How to Bring Your LATAM Business to Canada

Expanding your business across borders is never simple, and for many companies in Latin America, Canada has become a top destination. But as interest grows, so does the complexity of the process. Immigration policies shift, new trade agreements are signed, and application requirements keep tightening. For business owners trying to keep up, it’s easy to feel overwhelmed.

One of the most efficient ways to move key personnel from a LATAM-based company to Canada is through an Intra-Company Transfer (ICT) work permit. These permits allow executives, senior managers, and specialized knowledge workers to temporarily work in Canada at a related business location. And thanks to several Free Trade Agreements (FTAs) between Canada and countries like Mexico, Chile, and Colombia, eligible businesspeople can benefit from faster, simpler application routes—if they meet the requirements.

But here’s the catch: recent changes to ICT guidelines have made things stricter and less predictable, especially for companies that aren’t familiar with the system. That’s why expert guidance has never been more important.

In this guide, we break down everything you need to know about bringing your Latin American business to Canada, including how FTAs work, what’s changed with ICT permits, and how to structure your move the right way. It’s all here, in one place, to help you avoid costly missteps and move forward with confidence.

Why LATAM Businesses Are Looking to Canada

Canada has become an increasingly attractive destination for Latin American businesses, and the numbers back it up. Over the last 25 years, the Latin American population in Canada has more than tripled, growing from about 177,000 in 1996 to over 580,000 by 2021​. A significant share of this population comes from Colombia and Mexico, which together account for roughly one-third of all Latin American immigrants in Canada today.

This trend isn’t just about individuals looking for a better life—it reflects a broader shift in how Latin American entrepreneurs, executives, and investors view Canada as a place to grow their companies.

The appeal is easy to understand. Canada offers:

• Economic stability in a global market filled with uncertainty.
• Access to a highly skilled workforce, with opportunities to recruit talent or collaborate with Canadian partners.
• Entry into a new and wealthy consumer market, with the potential to scale operations across North America.
• A well-regulated, business-friendly environment that supports innovation and growth.

What makes things even more accessible for LATAM companies are Canada’s Free Trade Agreements, including major deals like the Canada-United States-Mexico Agreement (CUSMA), the Canada-Chile Free Trade Agreement (CCFTA), and the Canada-Colombia FTA.

These agreements don’t just remove tariffs, they also create immigration pathways that allow businesspeople to temporarily live and work in Canada without the lengthy red tape of traditional work permits.

In short, it’s never been more feasible for Latin American companies to consider expanding into the Canadian market. The infrastructure is there, the legal frameworks are established, and the demand for global business collaboration is growing.

Understanding the ICT Work Permit Route

If you’re looking to expand your Latin American business into Canada, one of the most effective immigration pathways is through an Intra-Company Transfer (ICT) work permit.

The ICT program allows companies with operations both in their home country and in Canada to transfer key employees to a Canadian branch, subsidiary, or affiliate. It’s designed specifically for established businesses that need to move talent across borders to support growth, set up operations, or manage new projects.

To qualify for an ICT work permit, the employee being transferred must fall into one of the following categories:

• Executives – Responsible for directing the management of the enterprise or a major part of it.
• Senior Managers – Supervise and control the work of other managers or professional employees.
• Specialized Knowledge Workers – Possess advanced proprietary knowledge of the company’s products, services, processes, or procedures.

While Canada offers a general ICT pathway under its immigration regulations, businesses from countries with Free Trade Agreements have a distinct advantage. FTAs include specific provisions that allow eligible businesspeople to apply for ICT work permits without the need for a Labour Market Impact Assessment (LMIA).

An LMIA is a document Canadian employers may need to obtain before hiring a foreign worker. It confirms that there’s a genuine need for a foreign hire and that no qualified Canadian citizen or permanent resident is available to take the position.

The fact that FTAs allow eligible businesspeople to bypass the LMIA requirement is a major advantage. It streamlines the immigration process, making it faster, more predictable, and less burdensome for companies looking to expand into Canada.

For Latin American businesses that qualify under these FTAs, the ICT route becomes not only viable but highly strategic. You can get key personnel on the ground in Canada quickly, without the delays or uncertainty of proving that no Canadian worker is available for the role.

As we’ll explore in the next sections, recent policy changes have made the general ICT stream more restrictive, making the FTA-based pathways even more valuable for LATAM companies looking to enter the Canadian market the smart way.

Key Free Trade Agreements

Canada has signed several FTAs with Latin American countries that go beyond lowering tariffs—they also include provisions that make it easier for businesspeople to temporarily work in Canada. These agreements provide streamlined pathways for ICTs, offering advantages like LMIA exemptions, faster processing, and less red tape.

Below are some of the most relevant FTAs for LATAM entrepreneurs and executives looking to expand their operations into Canada.

1. CUSMA: Canada–United States–Mexico Agreement

CUSMA applies to Mexican and U.S. nationals, but here we’ll focus on Mexico. Under this agreement, eligible Mexican businesspeople can apply for ICT work permits without needing an LMIA. The agreement allows for the transfer of executives, managers, and specialized knowledge workers to a Canadian entity affiliated with the foreign employer.

Key benefits:

• LMIA exemption.
• Faster processing compared to general ICT applications.
• Clearly defined eligibility criteria under Chapter 16 of the agreement.
• No cap on the number of permits issued.

2. CCFTA: Canada–Chile Free Trade Agreement

The Canada–Chile FTA allows Chilean citizens to apply for work permits in Canada under similar provisions to CUSMA. Executives, managers, and specialized knowledge personnel employed by a Chilean company can be transferred to a Canadian affiliate without needing an LMIA.

Key benefits:

• LMIA exemption for eligible categories.
• Clear categories for ICT roles.
• Similar structure to CUSMA, making it easier for legal advisors and applicants to navigate.

3. Canada–Colombia Free Trade Agreement

Colombian nationals can take advantage of the Canada–Colombia FTA, which also includes provisions for temporary entry for businesspersons. This includes intra-company transferees, with the same roles recognized: executives, managers, and specialized knowledge workers.

Key benefits:

• LMIA exemption under the temporary entry chapter.
• Facilitated mobility between established business entities.
• Ideal for growing Colombian companies with Canadian expansion plans.

4. Canada–Peru Free Trade Agreement

Under the Canada–Peru FTA, Peruvian nationals can access simplified ICT work permit procedures. Like other FTAs, the agreement provides LMIA exemptions for transfers of executives, senior managers, and individuals with specialized knowledge to Canadian affiliates.

Key benefits:

• LMIA exemption.
• Fast-tracked application process.
• Legal clarity on ICT eligibility criteria.

5. CPTPP: Comprehensive and Progressive Agreement for Trans-Pacific Partnership

The CPTPP is a broader multilateral agreement that includes Mexico, Chile, and Peru, among others. Like the bilateral FTAs above, it contains provisions for temporary entry for businesspersons, including intra-company transferees.

Key benefits:

• Covers multiple LATAM countries under one agreement.
• LMIA exemption applies under specific conditions.
• Ideal for companies with multi-country operations or expansion plans across CPTPP member states.

Each of these FTAs gives Latin American companies a unique edge when expanding to Canada. They simplify the legal and immigration landscape and make it easier to move the right people at the right time, all without jumping through the hoops of the traditional LMIA process.

What’s Changing With ICT Guidelines

On October 3, 2024, Canada introduced significant updates to its ICT work permit guidelines, and the changes are making it harder for many foreign businesses to qualify under the general ICT category.

Stricter Rules for General ICT Applicants

The updated guidelines now require much more from companies and applicants. Key changes include:

• A narrower definition of “specialized knowledge”: Applicants must now prove they meet all aspects of a much more rigid definition, including advanced expertise that is both proprietary and essential to the company.
• Mandatory physical office space in Canada: Businesses must now operate from a commercial, non-shared physical office location in Canada. Remote businesses, shared offices, and home-based setups no longer qualify.
• Increased documentation requirements: Employers must submit stronger evidence, including detailed job descriptions, proof of the business relationship, and documentation showing the applicant will return to their position abroad after the assignment in Canada.

These changes have already led to higher refusal rates and more complex application processes. For many Latin American businesses (especially those planning to launch their first international operation in Canada) meeting these new criteria under the general ICT stream has become a serious challenge.

ICT Permits: The Numbers Behind the Trend

The impact of these changes becomes clearer when you look at how ICT work permits have been issued over the years. The table below shows the number of permits issued annually from 2018 to 2023:

Source: The official website of the Government of Canada

These figures show that general ICT permits (R205(a)) have consistently been issued in much higher numbers. But as those applications now face tighter rules, FTA-based ICTs under R204(a) are becoming a more appealing and realistic option.

Why FTA ICTs Are Now More Attractive

Fortunately, FTA-based ICTs are less affected by these recent changes. Many of the stricter requirements (including physical premises and elevated documentation standards) are directed primarily at general ICT applications.

That makes FTA pathways a safer, faster, and more straightforward route for eligible companies from Mexico, Chile, Colombia, and Peru. For LATAM businesses, it’s a strategic advantage that can reduce delays, lower the risk of refusal, and simplify the process of bringing essential staff to Canada.

Common Roadblocks for LATAM Companies

Despite the clear advantages offered by Free Trade Agreements and the ICT work permit route, many Latin American companies still run into major challenges when trying to expand into Canada. One of the biggest obstacles is simply a lack of understanding around eligibility.

Many business owners aren’t aware that their country has a trade agreement with Canada, or they misunderstand what the agreement actually allows. As a result, they miss opportunities to streamline the process or apply under the wrong immigration category altogether.

Another common issue is failing to meet the stricter definitions set out under the updated ICT guidelines. Companies often try to transfer employees who don’t clearly qualify as executives, senior managers, or specialized knowledge workers under Canadian standards. With the new rules in place, vague job titles and loosely defined responsibilities won’t cut it. Immigration officers are looking for clear, well-documented evidence that the employee is essential to the Canadian operation and has the level of authority or expertise required.

A frequent stumbling block is the absence of an established presence in Canada. To be eligible for an ICT permit, there needs to be a Canadian branch, affiliate, or subsidiary already in place—and under the new rules, it must have a physical commercial office. LATAM companies trying to open their first international location in Canada without any prior setup often discover too late that this makes them ineligible for the ICT route, especially under the general stream.

Even when a company meets the basic requirements, applications still fall apart due to poor documentation. Submitting a detailed business plan, proof of the corporate relationship, and a clear explanation of the transferee’s role in both entities is no longer optional—it’s essential.

Without that supporting evidence, even a legitimate case can be denied. Incomplete applications, vague organizational charts, and missing financials are all red flags that can delay or derail the process entirely.

How a Professional Business Plan Can Make or Break Your Application

With Canada tightening its ICT work permit guidelines and immigration officers applying more scrutiny than ever, a well-prepared business plan has become far more than just a formality—it’s now one of the most important elements of a successful application.

A clear, detailed, and credible business plan helps immigration officers understand why your business deserves to operate in Canada and why the person you’re transferring is essential to that operation. It demonstrates the economic benefit your business will bring to the country—whether that’s through job creation, investment, innovation, or market growth. It lays out your business structure, showing how the Canadian and foreign entities are connected, and clearly defines the role of the transferee, making the case that this person is genuinely qualified and necessary for the success of the Canadian venture.

A strong business plan can also help mitigate potential red flags. For example, if your company is new to the Canadian market, a comprehensive plan reassures immigration officers that your expansion is legitimate and sustainable.

If the transferee’s role is not obviously high-level or technical, a well-crafted explanation supported by organizational charts and job responsibilities can clarify why that person qualifies under ICT standards. In short, the right plan doesn’t just support your case—it strengthens it at every level.

That’s exactly where we come in.

At Joorney, we specialize in writing business plans specifically for immigration and work permit applications. Our team has worked with numerous clients from across Latin America, helping them successfully navigate the Canadian immigration process through both general and FTA-based ICT routes.

We understand the unique requirements of each free trade agreement and stay up to date with the latest regulatory changes, including the recent updates issued in October 2024.

We know what Canadian immigration officers are looking for because we’ve helped hundreds of clients get through this exact process. We know how to position your business model, how to clearly articulate the transferee’s value to your Canadian operations, and how to present your expansion plan in a way that aligns with Canadian interests. Every business plan we deliver is tailored, well-documented, and built to withstand scrutiny.

As the rules continue to tighten and application requirements become more complex, acting early and getting your documentation right the first time can make all the difference. Waiting too long or submitting an incomplete or vague application can lead to unnecessary delays—or worse, a rejection that could have been avoided with the right support.

If you’re a Latin American business owner, executive, or investor looking to expand into Canada through the ICT route, don’t take chances with one of the most critical parts of your application. A professional business plan could be the key that unlocks the Canadian market for your company.

Contact Joorney today to learn how we can help you create a business plan that meets all the latest immigration requirements and positions your company for success. We’re here to guide you through every step and help you turn your Canadian expansion plan into reality.