Nigeria Immigration Laws
The Immigration Act 2015 has been enacted to bridge the gap and address issues on migration to meet globally acceptable standards such as composition and employment, administration, deportation and crew control.
Employment of Expatriates
The Immigration Act precludes any person other than a Nigerian citizen from accepting employment (not being employed by the Federal or State Government) without the consent in writing of the Minister of Interior. For a non-resident individual coming into Nigeria to work, there are three main entry permits available:
- Business Visa: This is issued mainly to enable foreign nationals to attend business meetings in Nigeria.
- Temporary Work Permit (TWP): This is issued to enable foreign nationals to gain entry into Nigeria for the purpose of executing short-term assignments. It is a single entry visa, which is usually given for a period of 3 months. It can be extended once for another 3 months upon application.
- Expatriate Quota (EQ): Companies seeking to employ expatriates must first apply for and be granted an (EQ). The EQ scheme is designed to prevent the indiscriminate employment of expatriates where there are qualified and suitable Nigerians to fill such positions. The validity of the employer’s EQ position determines the EQ awarded. Employees will be considered residents for tax purposes from the first day of the employment assignment. A company that has been issued an EQ may apply for its renewal when it expires at the discretion of the Ministry.
Combined Expatriate Residence Permit and Aliens Card (CERPAC)
Every non-Nigerian who enters Nigeria legally and who wishes to reside and/or work in Nigeria must make an application for a CERPAC which when issued is valid for 3 years and becomes renewable.
Types of Visa/Entry Permit
The knowledge of the various types of visa/entry permit is of crucial importance both to the applicant and to the company or organisation sponsoring him/her. This is because in the Nigerian visa system, the type that is given is tied to the purpose for which the journey is intended and any variation of the visa with the purpose of journey will render such a visa inappropriate for entry, leading to either a refusal of landing or deportation, in the case of a foreigner already in the country.
There are three main types of visa, which are:
- Ordinary Visa
- Diplomatic Visa
- Gratis Courtesy Visa
Ordinary Visa
The Ordinary Visa is further divided as follows:
- Transit Visa
- Single Journey Visa
- Multiple Journey Visa
Transit Visa
This type of visa is issued to applicants who wish to pass through Nigeria to a further destination. It may be obtained at a Nigerian mission and is given for a period not exceeding seven (7) days without reference to the Comptroller-General of Immigration.
An applicant seeking this type of visa must be in possession of an express approval (visa or any form of permission) to enter a specified third country, as well as a confirmed ticket or sufficient funds to pay for any means of transportation appropriate to reach that country. A transit visa may also be given at the port of entry on the specific approval of the Comptroller-General of Immigration. A transit pass is normally issued whether in the former or latter case, and it takes the form of an endorsement by rubber stamp on the passport of the applicant, which shall contain particulars of the port of entry, the date of entry and the period the person is permitted to remain in Nigeria in transit.
Single Journey Visa
This is valid for a single entry into Nigeria and may be issued as:
- Short Visit Visa;
- STR Visa (Subject To Regularisation for Residence Work Permit);
- Temporary Work Permit (TWP)
The Short Visit Visa:
This type of single journey visa is issued to applicants who require a single entry to Nigeria for the purpose of tourism, to see places of interest, or visit friends and/or relations resident in Nigeria. It is also issued to applicants who wish to visit Nigeria for business or meeting. This visa is also issued at a Nigerian mission abroad without reference to the Comptroller-General of Immigration provided that, the applicant who fills Form (1MM 22), is in possession of a return air ticket to and from Nigeria or an onward ticket for a further destination, together with a visa or any other acceptable form of permission to enter that country. In case a passenger arrives at the port of entry without a return ticket or onward ticket to a further destination but is otherwise found to be admissible, he/she may be required to deposit the appropriate amount for the purchase of such ticket as may be necessary to enable him/her return to his/her country of domicile, or proceed to a further destination.
STR Visa (Subject to Regularisation)
This is the type of visa required by foreigners seeking to take up employment in Nigeria. Section 8, sub-section 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”. Section 33 of the Act further provides that an application must be made to the Comptroller-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 prospective employee is to be employed and confirming acceptance of immigration responsibility”.
The employer company applies to the Nigerian embassy or consular office in the country where such intending employee/applicant resides, requesting that he (and his accompanying spouse/ fiancée/children, if applicable) be granted STR Visa (subject to regularisation for residence work permit) when he arrives in Nigeria. In such application, the employer company undertakes to assume immigration and other responsibilities for the employee (and his accompanying spouse/ fiancée/children, if applicable) in Nigeria.
The STR Visa is issued at Nigerian mission without reference to the Comptroller-General of Immigration provided that the applicant presents specified documents. 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, and the person may assume his employment only when such application is approved and a Residence Work Permit granted.