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Canada Extends Grace Period For TFWP Work Permit Applicants

Canada extends grace period for TFWP work permit applicants
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Canada Extends Grace Period For TFWP Work Permit Applicants

Canada has extended the time available to certain foreign workers in Canada who apply for a work permit under the Temporary Foreign Worker Program (TFWP) before their employer receives a positive or neutral Labour Market Impact Assessment (LMIA).

The change gives eligible applicants 90 days instead of 60 days to provide proof of the required LMIA after submitting their work permit application.

The extra time can help foreign workers who are waiting for their employer’s LMIA decision and are also close to the expiry of their current work permit.

The federal government introduced the change on August 21, 2026, by updating its instructions for officers on concurrent processing of in-Canada work permit applications.

What Does The New Extension Mean?

Under concurrent processing, eligible foreign workers can submit a TFWP work permit application while their employer’s LMIA application is still being reviewed.

Normally, a positive or neutral LMIA is needed before a TFWP work permit can be issued. The LMIA confirms that the employer has met the labour market requirements for hiring a foreign worker.

The concurrent processing option allows the work permit application to be submitted earlier.

Applicants now have up to 90 days to add proof of the positive or neutral LMIA to their application.

This is an increase from the previous 60-day period.

The change may be helpful for workers whose current permits are close to expiry. Without this option, they may have to wait for the employer to receive the LMIA before submitting a new work permit application.

Why Concurrent Processing Matters?

LMIA applications can take several months to be completed. This can create a difficult situation for foreign workers whose current work permits are about to expire.

Without concurrent processing, the worker would generally need to wait for the employer to receive the LMIA before applying for a new TFWP work permit.

That delay could affect the worker’s ability to keep working legally in Canada.

Concurrent processing allows the work permit application to move alongside the employer’s LMIA application. This gives eligible workers a better chance of maintaining their work authorization while waiting for the LMIA decision.

If the worker applies for a new work permit from inside Canada before the current permit expires, maintained status may allow continued work under the conditions of the existing permit while the new application is being decided.

The worker must remain in Canada to benefit from maintained status.

Requirements For Concurrent Processing

Not every TFWP work permit application can use concurrent processing. The following conditions must be met:

  • The foreign national’s work permit is set to expire in two weeks or less.
  • The employer has submitted a complete LMIA application.
  • The decision on the LMIA application has not been made.
  • The LMIA application had been submitted with enough lead time to have allowed for the likely possibility that a decision could have been made.

These conditions are used to determine whether the applicant can have the work permit application reviewed while the LMIA is still pending.

How Does The Ninety-Day Period Work?

When a TFWP work permit application is submitted through concurrent processing, the immigration officer does not make an immediate final decision on the work permit application.

Instead, the application is put on hold for the allowed period.

The applicant can then provide proof that the employer received a positive or neutral LMIA.

The officer returns to the application after the 90-day period and reviews the available information before making a decision.

The longer period gives applicants more time to receive the required LMIA documents from their employer.

What Happens Without Concurrent Processing?

Without concurrent processing, a foreign worker would normally need to have the completed LMIA before submitting a TFWP work permit application.

This can create problems when an existing work permit is close to expiry.

For example, an employer may submit an LMIA application while the worker still has valid status in Canada. If the LMIA decision takes several months, the worker’s existing work permit could expire before the employer receives a decision.

A positive LMIA received after the worker loses work authorization may not solve the problem immediately.

The worker could be required to stop working and may need to restore status, depending on the circumstances. In some cases, the worker could also be required to leave Canada.

Concurrent processing is designed to reduce this gap by allowing the work permit application to be submitted while the LMIA is still under review.

More Time For Eligible TFWP Applicants

The extension from 60 to 90 days gives eligible foreign workers additional time. They can use this extra time to provide the LMIA result required for their work permit application.

The change does not remove the LMIA requirement for TFWP work permits. Instead, it gives qualifying applicants more time to submit proof of the employer’s positive or neutral LMIA.

For workers with permits nearing expiry, the updated 90-day period may provide more time. This allows employers to wait for an LMIA decision.

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