Work Permit Duration vs LMIA Validity

It’s important to understand that the LMIA validity period does not determine how long you can work in Canada. Instead, your work duration is decided by the work permit issued by IRCC (Immigration, Refugees and Citizenship Canada), based on recommendations from Employment and Social Development Canada (ESDC).

When your employer applies for an LMIA, ESDC provides a recommended "work duration" in the approval. IRCC uses this recommendation to issue your work permit, which could be longer than the work duration, especially to account for travel or transition time.

Real-Life Example: How the TFWP Process Works

Let’s say a Canadian car manufacturer wants to hire a mechanical engineer from abroad.

1. The company applies for an LMIA to ESDC on July 30, 2025, for a role starting December 1, 2025.
2. ESDC issues a positive LMIA on September 19, 2025, with a work duration of one year. This LMIA is valid until March 19, 2026 (LMIA validity period is 6 months).
3. The employer provides the LMIA to the foreign worker, who applies for a work permit on September 30, 2025.
4. IRCC processes the application and issues a work permit valid from December 18, 2025, to January 30, 2027.
   
   

This permit is based on the recommended work duration and may include a little extra time. If the employer wants to extend the worker’s employment, they must apply for a new LMIA, and the worker must apply for a work permit extension before the current permit expires (ideally by December 31, 2026, in this case).

Maintained Status: What Happens After You Apply for an Extension

If the worker applies for an extension before the original permit expires, they enter “maintained status.” This allows them to continue working under the same conditions (same employer and job) while waiting for a decision on the new work permit.

How to Get an LMIA

An LMIA is a document from ESDC that shows there is a need for a foreign worker because no Canadian citizen or permanent resident is available for the job.

LMIA Application Process: Step-by-Step

1. Employer applies to ESDC for an LMIA.
• They must advertise the job in Canada for at least 4 weeks.
• They must submit details about wages, working conditions, recruitment efforts, and pay a processing fee.
2. If approved, the employer gets a positive LMIA.
3. Foreign worker applies to IRCC for a work permit.
   The application must include:
• A copy of the LMIA
• A job offer and employment contract
• Proof of qualifications (education, language scores, etc.)
• Application fees and biometrics

If approved, IRCC issues a closed work permit that ties the worker to the specific employer and job role.

What Influences How Long You Can Work

There are three key dates to understand:

1. LMIA Expiry Date:
   You must apply for a work permit before this date. As of May 1, 2024, LMIA approvals are valid for 6 months.
2. Work Duration:
   This is the recommended period for the job, set by ESDC.
3. Work Permit Expiry Date:
   Decided by IRCC based on the above two factors. This is the official date when your ability to work and live in Canada ends unless extended.
   
   

Can the Job Start After LMIA Expiry?

Yes. The job can start after the LMIA expires, but the work permit application must be submitted before the LMIA expiry date. The employer should clearly state the expected job start date in the LMIA application.

LMIA Processing Times (As of June 2025)

Processing times depend on the stream and can change monthly based on the number of applications ESDC receives. Below are the average times:

Final Thoughts

While the LMIA is an important step, the actual work permit issued by IRCC determines how long you can stay and work in Canada. It’s crucial to apply for extensions on time and understand the timelines involved in the process.