Work Permit Expiring While Your LMIA Is Pending? IRCC Dropped the 90-Day Limit

A work permit extension with a pending LMIA can now stay on hold until IRCC receives the employer’s final LMIA decision. Until October 28, 2026, IRCC’s instructions told officers to decide after a hold of 90 days. That cap is gone from the current instructions. It only helps workers inside Canada whose permit ends within two weeks.

We read the change on IRCC’s LMIA review instructions, modified October 28, 2026, and on its work permit extension page, modified October 14, 2026. The earlier 90-day wording comes from IRCC’s August 21, 2026 program delivery update.

Key takeaways

• Officers now wait for the final LMIA decision. The 90-day hold no longer appears in the current instructions.
• You still need to apply from inside Canada, with a permit that ends in two weeks or less and an LMIA filed early enough.
• Maintained status, not the hold, lets you keep working after your permit expires.
• IRCC still needs a positive LMIA before it can approve the permit.
• An LMIA filed right before the work permit application is assessed on an exceptional basis.

Is your work permit ending while an LMIA is pending? Book Your Strategy Consultation with Amir Ismail, RCIC #R412319.

What changed for a work permit extension with a pending LMIA on October 28, 2026?

IRCC changed its officer instructions so a qualifying application is held until the LMIA has a decision. The instructions now say IRCC will not decide the work permit until there is an LMIA decision, and a Quebec Acceptance Certificate (CAQ) if the job needs one. Before that, IRCC held eligible files for 60 days. From August 21, 2026, that hold period increased to 90 days from the date IRCC received the application.

After the LMIA decision, the officer makes a final decision on the work permit. A fixed end date used to force IRCC to rule even if Employment and Social Development Canada (ESDC) had not finished the LMIA. ESDC publishes LMIA processing times by stream, so you can see how long your employer’s file may take.

Who qualifies for concurrent processing?

You qualify only if you apply from inside Canada and meet every condition in IRCC’s instructions. IRCC treats this as an exception, because an LMIA is normally filed with the work permit application. You must show proof that each condition is met.

• You apply in Canada to extend your work permit.
• Your current permit expires in two weeks or less.
• Your employer has submitted a complete LMIA application.
• The LMIA was filed with enough lead time, measured against ESDC’s published processing times.
• ESDC has not yet made a decision on that LMIA.

IRCC also warns employers not to file the LMIA right before the work permit application and expect concurrent processing. Those requests are assessed on an exceptional basis. Treat the two-week rule as a safety net, not a plan. Apply at least 30 days before your permit expires whenever possible.

How do you apply with the CPTS2026 code?

Type CPTS2026 in the “Job Title” field of the IMM 5710 form, and attach proof that your employer filed the LMIA application. IRCC says the code is for tracking only. The officer’s decision should not depend on whether it appears, so the proof is what matters.

1. Confirm your permit expires in two weeks or less and that you are applying from inside Canada.
2. Complete the IMM 5710 and type CPTS2026 in the Job Title field.
3. Include proof of a valid job offer.
4. Attach the LMIA receipt confirmation number if your employer filed online, or a copy of the paper application your employer sent.
5. In the details of intended work, give the date the LMIA request was sent, the office it went to, the employer’s name and the confirmation number if you have one.
6. Submit before your permit expires. Online, that means before midnight UTC on the expiry day.

Can you keep working while IRCC waits?

Yes. If you applied before your permit expired and remained in Canada, maintained status lets you keep working under the same conditions until IRCC decides your application. The hold itself gives you no extra work time. Maintained status does, and it lasts until IRCC decides your application.

Same conditions means the same employer, job and work location if your permit is employer-specific. In most cases, applying online gets you a work permit extension letter (WP-EXT) in your IRCC account. You can show it to your employer.

While you are on maintained status, you cannot renew provincial documents such as a driver’s licence or health card. You also cannot apply for a SIN card or update its expiry date. Renew those before your permit ends.

Maintained status does not guarantee approval. If the LMIA is refused, IRCC cannot approve the permit on that job offer. Read more on our pages about maintained status in Canada and work permit extensions.

Not sure your timeline fits the two-week rule? Book Your Strategy Consultation before your permit runs out.

What must the employer do?

The employer must file a complete LMIA early and offer a genuine job. IRCC officers still check that the job offer is genuine and that the employer met past conditions. They also check IRCC’s public list of employers who have been non-compliant.

Concurrent processing is not a way to file late. The instructions tell employers to submit the LMIA far enough ahead of ESDC’s published processing times that a decision could be made. Low-wage employers should also read our post on the low-wage LMIA freeze in 30 cities.

For the hiring side, see our LMIA work permit and hire a foreign worker pages.

Frequently asked questions about a work permit extension with a pending LMIA

Want a second set of eyes on your dates and documents? Book Your Strategy Consultation with Amir Ismail, RCIC #R412319.

This article is general information, not legal advice. Amir Ismail & Associates does not provide legal opinions. Rules change, so check the IRCC pages linked above before you act.