Can I Work While Waiting for LMIA in Canada?

Trying to figure out if you can work while waiting for LMIA in Canada? You’re not alone. Lots of people find this part of the immigration process confusing and stressful. Basically, if your work permit is about to expire and your employer has applied for an LMIA, you might be wondering if you can keep working or if you need to stop until everything is approved. The rules can get a bit tricky, so it’s important to know what your current status allows and what risks you might face if you work without the right permission.

Understanding LMIA and Its Role in Canadian Work Permits

What Is an LMIA and Why Is It Required?

A Labor Market Impact Assessment (LMIA) is basically a document from the Canadian government that tells employers, “Hey, you’ve checked and you really do need to hire a foreign worker because no one local is available for this job.” It’s not just some hoop to jump through — it’s supposed to protect the Canadian workforce. Employers must usually show proof they’ve tried hiring locally before bringing in someone from abroad. For many jobs, not having an LMIA makes it almost impossible for a foreign worker to get a regular work permit.

Who Needs an LMIA for Employment?

Not everyone coming to Canada for work goes through the LMIA process, but many do. Here’s a quick breakdown:

• LMIA is needed: For most employer-specific work permits (closed permits) outside special government programs.
• LMIA-exempt: Some workers, like folks coming under international agreements (think NAFTA or CUSMA), intra-company transfers, or those taking part in certain working holiday or open work permit programs.
• Special cases: Caregivers, agricultural workers, and live-in support staff often still require an LMIA unless they have special program status.

If you aren’t sure which category you fall into, it’s worth double-checking — because the consequences of working without proper authorization can be serious.

How an LMIA Affects Your Work Authorization

An LMIA doesn’t automatically mean you can work in Canada — think of it as step one. The process usually goes like this:

1. Employer applies for and (hopefully) receives an LMIA.
2. With a positive LMIA, the worker applies for a work permit.
3. Only once the permit is granted can you legally start (or continue) working for that employer.

Step	Responsibility	Outcome
1. Employer applies	Employer	LMIA issued or refused
2. Worker applies	Foreign worker	Work permit approved or denied
3. Worker starts work	Foreign worker/employer	Legal employment if permit is granted

Many people think an LMIA by itself is enough to get started, but that’s not the case. It just opens the door for the work permit application — and only with the right permit can you legally work.

So, if you’re sitting at home wondering if this all applies to you, the rule of thumb is: If your job offer says you need an LMIA, you probably do. And if you try to skip this step, working in Canada will be much riskier.

Eligibility to Work While Waiting for LMIA Approval

So, you’ve submitted your LMIA application and are stuck in that weird spot, wondering if you can keep working in Canada or not. It’s confusing, especially with so many rules changing all the time. Let’s break it down and see what you actually can do while you wait for approval.

When Can You Legally Continue Working?

You cannot automatically keep working just because your LMIA is in process. Your ability to work depends mostly on your current permit and status. Here are the common situations:

• If your current work permit is still valid: You can keep working until it expires, but only under its existing conditions (like the employer and location).
• If you apply to extend your work permit before it expires: You may get what’s called “maintained status” (sometimes called implied status), letting you keep working under the same terms until a decision is made.
• If your permit expires before you apply to extend or if you never had one: You can’t legally work while waiting for the LMIA.

There’s a lot of confusion out there, but having an LMIA application in the queue isn’t enough to let you work. You need a valid status or special permission.

The Concept of Maintained (Implied) Status

Maintained status is a lifeline for people whose work permits are close to expiring. Here’s how it works:

• You must apply for a work permit extension before your current permit expires.
• Maintained status lets you stay and work in Canada under your old permit’s restrictions while your new application is being processed. This includes working only for the same employer and in the same job described on your original permit.
• If you applied too late (even by a day), you lose this status and have to stop working.

Here’s a quick comparison:

Scenario	Can You Work While Waiting?
Existing work permit, applied for extension early	Yes, under old conditions
Permit expired, but applied late	No
No work permit, LMIA under process	No

Risks of Working Without Proper Authorization

Getting caught working without the right authorization is a big deal in Canada. The fallout can be long lasting, so here’s what you might face:

• Losing your chance at future permits or immigration streams
• Removal from Canada (deportation)
• Bans that stop you from returning for several years
• Loss of maintained status if you break any permit rules

The safest approach is to always check your work permit and status before you clock in for another shift. Mistakes are costly, and Canadian immigration doesn’t usually give second chances for these kinds of errors.

• Double-check your permit dates and application timeline
• Don’t start working under a new employer until you get the new permit
• Keep copies of all your applications and receipts, just in case you’re ever asked to show proof

If you’re ever really unsure, it’s smart to talk to a licensed immigration consultant or lawyer, even if it’s for one session. Knowing where you stand can save a lot of headaches later.

Applying for a Work Permit Before LMIA Approval

When you’re in Canada and your work permit is running out, but your LMIA application is still in process, you might be wondering if you can apply for a new work permit without the LMIA approval in hand. The short answer: yes, you can—but there are some steps you need to follow.

Submitting Your Work Permit Application Early

You don’t actually have to wait for that official LMIA approval letter to submit your work permit extension or new application. As long as your current work permit is about to expire—usually within two weeks—you can go ahead and apply. You’ll need to include proof that your employer has submitted the LMIA request to Service Canada.

What counts as proof? You can use any of these:

• A copy of the LMIA application submitted
• An email or receipt confirming your LMIA application was received
• Details in your work permit application: the date the LMIA was sent, your employer’s info, and the LMIA confirmation number if you have it

If your work permit is almost expired and you’re panicking about the LMIA, don’t wait—apply and attach all the evidence you have about the pending LMIA application. It’s better to have your name in the system than risk falling out of status.

Supporting Documents Needed for Your Application

Getting all your documents together is key, especially when your LMIA isn’t approved yet. Here’s what you’ll want to include with your application:

1. Proof of a valid job offer (job contract, offer letter, or employer support)
2. Evidence your LMIA request is submitted (receipts, email confirmations)
3. A cover letter explaining your situation (not strictly required, but it helps)
4. Other required immigration forms and your current/expired work permit copy

If you’re filling in the work permit application, make sure to mention:

• The date the LMIA request was sent
• The office it went to
• Your employer’s name
• Any confirmation or file number you can provide

Updating Your Work Permit Application After LMIA Approval

When the LMIA finally comes through, that’s not the end—you need to update your pending work permit application. Immigration Canada usually gives you 60 days from when your application was received to submit the LMIA approval document. If it’s not uploaded in time, your application could get refused.

What you should do:

• As soon as the LMIA is approved, upload the decision letter to your Immigration Canada account
• Double-check your application for any requests for more information (watch your email and account!): these can come at any point
• Make sure all your documents match—the employer information, job title, and terms must be consistent with your LMIA and job offer

Timing Step	Action Needed
Applying before LMIA	Attach proof of LMIA application
After LMIA approval	Upload approved LMIA letter within 60 days
If asked for more info	Respond ASAP with clear, organized documents

It can feel overwhelming and the uncertainty is stressful, but as long as you keep organized records and update Immigration Canada promptly, your application should stay on track. This way, you avoid gaps in status and keep your work authorization process moving forward.

Employer Restrictions During the LMIA Waiting Period

When you’re in the middle of waiting for an LMIA approval, the rules about where and for whom you can work get pretty strict. If you apply for an employer-specific work permit, you can only work for the employer listed on your LMIA application, and only in the role stated. Even if your permit is expired, as long as you have applied for a new one before it runs out (and you’re under what’s called maintained status), you must stick to that employer. Switching jobs or taking a side gig elsewhere isn’t legal.

• Only the employer named on your LMIA application can legally keep you on their payroll.
• Any duties outside the job listed on your application, including moonlighting or switching locations, could lead to problems with immigration authorities.
• You’ll need to wait until your new permit is issued or officially change employers before considering other roles.

You have to keep working only for the employer named on your work permit — no side jobs or employer switches until your status changes.

Let’s say your situation changes and you want to work for a new employer while your LMIA is in process. It isn’t as simple as just accepting a new offer. Here’s what you need to know:

1. You must apply for a new LMIA (or get the new employer to start the process).
2. Submit a fresh work permit application showing details for the new position.
3. Stop working for your current employer if your permit is employer-specific and you haven’t yet received authorization for the change.

Unfortunately, if you’re in between LMIAs, you can’t work for another employer until the new paperwork is sorted out.

There’s a lot of pressure, especially if you’re supporting yourself or your family, but the risks aren’t worth it. Here’s what could happen if you bend or break the rules while waiting for an LMIA:

Violation Type	Possible Outcome
Working without authorization	Inadmissibility, permit refusal
Working for the wrong employer	Loss of maintained status, removal risk
Giving false info	Long-term ban from Canada

• Immigration officers take violations seriously and keep records for future applications.
• Employers can face penalties too (like being banned from hiring temporary foreign workers or hefty fines), and they must provide safe and fair working conditions. For more information on these employer obligations, see the details about temporary foreign worker program rules.
• If you lose status because of non-compliance, it can be tough to get back on track in Canada.

To sum it up, don’t take shortcuts. Waiting out the LMIA process can be stressful, but sticking to your employer, job, and work permit conditions will save you a lot of future headaches and possible bans from working in Canada.

Maintained Status and Its Impact on Work Authorization

When you apply for a work permit extension before your current permit expires, you fall under what’s called maintained status—something most people still call “implied status.” This means you can keep living and working in Canada, but only under specific rules and for a limited time. Let’s break down exactly what this means for folks waiting on LMIA and work permit decisions.

How Maintained Status Is Granted

Maintained status kicks in when:

• You submit an application to extend your work permit before your current permit expires.
• You remain in Canada while waiting for a decision.
• You keep following the conditions of your previous permit (so same employer, same job type, same location, etc.).

Here’s a simple outline of the process:

1. Send in your application to IRCC before your current permit’s expiry.
2. Stay in Canada while your application is being processed.
3. Hang on to all your proof (receipt, screenshots, application files).

If you leave Canada while on maintained status, you can’t work until you get a new permit approval.

What You Can and Cannot Do on Maintained Status

While on maintained status, your rights depend on what you had before:

• If you were on an employer-specific work permit, you must keep working for that employer only—no changing jobs.
• If you held an open work permit, you can keep working for any employer.

You absolutely cannot start a new job or work for a different company unless your new permit approves it. It doesn’t matter if the LMIA is positive or not until the new permit is officially issued.

Here’s a quick look in table form:

Previous Permit Type	Can you keep working?	Can you switch employers?
Employer-specific work permit	Yes	No
Open work permit	Yes	Yes
Visitor or expired status	No	N/A

If your LMIA hasn’t been approved yet, you can still apply for your work permit and supply proof (like your LMIA application receipt), but you must wait for the new permit to start anything new.

Duration and End of Maintained Status

Maintained status lasts until Immigration, Refugees, and Citizenship Canada (IRCC) makes a decision on your new application. This means:

• If your work permit extension is approved, you get a new permit and the new conditions begin.
• If your application is refused, maintained status ends immediately. At this point, you must stop working right away—no exceptions.
• If you withdraw your application, your right to work also ends.

The time you spend under maintained status is legal, but it can feel stressful. You just keep waiting and hoping IRCC gets back to you before your situation gets too complicated.

Here’s the bottom line: Maintained status gives you breathing room, not a free pass. Stay within the rules from your previous permit, keep your application proof handy, and don’t make any new moves until you get your official approval.

Common Challenges and Delays in LMIA and Work Permit Processing

Waiting on an LMIA and work permit decision often takes longer than applicants expect. Each step relies on the previous one, and small mistakes or missing documentation can set applicants back weeks or even months. Here’s what to keep in mind if you’re in this process yourself:

Dealing with Expired Permits During LMIA Processing

• If your current work permit is about to expire before your new LMIA or permit is approved, the concept of maintained (implied) status can allow you to keep working—but only if you applied for the extension before your permit expired.
• Not everyone has maintained status. If you forget to apply to extend your permit before it expires, you lose legal status in Canada and can’t work anymore until it’s restored.
• Make sure the type of work you do stays the same as on your previous permit—working for other employers or in different roles is not okay during this period.

Whenever your permit is close to expiring, apply for renewal as early as possible. Even a short delay in application can create bigger headaches later and force you to stop working.

Responding to Requests for Additional Information

Immigration officers may ask you for more documents or clarification. This is common, and you must reply quickly:

1. Double-check what documents are being requested—sometimes forms, sometimes letters from employers.
2. Use your IRCC account (if you applied online) to upload documents right away. If you delay, your application can be refused.
3. Always double-check your uploads. Missing or unclear scans will only drag things out.

Typical Processing Times for LMIA and Work Permits

The actual time needed for an LMIA and then your work permit can be unpredictable. Here’s a short table summarizing recent average waiting periods (as of September 2024):

Step	Average Time
LMIA Application	2 – 4 months
Work Permit (after LMIA)	2 – 3 months
Responding to IRCC Request	7 – 30 days

• Remember, these numbers are averages. Some applications may process much more quickly, others take longer, especially if there’s missing info or a high volume of requests.

More Tips For Handling Delays

• Keep digital records of every submission and correspondence.
• Check your IRCC account regularly.
• Reach out to your employer to make sure they’re also following up.

When you’re stuck waiting—and the clock seems to tick slower every day—the main thing is to try to stay patient and organized. Mistakes made when you’re rushing or overwhelmed can cause the biggest setbacks of all.

Next Steps If Your LMIA or Work Permit Application Is Refused

Getting a refusal for your LMIA or work permit application in Canada is a tough spot to be in. It’s normal to feel a bit lost about what you can do next. Knowing your options will help you plan your next moves and avoid more trouble down the road.

Options After LMIA Refusal

When your LMIA (Labor Market Impact Assessment) gets turned down, it doesn’t always mean the end of your Canadian work dream. Here are a few next steps to think about:

• Review the refusal notice carefully to see why the application was denied.
• Check if the refusal was based on missing or incorrect information that can be fixed.
• Talk to your employer about re-applying with better documentation.
• Look into alternative immigration streams or open work permit possibilities if you qualify.

Reapplying with Updated Documentation

A lot of times, refusals happen because of paperwork issues or gaps in information. Before you or your employer reapply, make sure to:

1. Gather any missing forms or documents that were flagged in your refusal letter.
2. Correct any mistakes or unclear details in your original application.
3. Write a strong cover letter addressing the reasons for the previous refusal (if allowed).

Step	Action
1	Collect missing/updated documents
2	Double-check eligibility requirements
3	Submit revised application or appeal

Staying organized and proactive is the best way to get a better result next time.

Seeking Legal Advice in Complex Cases

Sometimes you do everything by the book and still get denied. If you’re in this situation, it may be time to consult with an immigration lawyer or authorized consultant. They can:

• Help explain the refusal in plain language
• Figure out if an appeal or judicial review is possible
• Guide you to other legal work or immigration options

If your LMIA or work permit is refused and your current status is expiring soon, quick action is important to avoid falling out of status in Canada. Don’t wait too long to get help or start your next application.

Take some time to breathe and think things over—it’s stressful, but you do have options. Just remember, missing a deadline or continuing to work after refusal can cause bigger problems for the future.

Conclusion

Waiting for your LMIA in Canada can feel like a long and confusing process, especially when your work permit is about to expire. The main thing to remember is that you can’t start a new job or work for a different employer while waiting, unless you have the right permit or status that allows it. If you applied for your work permit extension before your old one expired, you might be on implied (or maintained) status, which means you can keep working—but only for the same employer and under the same conditions as before. If you’re unsure about your situation, it’s always a good idea to double-check with an immigration consultant or look up the latest info on the government website. It’s a stressful wait, but staying on top of your paperwork and deadlines will help things go a bit smoother.

Frequently Asked Questions

Can I keep working in Canada while waiting for my LMIA to be approved?

You can only keep working if you have a valid work permit and your permit hasn’t expired yet. If your work permit expires but you applied for an extension before it expired, you may have maintained (implied) status. This means you can keep working under the same conditions as your old permit until you get a decision.

What is maintained (implied) status and how does it help me?

Maintained status lets you stay and keep working in Canada under your old permit’s rules if you apply to renew your work permit before it expires. You must keep working for the same employer and in the same job as before. If you applied after your permit expired, you do not have this status and must stop working.

Can I work for a different employer while waiting for my LMIA or work permit extension?

No, you must keep working for the employer listed on your current or expired work permit if you have maintained status. You can’t switch jobs or employers until you get your new work permit with the new employer’s name on it.

Can I apply for a work permit before my LMIA is approved?

Yes, if your current work permit is about to expire within two weeks, you can apply for a new work permit by showing proof your employer has applied for an LMIA. You must include things like the LMIA application receipt and job offer. Once the LMIA is approved, you’ll need to send it to immigration to finish your application.

What happens if I work without the right permit or after my status ends?

Working without a valid permit or after your maintained status ends is against the rules. This can cause big problems, like being asked to leave Canada or being banned from coming back. Always wait for the right approval before starting or continuing work.

What can I do if my LMIA or work permit application is refused?

If your LMIA or work permit is refused, you can look at the reasons for the refusal and try to fix them. You may be able to reapply with better documents or more information. If things are confusing or you’re not sure what to do, it’s a good idea to talk to an immigration lawyer or expert.