Maple News reports that eligible foreign workers in Canada may now apply for a work permit under the Temporary Foreign Worker Program (TFWP) without waiting for their employer to secure a positive or neutral Labour Market Impact Assessment (LMIA)—a significant shift designed to reduce processing delays and support both employers and employees.
This exemption is part of Immigration, Refugees and Citizenship Canada’s (IRCC) concurrent processing initiative, which allows workers with valid temporary status to submit a TFWP work permit application while their employer’s LMIA application is still under review. Traditionally, employers were required to receive a positive or neutral LMIA before the worker could apply for a permit under the TFWP.
To qualify for this concurrent processing pathway, applicants must meet two key criteria: the work permit must be set to expire within two weeks or less, and the employer must have already submitted their LMIA request with ample lead time to support the application.
This policy is especially useful given that LMIA processing times can often range between two and three months. The exemption provides temporary workers with a lifeline to remain in the country and continue working legally while their status is under review.
Importantly, if the current work permit expires before the new TFWP permit is issued, the worker may still be covered under Canada’s ‘maintained status’ policy. This means they can continue working under the same conditions as their expired permit, as long as they remain in the country and await a decision on their application.
Under concurrent processing, IRCC grants an additional 60 days for applicants to submit proof that the employer has received a positive or neutral LMIA. Failure to provide this documentation within the 60-day window may result in a refusal of the permit application.
However, Maple News notes that not all TFWP work permit applications are eligible for processing at this time. A moratorium is currently in place for Low-Wage Stream LMIAs under the TFWP in certain regions. This decision was part of a broader government strategy to manage labor market pressures more effectively.
This change reflects IRCC’s ongoing efforts to improve flexibility within the work permit process while ensuring that labor market integrity is maintained. Employers and workers are encouraged to act promptly and follow official guidelines carefully to avoid unnecessary delays or complications with their applications.