Can a foreign worker start working in Canada before the LMIA is approved?
No. A foreign worker generally cannot start working in Canada before a valid work permit is issued — and for most positions, the work permit cannot be issued until the employer has a positive LMIA in hand. Starting work before the permit is approved is working without authorization, which violates federal immigration law.
This sequencing is one of the most important aspects of compliance for both employers and workers. The correct order is: employer obtains positive LMIA from Service Canada → worker applies for work permit to IRCC → worker receives work permit → worker begins employment.
There is an exception for open work permits, where no LMIA is required and certain open permit holders may begin working before a renewal is fully processed if they have applied for an extension while in valid status (implied status). But this does not apply to LMIA-based permits.
Employers who pressure workers to begin working before permits are in place expose both the employer and the worker to serious immigration and legal consequences. Workers should never start working based on assurances that "the permit is coming" — the permit must actually exist before work begins.
Key takeaways
- Workers cannot start work before a valid work permit is issued — no exceptions for LMIA streams.
- The correct sequence is: positive LMIA → work permit application → permit issued → work begins.
- Implied status during renewal applies only in specific open-permit scenarios, not LMIA streams.
- Starting early creates serious immigration risk for both employer and worker.