What happens to an LMIA if the foreign worker cannot travel to Canada in time?
An LMIA has a validity period — a specific window during which the foreign worker must apply for and receive a work permit. If the worker cannot travel to Canada or cannot complete the work permit application within this period, the LMIA may expire before the worker can use it.
Common reasons for delays include: visa processing backlogs, delays in obtaining medical exams or police clearances, travel disruptions, or challenges with the worker's personal circumstances. Regardless of the reason, Service Canada does not automatically extend an LMIA once it expires.
If the LMIA expires before the work permit is obtained, the employer generally must restart the LMIA process — including re-advertising the position and re-submitting an application with new fees. This can add many months to the hiring timeline.
Proactive communication between the employer and the worker (and their respective advisors) is essential to keep the timeline on track. If delays are foreseeable, raising them early with legal counsel may reveal options, such as whether a work permit extension or the existing LMIA's conditions allow for any flexibility.
Key takeaways
- An LMIA expires after its validity period — the worker must complete the permit process before then.
- An expired LMIA generally requires the employer to restart the entire application.
- Common delay causes include visa backlogs and documentation issues.
- Coordinate closely and get legal advice early if delays are expected.