Certain Foreign Workers Can Apply for a TFWP Work Permit Without an Approved LMIA

Foreign workers already in Canada may have an important option to maintain their legal work status—even if their employer has not yet received a positive or neutral Labour Market Impact Assessment (LMIA).

Under special measures introduced by Immigration, Refugees and Citizenship Canada (IRCC), eligible workers can submit a work permit application under the Temporary Foreign Worker Program (TFWP) while their employer’s LMIA application is still being processed. This policy is designed to prevent job loss and status gaps caused by long LMIA processing times.

Why This Measure Matters

LMIA processing can take two to three months or longer. For workers whose permits are close to expiring, waiting for a finalized LMIA could mean falling out of status or being forced to stop working. Concurrent processing offers a temporary solution in these time-sensitive situations.

What Is Concurrent Processing?

Normally, a foreign worker cannot apply for a TFWP work permit until the employer receives a positive or neutral LMIA. However, under concurrent processing, the worker is allowed to apply first—while the LMIA application is still under review—if strict conditions are met.

Eligibility Requirements for Applying Without an LMIA in Hand

To qualify under this exception, all of the following must apply:

• You are currently in Canada with valid work status
• Your existing work permit expires within two weeks or less
• Your employer has already submitted an LMIA application with sufficient lead time

If these conditions are satisfied, you may submit your TFWP work permit application before the LMIA decision is issued.

Maintained Status Protection

If your current work permit expires after you submit the new application, you may continue working under the same conditions while IRCC processes your file. This is known as maintained status and applies only if you remain in Canada during processing.

The 60-Day LMIA Proof Deadline

Applicants using concurrent processing are given an additional 60 days to submit proof that their employer has received a positive or neutral LMIA.

Failure to submit this proof within the allowed timeframe can result in refusal of the work permit application.

Important Limitation: Low-Wage LMIA Moratorium

There is an ongoing pause on processing LMIAs under the low-wage stream in regions with higher unemployment rates.

• High-wage positions may still qualify for LMIA processing regardless of location
• Low-wage positions are restricted in regions where unemployment is 6% or higher, unless the occupation is exempt

This means not all employers or positions will benefit from concurrent processing.

Wage Rules for High-Wage Positions

To qualify under the high-wage stream, the offered wage must meet strict standards:

• It must be at least equal to the provincial wage threshold, or
• Match the wage paid to similar employees in the same role and location

Additionally, the wage must be higher than the prevailing wage listed in Canada’s Job Bank for that occupation and region.

Regions Currently Affected by the Low-Wage Moratorium

Several major regions across Ontario, Alberta, British Columbia, Saskatchewan, and Newfoundland and Labrador are impacted, including large cities such as Toronto, Vancouver-area regions, Calgary, Edmonton, and others.

Employers hiring for low-wage roles in these areas may not be able to proceed with an LMIA unless the job falls under an exemption.

When Should Concurrent Processing Be Used?

IRCC strongly recommends applying for a new work permit at least 30 days before the current permit expires. Concurrent processing should only be used when:

• The LMIA cannot be obtained in time despite reasonable effort
• The employer has already met advertising and submission requirements
• There is clear evidence that the LMIA application was filed with sufficient preparation

Applications submitted without proper lead time may be refused.

Key Takeaway

Concurrent processing can be a valuable option for eligible workers facing urgent permit expiry, but it is not guaranteed and requires careful compliance with IRCC rules. Both employers and workers should act early to reduce risk.

For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!