RCIC News. 
Emergency work permit options when LMIA delays threaten your legal status
On This Page You Will Find:
- Emergency work permit options when your status expires in 14 days
- How to legally work while waiting for your employer's LMIA approval
- 23 Canadian regions where low-wage workers face new restrictions
- Step-by-step concurrent processing requirements and deadlines
- Wage thresholds that determine your eligibility stream
Summary:
Thousands of foreign workers face a terrifying countdown: their work permits expire in days, but their employer's LMIA approval is still weeks away. If this sounds familiar, there's hope. Canada's concurrent processing system allows you to apply for a new work permit before your employer receives their positive LMIA - but only if you meet strict timing requirements. You'll get maintained status to keep working legally, plus an additional 60 days to submit the final LMIA proof. However, 23 major Canadian regions now block low-wage LMIA applications entirely, making this pathway even more critical for eligible workers.
🔑 Key Takeaways:
- You can apply for a TFWP work permit without a completed LMIA if your current permit expires within 14 days
- Maintained status lets you keep working legally while your application processes
- You get an extra 60 days after applying to submit your employer's positive LMIA
- 23 Canadian regions now restrict low-wage LMIA processing due to high unemployment
- Your employer must have applied for the LMIA with "sufficient lead time" - not at the last minute
Maria Santos knew she was in trouble when she checked her work permit expiration date: February 15th. It was already February 1st, and her employer's LMIA application was still "under review" with no end in sight. As a marketing coordinator in Toronto earning $28 per hour, she couldn't afford to stop working - but she also couldn't risk working illegally in Canada.
Sound familiar? You're not alone. Processing delays for Labour Market Impact Assessments can stretch 8-12 weeks, leaving thousands of foreign workers in limbo as their legal status ticks toward expiration.
Here's what most people don't know: you might not need to wait.
What Is Concurrent Processing for Work Permits?
Concurrent processing is Immigration, Refugee and Citizenship Canada's (IRCC) solution for workers caught in the LMIA timing crunch. Instead of requiring your employer to have a positive LMIA certificate in hand before you apply, this system lets you submit your work permit application while the LMIA is still being processed.
Think of it as a legal bridge that keeps you working while the bureaucratic wheels turn.
The catch? You must meet very specific timing requirements, and the rules have become more restrictive in 2024.
Who Qualifies for Emergency Work Permit Processing?
To use concurrent processing, you must check both boxes:
1. Your current work permit expires in 14 days or less
This isn't 15 days or 20 days - it's exactly 14 calendar days or fewer. IRCC is strict about this timeline.
2. Your employer submitted their LMIA application with "sufficient lead time"
This is where it gets tricky. IRCC doesn't define exactly what "sufficient lead time" means, but immigration lawyers generally recommend employers apply for LMIAs at least 60-90 days before the worker's permit expires.
If your employer waited until the last week to submit their LMIA application, you'll likely be denied concurrent processing.
The 60-Day Safety Net (And What Happens If You Miss It)
Once you submit your concurrent processing application, IRCC gives you an additional 60 days to provide proof of your employer's positive or neutral LMIA decision.
This 60-day clock starts ticking from the date IRCC receives your work permit application, not from when your current permit expires.
What happens if you can't provide the LMIA proof within 60 days?
Your work permit application gets refused. No extensions, no second chances.
But here's the silver lining: if you stay in Canada throughout this process, you'll have maintained status. This means you can legally continue working under the conditions of your expired permit while your application is being processed.
The Low-Wage LMIA Freeze: 23 Regions Now Off-Limits
Here's where things get complicated for many workers. Canada has implemented a moratorium on low-wage LMIA processing in regions with unemployment rates of 6% or higher.
If your job pays below the provincial median wage, your employer cannot get an LMIA if you work in these 23 regions:
Ontario (12 regions affected):
- Ottawa-Gatineau
- Belleville - Quinte West
- Oshawa
- Toronto
- Hamilton
- St. Catharines-Niagara
- Kitchener-Cambridge-Waterloo
- Brantford
- Guelph
- London
- Windsor
- Barrie
- Greater Sudbury
Alberta (4 regions affected):
- Lethbridge
- Calgary
- Red Deer
- Edmonton
British Columbia (5 regions affected):
- Kelowna
- Kamloops
- Chilliwack
- Abbotsford-Mission
- Nanaimo
Other provinces:
- St. John's, Newfoundland and Labrador
- Regina, Saskatchewan
💡 Pro tip: Use the government's Census of Population website to check if your job's postal code falls within a restricted region.
High-Wage vs. Low-Wage: Which Stream Are You In?
Your wage determines which TFWP stream applies to you, and this directly affects whether your employer can even apply for an LMIA.
You're in the high-wage stream if your job pays the greater of:
- Your province's median hourly wage, OR
- The wage range paid to other employees in the same role, same company, same location, with similar experience
Plus, your wage must exceed the prevailing wage listed in Canada's Job Bank for your occupation and region.
For example, if you're a software developer in Toronto, you'd need to earn more than approximately $32 per hour to qualify for high-wage processing (this threshold changes annually).
High-wage positions can get LMIAs regardless of regional unemployment rates.
Strategic Timing: When to Use Concurrent Processing
Immigration lawyers recommend this hierarchy for timing your application:
Best case scenario: Your employer gets the positive LMIA 30+ days before your permit expires, giving you plenty of time for a standard application.
Good scenario: Your employer gets the LMIA 14-29 days before expiration. You can still do a regular application, but timing is tight.
Emergency scenario: Your permit expires in 14 days or less, but your employer applied for the LMIA at least 60 days ago. This is when concurrent processing becomes your lifeline.
Worst case scenario: Your employer applied for the LMIA less than 30 days before your permit expires. Concurrent processing is unlikely to be approved unless you can demonstrate exceptional circumstances.
The Application Process: Step by Step
Step 1: Confirm your eligibility
- Verify your permit expires in 14 days or less
- Confirm your employer submitted the LMIA application with sufficient lead time
- Ensure you're currently in Canada with valid work status
Step 2: Gather your documents
- Current work permit
- Employer's LMIA application receipt/confirmation
- Job offer letter showing wage and position details
- Proof of your current employment
Step 3: Submit your work permit application
- Apply through the IRCC online portal
- Clearly indicate you're applying under concurrent processing
- Include a letter explaining your timing situation
Step 4: Monitor your 60-day deadline
- Track when IRCC receives your application
- Stay in contact with your employer about LMIA processing
- Prepare to submit the positive LMIA immediately when received
Common Mistakes That Kill Applications
Mistake #1: Waiting too long to apply Some workers think they should wait until the very last day. Don't. Apply as soon as you're within the 14-day window.
Mistake #2: Employer applies for LMIA too late If your employer submits their LMIA application just days before your permit expires, IRCC will likely refuse concurrent processing.
Mistake #3: Not understanding wage thresholds Many workers assume they're in the high-wage stream when they're actually low-wage, only to discover their employer can't get an LMIA in their region.
Mistake #4: Missing the 60-day LMIA submission deadline This deadline is firm. If your employer's LMIA is still processing after 60 days, your work permit application gets refused.
What This Means for Your Career and Family
For workers like Maria, concurrent processing can be the difference between maintaining legal status in Canada and facing deportation. It provides peace of mind during a stressful transition period and allows families to stay together while navigating immigration processes.
However, the new regional restrictions mean some workers may need to consider relocating to unrestricted areas or finding employers willing to pay high-wage stream salaries.
The bottom line: if you're facing work permit expiration with an LMIA still in process, concurrent processing might be your best option - but timing and wage thresholds are everything. Don't wait until the last minute to explore your options, and make sure your employer understands the importance of applying for LMIAs well in advance.
Remember, immigration rules change frequently, and your specific situation may have unique factors that affect your eligibility. When in doubt, consult with a qualified immigration lawyer who can review your case and provide personalized guidance.
FAQ
Q: What exactly is the 60-day rule for work permits without LMIA, and how does it work?
The 60-day rule is part of Canada's concurrent processing system that allows foreign workers to apply for a new work permit before their employer receives a positive LMIA decision. Here's how it works: once you submit your work permit application (while your current permit expires within 14 days), IRCC gives you exactly 60 days to provide proof of your employer's positive or neutral LMIA decision. This 60-day countdown starts from when IRCC receives your application, not from your permit expiration date. During this period, you maintain legal status and can continue working under your expired permit conditions. If you can't provide the LMIA proof within these 60 days, your application gets automatically refused with no extensions possible. This system essentially creates a legal bridge, allowing you to keep working while bureaucratic processes complete, but with strict deadlines that must be met.
Q: Can I apply for concurrent processing if my work permit expires in 15 or 20 days?
No, you cannot apply for concurrent processing if your work permit expires in more than 14 days. IRCC is extremely strict about this 14-day deadline - it must be exactly 14 calendar days or fewer, not 15, 16, or 20 days. This timing requirement is non-negotiable and serves as the primary eligibility criterion for emergency processing. If your permit expires in 15+ days, you'll need to wait until you're within the 14-day window to apply. However, don't wait until the very last day - immigration lawyers recommend applying as soon as you enter the 14-day window to allow processing time. Additionally, your employer must have submitted their LMIA application with "sufficient lead time" (typically 60-90 days before your permit expires) to demonstrate they didn't create this emergency situation through poor planning. If you're outside the 14-day window, consider pursuing a standard work permit application instead.
Q: Which Canadian regions are affected by the low-wage LMIA restrictions, and what wages qualify as "low-wage"?
Twenty-three Canadian regions with unemployment rates of 6% or higher have moratoriums on low-wage LMIA processing. These include 12 Ontario regions (Toronto, Ottawa, Hamilton, London, Windsor, and others), 4 Alberta regions (Calgary, Edmonton, Lethbridge, Red Deer), 5 BC regions (Vancouver metro areas, Kelowna, Kamloops), plus St. John's and Regina. You're considered "low-wage" if your job pays below your province's median hourly wage. For example, in Ontario, this threshold is approximately $28-30 per hour, while BC's is around $26-28 per hour (rates update annually). To qualify for high-wage stream processing, your salary must exceed both the provincial median wage AND the prevailing wage for your occupation in Canada's Job Bank. High-wage positions can still get LMIAs regardless of regional unemployment rates. If you're a low-wage worker in these restricted regions, your employer cannot obtain an LMIA, making concurrent processing impossible unless you can secure a higher-paying position that meets high-wage thresholds.
Q: What happens if my employer applied for the LMIA too late - can I still use concurrent processing?
Unfortunately, if your employer applied for the LMIA without "sufficient lead time," your concurrent processing application will likely be refused, even if you meet the 14-day deadline. While IRCC doesn't define exact timelines, immigration lawyers recommend employers submit LMIA applications 60-90 days before the worker's permit expires. If your employer waited until just weeks or days before your expiration to apply, IRCC considers this poor planning rather than an emergency situation. You can still attempt concurrent processing if you're within 14 days of expiration, but you'll need to provide compelling evidence of exceptional circumstances that prevented earlier application. Examples might include unexpected business changes, urgent project needs, or other factors beyond your employer's control. However, success rates are significantly lower in these cases. The best strategy is ensuring your employer understands LMIA processing times (8-12 weeks typically) and applies well in advance. If your employer applied too late, you may need to consider leaving Canada and applying from abroad, or exploring other immigration pathways.
Q: If I miss the 60-day deadline to submit my employer's positive LMIA, what are my options?
Missing the 60-day LMIA submission deadline results in automatic refusal of your work permit application with no extensions or appeals possible. However, you do have several options depending on your situation. First, if you maintained legal status throughout the process, you won't be considered illegally present in Canada, which protects your future immigration prospects. You can apply for a visitor record to remain in Canada temporarily while exploring alternatives. Second, if your employer eventually receives a positive LMIA, you can submit a new work permit application from within Canada (though you cannot work during processing without maintained status). Third, you might consider applying from outside Canada once the LMIA is approved, though this requires leaving the country. Fourth, explore alternative immigration pathways like Provincial Nominee Programs, Canadian Experience Class, or other work permit categories that don't require LMIAs. Finally, if you have a spouse or common-law partner who's eligible for a work or study permit, you might qualify for an open work permit. Consult an immigration lawyer immediately to assess which option best fits your circumstances and timeline.
Q: How do I prove that my employer applied for the LMIA with "sufficient lead time" when submitting my concurrent processing application?
To demonstrate sufficient lead time, include your employer's LMIA application confirmation receipt showing the submission date, along with your current work permit showing the expiration date. The gap between these dates should ideally be 60+ days. Additionally, provide a detailed letter from your employer explaining when they initiated the LMIA process and any supporting documentation like email correspondence with Employment and Social Development Canada (ESDC), legal counsel communications, or internal planning documents. Include your job offer letter and employment contract showing when your role was confirmed, demonstrating the employer had advance notice of the need for LMIA renewal. If there were exceptional circumstances causing delays (like unexpected business changes, urgent project requirements, or ESDC processing delays), document these thoroughly with supporting evidence. Some immigration lawyers recommend including a statutory declaration from your employer's HR representative or legal counsel explaining the timeline and circumstances. Remember, IRCC officers have discretion in evaluating what constitutes "sufficient lead time," so comprehensive documentation strengthening your case is crucial for approval.
Q: Can I travel outside Canada while my concurrent processing work permit application is being reviewed?
Traveling outside Canada during concurrent processing is extremely risky and generally not recommended. While you have maintained status allowing you to work legally, this status only applies within Canada. If you leave the country, you may face significant challenges returning, especially if your original work permit has expired. Border officers might not recognize your maintained status or pending application as sufficient grounds for re-entry. If you absolutely must travel for emergencies, ensure you have comprehensive documentation including your pending application receipt, proof of maintained status, employer support letter, and evidence of ties to Canada. However, there's no guarantee of re-entry. Some immigration lawyers advise obtaining a Temporary Resident Visa (if required for your nationality) before traveling, though processing times may exceed your travel timeline. The safest approach is avoiding international travel until your new work permit is approved. If travel is unavoidable, consult an immigration lawyer beforehand to assess risks and prepare proper documentation. Consider whether the travel is worth potentially jeopardizing your legal status and employment in Canada, as refused re-entry could result in job loss and immigration complications.
