How Some Foreign Workers Get a TFWP Work Permit Without LMIA

*]:pointer-events-auto scroll-mt-[calc(var(--header-height)+min(200px,max(70px,20svh)))]" dir="auto" tabindex="-1" data-turn-id="d4f3deec-beab-44d4-a369-ce1d708aac42" data-testid="conversation-turn-240" data-scroll-anchor="true" data-turn="assistant"> Many foreign workers assume they cannot apply for a work permit under the Temporary Foreign Worker Program (TFWP) without first securing a positive or neutral Labour Market Impact Assessment (LMIA). While this is generally true, there is an important exception that allows certain workers in Canada to submit their TFWP work permit application even if their employer’s LMIA is still being processed.

This option, known as concurrent processing, is permitted by Immigration, Refugees and Citizenship Canada (IRCC) under specific conditions.

If your work permit is about to expire and your employer has already applied for an LMIA, concurrent processing may help you maintain legal work status in Canada.

What Is Concurrent Processing? Under normal circumstances, an employer must receive a positive or neutral LMIA before a foreign worker can apply for a work permit through the TFWP.

However, concurrent processing allows you to submit your work permit application while the LMIA application is still under review — provided certain criteria are met.

To qualify :

Your current work permit must expire in two weeks or less.

Your employer must have already submitted the LMIA application.

You must be physically residing in Canada with valid status at the time of application.

This exception can be especially helpful because LMIA processing times often range between two to three months.

What Happens If Your Permit Expires? If you apply under concurrent processing and your work permit expires while waiting for a decision, you can maintain your work status as long as you remain in Canada.

This means you may continue working under the same conditions listed on your expired permit until IRCC makes a decision on your new TFWP application.

However, IRCC grants only 60 additional days to submit proof that your employer received a positive LMIA. If confirmation is not provided within this period, your work permit application may be refused.

High-Wage vs. Low-Wage LMIA Rules Currently, there is an active moratorium on certain low-wage LMIA applications. This significantly affects employers in specific regions.

If your job falls under the high-wage stream, your employer may apply for an LMIA regardless of location.

To qualify as high-wage, the offered wage must meet at least the greater of:

The provincial or territorial wage threshold.

The wage range paid to employees in similar roles within the organization.

The prevailing wage listed in Canada’s Job Bank under the corresponding NOC code.

Conversely, low-wage LMIA applications cannot be submitted in regions where unemployment is 6% or higher, unless the occupation qualifies for an exemption.

Regions Under the Low-Wage LMIA Moratorium The following census metropolitan areas are currently subject to restrictions:

St. John's

Ottawa-Gatineau

Toronto

Hamilton

London

Windsor

Calgary

Edmonton

Kelowna

Abbotsford-Mission

Additional Ontario, Alberta, Saskatchewan, and British Columbia regions are also affected.

To determine whether your job location is impacted, you can use the Government of Canada’s Census of Population tool by entering your employer’s postal code.

Employer Responsibilities For an LMIA to be approved, employers must generally:

Advertise the position for at least 28 consecutive days before submitting the LMIA application.

Demonstrate efforts to hire Canadian citizens or permanent residents.

Offer wages that meet or exceed prevailing wage standards.

IRCC recommends that employers begin the LMIA process at least 30 days before a worker’s current permit expires. If there is insufficient time, concurrent processing becomes a practical alternative.

Strategic Considerations While concurrent processing provides flexibility, it is not a substitute for securing a strong LMIA application. Employers should still submit complete and timely LMIA applications to reduce the risk of delays or refusal.