How long is a positive LMIA valid after Service Canada issues it?
A positive LMIA has a defined validity period — a window during which the foreign worker must submit their work permit application to IRCC. If the worker does not apply within that period, the LMIA expires and is no longer usable; the employer would need to apply for a new one.
Service Canada sets the validity period, and it has varied over time. Checking current LMIA documentation from Service Canada or IRCC is essential for accurate and up-to-date information, as this is a detail that changes with policy.
It is important to distinguish between the LMIA's validity period (the window to apply for the work permit) and the work permit's duration (how long the worker can actually work once the permit is issued). These are not the same. An LMIA might have a validity period of several months, but the work permit itself could be issued for a different duration.
If a positive LMIA expires before the worker applies, the employer must begin the LMIA application process again — including satisfying the recruitment advertising requirements. This is a common pitfall when workers face delays obtaining visas or other documents.
Key takeaways
- A positive LMIA is only valid for a specified period — the worker must apply before it expires.
- The LMIA validity period and the work permit duration are different things.
- An expired LMIA cannot be used; a fresh application to Service Canada is required.
- Factor in visa processing time when planning the timeline after a positive LMIA is received.