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Canada Immigration Updates

Canada Updates Processing Guidance for Work Permit Extensions Awaiting LMIA Decisions

Immigration, Refugees and Citizenship Canada (IRCC) announced updated guidance on October 28, 2026, confirming that eligible work permit applications will be held until a final Labour Market Impact Assessment (LMIA) decision is made. This provides flexibility for workers awaiting an LMIA, but employers should continue filing applications as early as possible.

Key Points

• Pending LMIA Decisions: IRCC will hold eligible applications until the LMIA receives a final decision. This means waiting for an outcome, rather than a guaranteed approval.
• Eligibility Requirements: Concurrent processing applies to qualifying applications submitted from within Canada when the current permit expires in two weeks or less. The employer must have submitted a complete LMIA application that remains undecided.
• Supporting Documents: Applicants must provide evidence of a valid job offer and the LMIA submission. Required details include the submission date, receiving office, employer’s name and confirmation number, if available.

What Employers Need to Know

• File LMIAs Early: Employers must allow sufficient lead time based on published LMIA processing times. Simply submitting the LMIA before the work permit application does not ensure eligibility.
• Avoid Last-Minute Filings: IRCC cautions against filing an LMIA immediately before requesting a work permit extension. Such concurrent processing requests will receive consideration only on an exceptional basis.
• Coordinate Required Documents: Workers should retain proof of the LMIA filing for their extension applications. Where a Quebec Acceptance Certificate (CAQ) is required, it must also be requested before the work permit extension application.

Looking Ahead

• Plan for Continued Waiting: The revised approach allows eligible applications to remain pending during LMIA processing. Employers should still account for that waiting period when planning staffing.
• Provide Missing Documents: Applicants should submit the LMIA or CAQ through IRCC’s web form once available. IRCC needs the required documents to finalize the application and issue the permit.
• Approval Remains Separate: A positive LMIA does not automatically result in a work permit. IRCC must still assess the applicant’s eligibility and other applicable requirements.

The updated guidance provides additional flexibility for eligible workers whose permits are nearing expiry while an LMIA remains pending. Employers and workers should nevertheless begin preparations early, document their submissions and coordinate filing dates carefully.

Learning French to Improve Prospects for Canadian Permanent Residence

Learning French can improve a skilled worker’s chances of receiving an invitation to apply for Canadian permanent residence through Express Entry. On October 27, 2026, Immigration, Refugees and Citizenship Canada (IRCC) invited 5,000 French-speaking candidates, with a minimum Comprehensive Ranking System (CRS) score of 407. The draw brought the reported total for 2026 to 60,500 invitations across 12 French-language draws, highlighting the potential value of French proficiency for applicants and employers planning for their long-term workforce needs.

Key Points

• Additional CRS Points: Candidates with French proficiency of Niveaux de compétence linguistique canadiens (NCLC) 7 or higher in all four abilities can receive 25 additional CRS points if their English is Canadian Language Benchmarks (CLB) 4 or lower, or they have not taken an English test. The bonus increases to 50 points if they also achieve CLB 5 or higher in all four English abilities.
• Dedicated French-Language Draws: Eligible French-speaking candidates can receive invitations through draws specifically targeting French-language proficiency. These draws can have lower CRS cutoffs than general draws, although the required score varies and French proficiency does not guarantee an invitation.
• Express Entry Eligibility: Candidates must qualify for the Federal Skilled Worker Program, Canadian Experience Class, or Federal Skilled Trades Program before entering the Express Entry pool. They must also meet the applicable draw requirements and intend to settle outside Quebec, which operates its own immigration selection system.
• Required French Testing: Candidates must demonstrate at least NCLC 7 in reading, writing, listening, and speaking through TEF Canada or TCF Canada to qualify for the French-language category. An English test is not required for this category, but strong English results can increase their CRS score.

What Employers Need to Know

• Language Training as Workforce Planning: Employers supporting workers who seek Canadian permanent residence should consider whether French instruction and approved language testing could strengthen those workers’ Express Entry profiles. The potential benefit depends on each worker’s program eligibility, current language abilities, and overall CRS score.
• Francophone Mobility Work Permits: Francophone Mobility may allow employers to hire eligible French-speaking workers outside Quebec without a Labour Market Impact Assessment. Applicants generally need an eligible job offer, French speaking and listening skills equivalent to NCLC 5 or higher, and compliance with the general work permit requirements, making this a possible option before reaching the NCLC 7 Express Entry category threshold.
• Employer Participation: For Francophone Mobility, employers must submit the employment offer through IRCC’s Employer Portal using exemption code C16, pay the employer compliance fee, and provide the worker with the offer number. Employment must be outside Quebec, and offers for primary agriculture occupations in TEER categories 4 and 5 are excluded.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.