Any local Company in Nigeria that desires to employ foreign nationals must accept immigration responsibilities on behalf of the foreign national. The Company must ensure that it obtains regulatory approval and work residence authorization from the appropriate Nigeria Authority.
The Immigration Act 2015 and the Immigration Regulations 2017 provide for the requirements that a local Nigerian Company seeking to employ a foreign national to work in Nigeria must satisfy. The immigration requirements mandate the employer to obtain the following Approvals on behalf of such employee:
i Expatriate Quota Approval (“EQA”)
ii Combined Expatriate Residence Permit and Alien Card (“CERPAC”)
iii Temporary Work Permit (“TWP”)
iv Subject To Regularization Visa (“STR”) or Entry Permit
1 EXPATRIATE QUOTA APPROVAL (“EQA”)
1.1 What is Expatriate Quota Approval?
Expatriate Quota Approval is a permit/approval granted by the Federal Ministry of Interior to a registered Nigerian company and allows the applicant company to employ non-Nigerians to work in its employment in Nigeria.
1.2. What is the Validity of the Expatriate Quota Approval?
Subject to the discretion of the Minister of Interior, Expatriate Quota may be granted for a period ranging between two (2) to three (3) years and subject to renewal upon expiration.
It is important to reiterate that the EQA is issued to the company and not the expatriate. The implication of this, is that a company that has obtained Expatriate Quota Approval can replace any expatriate who exits the company within the validity period of the quota.
1.3. What are the requirements for obtaining Expatriate Quota Approval?
- Application Letter addressed to the Permanent Secretary of the Federal Minister of Interior
- Completed Immigration Form T/1
- Certificate of Incorporation of the company
- Memorandum and Article of Association
- Certified Feasibility Report
- CAC Forms showing share capital and list of directors (formerly known as CAC 2.3, CAC C02 & C07)
- Original Joint Venture Agreement for partnership venture between Nigerian and foreigners
- Original company’s Tax Clearance Certificate (“TCC”)
- Original Lease agreement for opening premises
- Evidence of imported machinery, which include, Form M, Proforma invoice, Shipping documents and Clean Certificate of Inspection issued by Government appointed Pre-shipment Inspection Agents.
- Original License/Permit/Certificate from relevant Government Department or Ministries for the operation or execution of project applicable to companies engaged in oil services, health care, fishing, mining, constructions services
- For Companies engaged in building, civil engineering, construction, etc., Evidence of work at hand, duration and value attached to the contract(s)
- Proposed annual salaries to be paid to the expatriates to be recruited indicating designation, names, jobs description and qualifications (CV and copies of credentials of expatriate to be attached)
N.B. There are also some industry-specific requirements for the approval of expatriate quotas in Nigeria. For example, companies that are engaged in the oil and gas industry in accordance with the Nigerian Oil and Gas Industry Content Development Act 2010 (NOGICD ACT) allows operators and project promoters to retain a maximum of five percent (5%) of their management roles as expatriates positions with the condition that the operators submit a succession plan to the Nigerian Content Development and Monitoring Board (“NCDMB”). The succession plan must provide for Nigerians to understudy the expatriate for a maximum period of four (4) years, and thereafter will be completely occupied by Nigeria.
Section 33 of the NOGICD Act further provides that all applications for Expatriate Quota Approval must be submitted to the Nigerian Content Development and Monitoring Board (NCDMB) for approval before submission to the Federal Ministry of Interior. This includes applications for temporary work permit. The application to the NCDMB shall be supported by the following documents:
- Succession plan;
- Organisational chart of the applicant company;
- Advert Report (for new applications);
- Job descriptions/ qualifications for the required positions;
- Training schedule for understudies and other Nigerian Staff;
- Employment commitment;
- Past FMI approval letters for the required positions; and
The above is also in line with Presidential Executive Order No. 5 (for Planning and Execution of Projects, Promotion of Nigerian Content in Contracts and Science, Engineering and Technology) dated 2nd February 2018.
1.4. What is the cost of obtaining Expatriate Quota Approval?
The Processing fees is N25,000 and an additional N10,000 for Establishment quota per slot
1.5. What is the timeline for processing EQA?
It takes about 14 working days to process EQA
2 COMBINED EXPATRIATE RESIDENCE PERMIT AND ALIEN CARD (“CERPAC”)
Any Expatriate who intends to live and work in Nigeria for more than 56 days is required to obtain a CERPAC. CERPAC is a document that allows a non-Nigerian to reside and work in Nigeria
2.1 Who are those eligible for CERPAC?
Expatriates living and working in Nigeria are eligible for CERPAC except Missionaries, Students from ECOWAS African Nationals and Cameroonians, nationals and persons with Special Immigrant status, Diplomats, Government officials, INGOs and Niger-wives.
2.2. What are the requirements for processing CERPAC in Nigeria?
- Application letter from the employer requesting Regularization of Stay and accepting Immigration Responsibility (IR) on behalf of the expatriate.
- Letter of Appointment/Employment
- Acceptance of offer of Appointment/Employment.
- Form IMM22 with three (3) Passport-size photographs.
- Quota Approval
- Vetted Credentials
- Valid Passport with STR (Subject to Regularization) (Employment) visa and photocopies of relevant pages.
2.3 What is the the validity of CERPAC
The validity of CERPAC is two (2) years and subject to renewal.
2.4 What is the cost of processing CERPAC?
The cost of processing a 1 Year CERPAC Card is $350 and $700 for a 2 years’ card.
However, for a Non-ECOWAS African Nationals, the cost is $200 for 1 year and $400 for 2 Years.
2.5 What are the requirements for renewal or replacement of CERPAC?
- Application letter from the Employer requesting for renewal/replacement of Residence Card and accepting I.R.
- Expatriate Quota Approval
- The Expiring Resident Card (Original)
- Valid Passport and photocopies of relevant pages.
2.6. What is the timeline for obtaining CERPAC?
It usually takes about 14 working days after application and submission of required documents to obtain CERPAC.
3. TEMPORARY WORK PERMIT (“TWP”)
This is a type of Permit issued to foreigners coming into Nigeria who are to carry out specific work for a short-term period. For example, corporate bodies who invite individuals from another country to carry out maintenance and installation or training for staffs of the corporate body.
3.1 What are the requirements for Temporary Work Permit in Nigeria
- Visa approval letter (pre-approved visa letter) valid for 90 days from the date of issuance
- International passport with 6 months’ validity and at least two blank pages for the visa endorsement
- Two (2) passport sized photographs measuring 35/40 mm on a white background taken within the last 6 months.
- Duly completed visa Form IMM22.
- Evidence of payment of visa fee .
3.2. Procedures for obtaining of Temporary Work Permit
Letter of Application shall be made through a corporate representative in Nigeria inviting the expatriate into Nigeria to file a formal request to the Comptroller General of immigration and stating the details of the expatriate. The application to CGI must be accompanied with the following documents:
- The company profile
- Certificate of Incorporation of the company
- CAC Forms of particulars of directors and share capital of the company
- Copy of data page of the Expatriates international passport
- Evidence of existing contract or purchase/ importation of machinery or equipment and any other documents that may be required.
the foreign applicant shall pay the required fee online and obtain the receipt of payment. It is important to note that a successful payment of fees does not mean the TWP permit has been approved.
Upon the approval by the CGI, the Expatriate will apply at the Nigerian mission abroad with the necessary documents accompanied.
3.3. What is the Validity period for TWP?
The validity period for a Temporary Work Permit is 90 days from the date of application and applicant may be invited for an interview, where necessary.
4 SUBJECT TO REGULARISATION VISA (“STR”) / ENTRY PERMIT
4.1 The STR Entry Permit is a type of Permit that allows a foreign national to take up employment in Nigeria. Section 8 (1) of the Immigration Act provides that “no person, not being a citizen of Nigeria, may take up employment in Nigeria other than employment with the federal or state government without the consent of the Comptroller–General of Immigration”.
Furthermore, Section 33 of the Immigration Act provides that an application must be made to the Controller–General by the prospective Employer, in writing, confirming that he/she has a vacancy on the expatriate quota and at the same time stating the position in which the prospective employee is to be employed and confirming acceptance of immigration responsibility.
4.2. Who may be eligible for STR Visa/Entry Permit?
Expatriates employed to take up employment in Nigeria by individuals, corporate bodies or governments
4.3. What are the requirements for the issuance of STR Visa / Entry Permit?
- Valid passport with a minimum of 6 months’ validity;
- Contract of Employment;
- Letter of invitation;
- Expatriate Quota Approval of the company inviting or offering the employment;
- Acceptance of immigration responsibility;
- Curriculum vitae or resume of the applicant;
- Evidence of qualifications (credentials) of the applicant; and
- Duly completed Form IMM 22
- Extract of the minutes of meeting/Board Resolution of the Company in the case of a Chief Executive Officers (C.E.O)
- Evidence of payment of visa fees
4.4. What are the procedures for obtaining STR Permit?
i The employer/company will apply to the Nigerian embassy or consular office in the country where the prospective employee/applicant resides, requesting that the individual (and accompanying spouse/children, where applicable) be granted STR Visa (subject to regularisation for residence work permit) upon arrival in Nigeria.
ii The employer company will undertake to assume immigration and other responsibilities for the employee (and accompanying spouse/children, where applicable) in Nigeria.
iii The STR Visa will be issued at a Nigeria Mission without reference to the Comptroller-General of Immigration provided that the applicant presents the specified documents.
4.5. What is the Validity of STR Visa?
STR visa is normally given for 90 days without reference, during which an application must be made to the Comptroller-General of Immigration, to regularise the stay of the prospective employee, when such application is approved and a Residence Work Permit granted.
