IRCC has changed its LMIA concurrent processing guidance for certain in-Canada work permit applications. Officers will now hold eligible applications until Employment and Social Development Canada (ESDC) makes an LMIA decision before making a final work permit determination.
What changed for concurrent processing
IRCC’s Program Delivery Updates state that officers no longer make decisions on work permit applications eligible for concurrent processing until there is a final decision on the Labour Market Impact Assessment (LMIA).
The updated instructions apply to foreign nationals applying for a work permit from within Canada under section R199 who seek concurrent processing. Once the LMIA decision is available, IRCC can make its final determination on the work permit application.
This is an operational processing change. It does not mean that an applicant will receive a work permit once an LMIA decision is made, as officers must still make a final determination on the work permit application.
When an in-Canada application may be held
Under the current guidance, an LMIA is generally required for a complete application when the work permit is not exempt from the LMIA requirement. The instructions set out an exception for certain in-Canada applications so that foreign nationals do not fall out of status while an LMIA decision is pending.
For IRCC to hold an application under this concurrent-processing approach, the applicant must provide proof that their permit expires in two weeks or less, that their prospective employer submitted a complete LMIA application with sufficient lead time for processing, and that no decision has been made on the LMIA application. A Quebec Acceptance Certificate is also required where applicable.
IRCC cautions that employers should not submit an LMIA application immediately before the work permit application and expect concurrent processing. Such requests will be assessed on an exceptional basis.
GCMS tracking and LMIA status information
The instructions also add information about the LMIA statuses officers can view in the Global Case Management System (GCMS). The Decision section can show an LMIA as Positive, Negative, Revoked, Suspended, Closed or Pending.
For concurrent-processing requests, the application will be promoted in GCMS and the processing fee allocated while IRCC waits for the LMIA decision. Applicants who need concurrent processing are encouraged to follow the instructions available to them so that code CPTS2026 appears in the intended occupation field in GCMS.
IRCC says CPTS2026 is for tracking purposes only. An officer’s decision should not be affected by whether the code appears in GCMS.
Why the LMIA decision still matters
The guidance explains that ESDC assesses whether employing the foreign national is likely to have a positive or neutral effect on Canada’s labour market. IRCC officers then assess the work permit application and must be satisfied that the relevant requirements are met.
Officers are instructed to confirm that the LMIA was valid when IRCC received the initial work permit application and that it has not been changed or suspended. The LMIA validity date is the deadline for submitting the work permit application; it does not limit the time IRCC or the Canada Border Services Agency may need to process an application after submission.
Source: IRCC Program Delivery Updates