4. What happens if my LMIA takes longer than 90 days?
If your application qualifies under the updated concurrent-processing guidance, officers should wait for the related LMIA decision instead of deciding the work permit application solely because 90 days have passed.
5. What does CPTS2026 mean?
CPTS2026 is a tracking code that applicants are encouraged to enter in the intended occupation field when using this route. It helps identify applications but does not affect the decision.
6. What if my employer submitted the LMIA just before my work permit expired?
The report says last-minute LMIA submissions may be considered on an exceptional basis. Employers are expected to submit the LMIA early enough that a decision could realistically have been made before the permit expired.
7. Does the new rule guarantee work permit approval?
No. It changes the timing of the decision for qualifying applications. Applicants must still meet the relevant requirements, and the required LMIA outcome must be obtained.
8. Can I keep working while my extension application is pending?
You may be able to continue working under maintained status if you submitted an eligible application before your permit expired. Your rights depend on your application and existing permit conditions, so verify your individual situation before continuing to work.
What This Change Means for Foreign Workers and Employers
Removing the 90-day deadline could reduce the risk of a work permit refusal caused by an outstanding LMIA decision. It also makes early employer preparation more important because concurrent processing has specific eligibility conditions.
Foreign workers should not wait until the last moment to review their work permit expiry dates. Employers should submit complete LMIA applications with sufficient lead time, and both parties should keep track of the application status.
For the latest requirements, check the official Government of Canada immigration website at Canada.ca/immigration. For advice about a specific application, consult a licensed Regulated Canadian Immigration Consultant (RCIC) or Canadian immigration lawyer.
