IRCC confirms that a worker may apply before receiving a new LMIA only when the current permit expires in two weeks or less and the employer has submitted a complete LMIA application.
What was announced
IRCC's current guidance says that, in most cases, a worker should wait for a positive Labour Market Impact Assessment before applying to extend an LMIA-required work permit. A worker may submit the extension application while the LMIA is still being processed only if the current permit expires in two weeks or less and the employer has already submitted a complete LMIA application.
The extension application must include proof of a valid job offer and proof that the LMIA request was made. IRCC instructs applicants to provide the LMIA receipt confirmation number or a copy of the submitted application, together with the submission date, receiving office, employer name and confirmation number if available. IRCC will not decide the work permit application until it receives the LMIA decision.
A worker who files a complete extension application before the current permit expires may remain in Canada while IRCC processes it. If the original work-permit conditions are unchanged, the worker may generally continue working under those same conditions after expiry until IRCC makes a decision. Employer-specific permit holders must keep the same employer, job and work location during that period.
What this may mean for applicants
Do not file early without the LMIA simply because the employer has started the process: IRCC's stated exception applies when the permit has two weeks or less remaining and the LMIA application is complete. Workers and employers should plan well before expiry, preserve submission evidence and make sure the extension application accurately reflects the current job and permit conditions.
Official source
IRCC — Extend or change the conditions of your work permitIRCC Help Centre — extending without a new LMIA or CAQ
IRCC — employer guidance for extending a temporary worker's permit