Apply for a Canada Work Permit Without LMIA Approval: 2024 Guide

How to Apply for a TFWP Work Permit in Canada Without a Positive LMIA

If you’re currently working in Canada and your status is set to expire soon, you might be feeling the pressure—especially if your employer hasn’t yet received a positive or neutral Labour Market Impact Assessment (LMIA). But here’s the good news: under certain conditions, you may still be eligible to apply for a work permit under the Temporary Foreign Worker Program (TFWP), even before your employer receives the LMIA decision.

This process, known as concurrent processing, can be a real game-changer for foreign workers who want to stay employed legally in Canada without unnecessary gaps in status. Let’s walk through how it works, what the current limitations are, and how to make the most of this opportunity.

Key Highlights

• You may apply for a TFWP work permit before your employer’s LMIA is approved if your current permit expires in two weeks or less.
• Concurrent processing allows you to stay and continue working under maintained status while your application is in review.
• Your employer must have submitted the LMIA with sufficient lead time for your application to be considered.
• A 60-day window is granted to provide proof of the LMIA after applying.
• There’s currently a moratorium on low-wage LMIAs in several major Canadian cities.
• Wage thresholds and job location play a critical role in TFWP eligibility.

What Is Concurrent Processing?

Normally, employers must first receive a positive or neutral LMIA before a foreign worker can apply for a work permit under the TFWP. But Immigration, Refugees and Citizenship Canada (IRCC) recognizes that LMIA processing times can be lengthy—sometimes taking two to three months.

To help workers avoid disruptions, IRCC allows concurrent processing. This means that if your work permit is about to expire (within the next 14 days), and your employer has already submitted an LMIA application, you can apply for your new TFWP work permit without needing to wait for the LMIA decision.

Do You Qualify for This Exception?

To be eligible for concurrent processing, you must meet both of these conditions:

• Your current work permit expires in less than two weeks.
• Your employer submitted their LMIA application with enough notice (i.e., not last-minute).

If accepted, you’ll be granted maintained status, which allows you to continue working legally in Canada under the same conditions as your previous permit while your new application is being assessed.

What Happens After You Apply?

Once your application is submitted through concurrent processing, IRCC gives you an additional 60 days to provide proof that your employer has received either a positive or neutral LMIA. If you can’t provide that documentation within the 60-day window, unfortunately, your application may be refused.

Important Note: Low-Wage LMIA Moratorium

As of now, there’s a temporary pause on processing LMIA applications for low-wage positions under the TFWP in certain parts of Canada. This moratorium affects areas with an unemployment rate of 6% or higher, unless your job falls under an exempt occupation.

Regions Currently Affected by the Moratorium

• St. John’s, NL
• Ottawa-Gatineau, ON/QC
• Belleville – Quinte West, ON
• Oshawa, Toronto, Hamilton, and several other Ontario regions
• Regina, SK
• Lethbridge, Calgary, Red Deer, Edmonton, AB
• Kelowna, Kamloops, Chilliwack, Abbotsford-Mission, Nanaimo, BC

If your job is based in one of these regions and falls under the low-wage stream, your employer won’t be able to apply for an LMIA unless your occupation is exempt.

Wage Requirements for LMIA Approval

For positions under the high-wage stream of the TFWP, the offered wage must meet or exceed the higher of the following:

• The median provincial wage for that job in your province/territory.
• The wage paid to other employees working in the same role and location for your employer.

Additionally, the wage must be higher than the prevailing wage listed in Canada’s Job Bank for your occupation code under the National Occupation Classification (NOC) system.

If you’re unsure which stream your job falls under, make sure to check the NOC and wage data based on your job’s province and duties.

When Should You Use Concurrent Processing?

While concurrent processing can be a helpful backup plan, it’s always best for your employer to secure a positive or neutral LMIA well in advance of your permit’s expiry. IRCC recommends applying for a new permit at least 30 days before your existing one expires.

If your employer isn’t able to get the LMIA in time, that’s when concurrent processing can step in. However, the LMIA must still be submitted with enough lead time. If it’s sent in too close to your permit’s expiry, your application may not qualify for concurrent processing.

Employers also need to meet advertising requirements before submitting an LMIA—usually a minimum of 28 days—so planning ahead is key.

Final Thoughts

For foreign workers in Canada, navigating the LMIA and TFWP process can feel overwhelming—especially when time is tight. But thanks to IRCC’s concurrent processing option, you may be able to keep working while your employer’s LMIA is under review.

That said, timing and preparation are everything. Whether you’re planning ahead or you’re already within the two-week window, it’s worth speaking with an immigration expert to make sure you’re on the right path.

Curious about other Canadian immigration and work permit options? You might also want to explore programs like the Manitoba Provincial Nominee Program (MPNP) for more long-term pathways to staying in Canada.

Need Help with Your Work Permit?

Don’t navigate it alone. Reach out today to speak with a licensed immigration professional who can guide you through the TFWP and LMIA process.

Contact us now for a free consultation or to learn more about your options.