Foreign workers in Canada facing work permit expiration can navigate the process without an LMIA through the Temporary Foreign Worker Program (TFWP). This option is beneficial for those whose employers are awaiting an LMIA, which can take several months to obtain.

Under Immigration, Refugee, and Citizenship Canada’s (IRCC) concurrent processing measures, applicants can submit a work permit application through the TFWP while their employer’s LMIA application is pending. Typically, a positive or neutral LMIA is required before applying for a work permit, but exceptions exist under specific circumstances.

To qualify for this exception, the applicant’s work permit must be expiring within two weeks, and the employer must have submitted the LMIA application in advance. If the existing work permit expires before the new TFWP permit is issued, maintained status allows the applicant to continue working until the new permit is processed.

Concurrent processing also provides an additional 60-day window to submit proof of the employer’s positive LMIA receipt. Failure to provide this proof within the specified period may result in application rejection.

Low-wage LMIA Moratorium

Currently, there is a moratorium on processing LMIAs under the low-wage stream of the TFWP. Employers in the high-wage stream can still apply for an LMIA regardless of the job location.

For jobs in the low-wage stream, LMIA applications are restricted in regions with an unemployment rate of 6% or higher, unless the job falls under exempt occupations.

Wage Thresholds

High-wage stream positions must meet specific wage thresholds based on provincial standards or internal employer salary ranges. Understanding these thresholds is crucial for successful work permit applications.