US and Canadian Immigration Lawyer Andy Semotiuk: The below news article shows why current Canadian immigration policy surrounding skilled workers, Express Entry, and Labour Market Impact Assessments is unwieldy bordering on dysfunctional:

An American couple who live and work in Thunder Bay, Ont. say that despite years of trying, they’ve been unable to gain permanent residency, leaving them frustrated with the Canadian immigration system.

Danny Friedman, 37, and his wife Amanda Doran, 29, moved to Canada from northern Minnesota three years ago and settled on a rural property in Silver Mountain, just south of Thunder Bay….

Friedman and his wife have fallen short of the number of points needed to be selected for residency. That’s even after hiring a lawyer to help them navigate the system, and producing proofs of abilities and skills. They’ve even travelled to southern Ontario to complete a mandatory English test that can’t be done in Thunder Bay.

Meanwhile, the couple are unable to get a bank loan or credit card in Canada, said Friedman. Their mortgage was financed through an American bank, stretching their Canadian pay cheques to the limit, and they live in fear that one year, their work permits will not be renewed.

The lawyer in this case has a great reputation, so it isn’t that the couple is getting bad advice.

PERMANENT RESIDENCE

There is no reason why applicants like this couple should be delayed or effectively re-assessed as far as Canadian immigration is concerned. Once an immigrant has come to Canada and gained experience working in Canada in a skilled position, I see no rational reason why they should be reassessed in a pool with other applicants before being given permission to apply for permanent residence.

EXPERIENCE IN CANADA

Barring a problem with their police background check or medical records, immigrants should be rewarded for their time spent in the Canada, not grouped together with people who are starting from square one. This is particularly so if an immigrant can produce evidence that they have employment and will continue to have employment upon being approved. Why introduce needless hardships for employers who are happy with such workers. Indeed, why drive such talent away from Canada? Aren’t these the kind of people Canada is looking for with its point-based, employment-focused Express Entry system?

This couple is not alone in their plight. Hopefully the system is revamped soon so that others like them won’t be living in endless uncertainty.