1. The problem: extending a permit while an LMIA is pending
To extend the permit of a foreign worker already in Canada, the employer often has to obtain a Labour Market Impact Assessment (LMIA) first. According to IRCC guidance as reported by Gowling WLG, the worker cannot file the extension without the LMIA decision unless the current permit has less than two weeks of validity left: the worker then includes proof that the employer has already applied for an LMIA that is still pending.
The risk: IRCC may refuse the extension if the LMIA decision is not issued within 90 days of filing. The firm observes that IRCC is applying this guideline more strictly just as LMIA processing times are growing.
2. LMIA processing times have risen sharply
National average published by ESDC, in business days, for LMIAs decided during the month:
| Month (2026) | High-wage stream | Low-wage stream |
|---|---|---|
| March | 59 | 50 |
| April | 64 | 58 |
| May | 64 | 61 |
| June | 79 | 71 |
| July | 88 | 73 |
| August | 90 | 82 |
ESDC publishes the previous month’s averages, not real-time figures: check the processing times page before planning. Ninety business days is about 18 weeks, longer than a 90-calendar-day window.
3. Consequences of a refusal
According to the same analysis, when the extension is refused, maintained status ends and the worker must stop working immediately. The worker may apply for restoration of status within 90 days of the refusal, but cannot work until a new permit is issued. For an LMIA-dependent worker, it is better to have the new LMIA in hand before filing. Another option is to leave Canada and apply for a new permit from abroad once the LMIA is issued.
4. How to prepare
File the LMIA application as early as possible, ideally six months or more before the permit expires, so the decision is in hand when the extension is filed. Review the workers whose permits are about to expire and check whether another LMIA-exempt permit category is possible. Have a contingency plan (operational and immigration) in case of refusal, and remind workers to report any refusal immediately and stop working.
If IRCC announces a temporary measure for these refusals, we will update this article.
Sources: IRCC Help Centre, Gowling WLG and ESDC — LMIA processing times.
See also: Low-wage LMIAs: Montréal remains affected until January 7, 2027 · Official source: ESDC — Hire a temporary foreign worker
Need advice on your situation?
Every file is different. To discuss it with a regulated consultant (RCIC), you can book a 45-minute consultation, contact us or call 514 558-1541.
This article is for information only and does not replace personalized advice. Always check current requirements on the IRCC, ESDC and MIFI websites.