What changed on August 21
IRCC updated its instructions to extend the grace period for work permit extension applications that need concurrent processing from 60 days to 90 days. Under section R199, to avoid people falling out of status, IRCC allows 90 days from the date of submission for the applicant to provide a positive labour market impact assessment (LMIA), and a Quebec Acceptance Certificate (CAQ) if required. IRCC also added a client process that lets applicants identify that their application needs concurrent processing.
This is a time window for supplying a missing document. It is not an exemption from the LMIA or CAQ requirement. Applications are held for 90 days, after which a final determination on the work permit is made.
Who can use concurrent processing
- The applicant applies from inside Canada under section R199.
- The applicant can show that their work permit expires in two weeks or less.
- The employer has submitted a complete LMIA application (and a CAQ application where Quebec requires one) early enough, compared with the published processing times, for a decision to be made.
- No decision has yet been made on the LMIA application.
IRCC warns that employers should not submit an LMIA application immediately before the work permit application and expect it to be held; such requests are assessed on an exceptional basis.
How to flag the application
IRCC tells online applicants who do not yet have the LMIA or CAQ to type the code CPTS2026 in the Job Title field of the work permit extension form (IMM 5710). Include proof of a valid job offer and proof that the employer applied for the LMIA: the LMIA receipt confirmation number for an online application, or a copy of the application sent to Service Canada or to Quebec's immigration ministry for a paper application. In the Details of intended work in Canada section, give the date the LMIA or CAQ request was sent, the office it was sent to, the employer's name and the confirmation number if available.
IRCC says the code is for tracking only, and the officer's decision should not depend on whether it appears.
What the 90-day rule does not change
Concurrent processing is an exceptional measure. For work permit extensions, IRCC's general advice is to wait for the positive LMIA before applying in most cases. To keep your status, the extension application must be received before your current work permit expires. For online applications, IRCC uses Coordinated Universal Time (UTC) to decide the date received.