Very important question on the cap

[beholder69]

If an employer currently has less than 10% TFW on their work site according to the calculations given by Service Canada but if they hire a new one, they'll go above 10%, will the LMIA application be accepted?

I'm other words, do the hours the new TFW would work count towards the total TFW hours?

 

[beholder69]

Just to make it more clear:

With the Service Canada calculation method an employer currently has TFWs only taking up 5.5% of his total employee weekly hours. He wants to hire one more but if he did, it would get him to 11.11. Can he proceed with the LMIA application?

 

[beholder69]

No ideas anyone? It's pretty confusing. The actual LMIA application has a checkbox saying you won't get over 30% if the LMIA is approved and you only provide your current percentage (before hiring the new one), but still wouldn't want to get through all that trouble just to get a negative response.

 

[ButterflyChemist]

The 10% will be phased in over the next two years if I understood the changes to be/being implemented. Right now the max should be 30% but they did say those below would not be allowed to hire more to get to the cap. I would think that as long as your employer can satisfy Service Canada that a foreign worker is needed and meets all the requirements he should be fine getting one more.

 

[beholder69]

Yeah, I really hope so. They do say that those that are currently over the cap (10%), will have their level frozen at 30% or their current one, whichever is lower. However the employer is currently below the 10% cap, so I do hope they approve it

 

[paw339]

Just to make it more clear:

With the Service Canada calculation method an employer currently has TFWs only taking up 5.5% of his total employee weekly hours. He wants to hire one more but if he did, it would get him to 11.11. Can he proceed with the LMIA application?

beholder I think its possible if hiring a second TFW takes him over 10% then it will not be allowed. Assuming the calculations are being run based on a 40 hour week if the second TFW only works approximately 32 hours than that would keep him/her below the 10% limit. Has the employer met all the new requirements to try and hire a Canadian?

 

[beholder69]

beholder I think its possible if hiring a second TFW takes him over 10% then it will not be allowed. Assuming the calculations are being run based on a 40 hour week if the second TFW only works approximately 32 hours than that would keep him/her below the 10% limit. Has the employer met all the new requirements to try and hire a Canadian?

They're about to start advertising actually, just making the calculations now in order to have the application prepared. You're right about the hours, will have to wait until we have the exact figures but that could help!