Can You Extend Your Work Permit While Your LMIA Is Still Pending? IRCC Clarifies Rules on Maintained Status and Work Permit Validity

Generally, applicants seeking an LMIA-based work permit must provide an approved LMIA as part of their application. However, foreign workers applying from within Canada may be permitted to submit a work permit extension application before receiving an LMIA decision, provided certain conditions are met.

According to IRCC, the main conditions include:

• The applicant’s current work permit will expire within two weeks.
• The employer has already submitted a complete LMIA application.
• The LMIA application was submitted sufficiently in advance, taking into account normal processing times.
• A decision on the LMIA application is still pending.

When these conditions are met, IRCC may hold the work permit application pending the LMIA decision and proceed with the assessment once the LMIA result becomes available.

However, if an employer submits an LMIA application shortly before the worker’s current work permit expires, the same consideration may not be granted. IRCC assesses such circumstances on a case-by-case basis.

For this reason, foreign workers and employers should begin preparing for LMIA applications and work permit extensions well before the current work permit expires.

If a foreign worker submits a valid work permit extension application before their current work permit expires, they may be allowed to remain in Canada and continue working under certain conditions while awaiting a decision. This is known as maintained status.

For workers holding employer-specific work permits, maintained status generally allows them to continue working under the same conditions as their previous work permit, including the same employer, occupation, and work location.

However, eligibility for maintained status depends on meeting the applicable requirements, including submitting the extension application on time. Having an LMIA application in progress does not, by itself, automatically extend a worker’s authorization to work in Canada.

Another important point clarified in IRCC’s guidelines concerns how the validity period of a new work permit is calculated. When a foreign worker continues working for the same employer under maintained status, the validity period of the new work permit is generally calculated from the expiry date of the previous work permit, rather than from the date the new application is approved.

For example:

• Duration of employment authorized by the new LMIA: 12 months
• Time already worked under maintained status after the previous work permit expired: 3 months
• Remaining validity of the newly issued work permit: 9 months

In this example, although the LMIA authorizes 12 months of employment, the worker has already worked for three months under maintained status. As a result, the newly issued work permit would generally be valid for the remaining nine months. In other words, the worker does not automatically receive a new 12-month period starting from the date the work permit is approved.

This approach helps ensure that the total period of authorized employment does not exceed the duration supported by the LMIA.

LMIA processing can take time, and some foreign workers may find that their current work permits are approaching expiry while their employers are still waiting for an LMIA decision.

Even when a worker is eligible to continue working under maintained status, the time spent working during that period may count toward the employment duration authorized by the new LMIA. As a result, the newly issued work permit may have a shorter remaining validity period than expected, potentially requiring another extension sooner than anticipated.

Foreign workers planning to extend their work permits should review their current permit expiry dates, the status of their employers’ LMIA applications, and their anticipated employment periods well in advance.

At Shiraishi Visa JP Canada, we assist both employers and foreign workers with LMIA applications and work permit applications, including extensions. If your work permit is approaching expiry or you are unsure how a pending LMIA application may affect your immigration status, please contact us to discuss your options.

This article is a summary prepared by Shiraishi Visa JP Canada based on official information from the Government of Canada, organized for clarity and ease of understanding.
Source: Labour Market Impact Assessment Review – Temporary Foreign Worker Program

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