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Labour Market Impact Assessment Review – Temporary Foreign

IRCC’s work permit instructions say that certain in-Canada applicants may have up to 90 days to provide a positive Labour Market Impact Assessment (LMIA) after submitting their application, provided they meet the conditions for concurrent processing.

Concurrent processing for certain in-Canada applications

An LMIA is generally required to make a work permit application complete when no LMIA exemption applies. However, IRCC may allow an applicant applying in Canada to provide a positive LMIA after submission to help prevent them from falling out of status.

To qualify for this approach, the applicant must provide proof that their work permit expires in two weeks or less, that the prospective employer submitted a complete LMIA application with sufficient lead time for processing, and that no LMIA decision has been made.

IRCC may hold these applications for 90 days before making a final determination on the work permit application. Employers should not submit an LMIA application immediately before the work permit application and expect concurrent processing; such requests are assessed exceptionally.

LMIA validity and work permit decisions

Officers reviewing an LMIA-supported work permit application must confirm that the LMIA was valid when the initial application was received and that it has not been changed or suspended. Applications received after the LMIA validity date should be refused.

The LMIA validity date is separate from the approved duration of employment. A work permit cannot be issued for longer than the employment duration specified in the LMIA, and passport validity can result in a shorter work permit.

What officers assess with an LMIA-supported application

ESDC assesses the labour-market effect of the occupation identified by the employer. IRCC and CBSA assess the foreign national applying for the work permit, including whether the applicant meets the employment requirements identified in the LMIA and the relevant occupation.

The LMIA’s occupation code is selected by ESDC based on the employer’s stated duties and employment requirements. Officers also review information such as the approved number of positions, wages, duties, employment requirements and any ESDC comments in GCMS.

Frequently Asked Questions

Does the CPTS2026 code determine whether concurrent processing will be approved?

No. IRCC encourages applicants who need concurrent processing to follow the available instructions so that CPTS2026 appears in the intended occupation field, but the code is for tracking only and should not affect the officer’s decision.

Source: Official IRCC announcement