1. Introduction

In light of the ongoing corporate registration of your organization and towards streamlining your organization’s commencement of operations in Nigeria, kindly find below an overview of Nigeria’s immigration requirements.

2. Entry of Non – Nigerians into Nigeria

The Nigerian Immigration Act 1990 requires every non–Nigerian who desires to enter or reside in Nigeria and every company who employs or intends to employ non–Nigerians to comply with its regulations.

Nigerian visas are obtainable from Nigerian Diplomatic Missions internationally for any intending visitor. For countries without a Nigerian embassy, visas may be obtained from a neighboring country. There are essentially seven (7) types of Nigerian visas:

• Business Visas – available for investors coming into Nigeria for transaction purposes;
• Temporary Work Permit (TWP) Visas – available to experts invited for the purpose of doing specialized jobs for a short period;
• Subject to Regularization (STR) Visas – available to expatriates entering Nigeria to take up employment;
• Transit Visas – available to transiting passengers with a confirmed visa to an onward destination outside Nigeria;
• Direct Transit Visas – available to airline pilots and seamen who are signing on transiting passengers with confirmed visas to onward destinations outside Nigeria;
• Tourist Visas – available for persons visiting Nigeria for the purpose of tourism or visiting family members who are in Nigeria; and
• Official or Diplomatic Visas – available to visiting Heads of States and their families, senior officials of Governments and their families, Diplomats and their families, holders of United Nations diplomatic passport and Laisser Passez, members of accredited Diplomatic Missions, members of International organizations, or members of accredited International Non-Governmental Organisations (INGO’s).

 

For the purposes of this Memo, we shall outline the following pertinent areas: Business Permit, Quotas, Subject To Regularization visas, CERPAC and Temporary Work Permit visas.

 

3. Business Permit & Expatriate Quota

An organisation intending to engage non-Nigerian staff is required to obtain a business permit from the Ministry of Interior (MOI) before commencing operations in Nigeria. It must also obtain an expatriate quota for each intending non-Nigerian staff; the number of expatriate quotas granted by the MOI dictates the allowable number of foreigners to be employed in the organization. It is important to note that spouses and children of foreign staff do not have to be factored into expatriate quotas for the organization. They will be able to apply for entry and stay in Nigeria as part of the relevant staff’s family.

• Procedure

Generally, a joint application for a business permit and expatriate quota is made to the Minister of Interior. However, Companies Limited by Guarantee are exempt from obtaining business permits due to their status as non-governmental organizations. This process of application is expected to take between 4 (four) to 6 (six) weeks.

• Documentation

The application for expatriate quotas is to be supported by the following:

1. Duly completed Expatriate Quota Form Immigration T/1;
2. A copy of Tax Clearance Certificate / Exemption;
3. A copy of letter from the Federal Inland Revenue Service confirming Value Added Tax registration;
4. Certificate of Capital Importation, if applicable;
5. A copy of Memorandum and Articles of Association or Constitution of the organization;
6. A copy of a feasibility report of the organization’s business interests, if applicable;
7. Certified True Copy of Form 7 (Particulars of Directors) or Form I.T. 1 (Trustees);
8. Certified True Copy of Form 2 (Statement of share capital), if applicable;
9. Evidence that personnel required is not likely to be available in Nigeria;
10. A copy of Certificate of Incorporation;
11. Details of proposed training program for the organization’s Nigerian staff as well as a schedule for management succession to be adopted by the organization;
12. A copy of a Lease Agreement being evidence of acquisition of business premises;
13. A copy of any Technical Services Agreement between the organization and a foreign technical partner, if applicable;
14. A copy of a Management and Technical Services Agreement, if applicable; and
15. A schedule of names, addresses, qualifications, resumes and positions to be filled by the expatriates.

 

• Duration

The application for expatriate quota is expected to take between 4 (four) to 6 (six) weeks.

 

• Monthly Returns

Your organization will be required to file monthly returns of its expatriate quota at the Nigerian Immigration Service. Monthly returns are required to update the Service on expatriate staff of the organization working and living in Nigeria at any given time.

 

4. STR Visa & CERPAC

Following the allocation of expatriate quotas to an organization, each non-Nigerian staff intending to live and work in Nigeria, including accompanying members of their family, must obtain a Subject to Regularization (STR) Visa from the Nigerian embassy located in their country of residence before being granted entry into Nigeria. Once an STR visa is obtained, each individual may visit Nigeria and then apply for a Combined Expatriate Residence Permit and Aliens Card (“CERPAC”) while in Nigeria.

 

• Procedure

The STR Visa may be obtained by an application made to the Nigerian embassy located in the applicant’s country of residence. The application must be supported by a number of documents, which will be prepared beforehand by the Firm.

Following the grant of STR Visa and entry into Nigeria, the expatriate must file an application to the Nigerian Immigration Service for the grant of a CERPAC, which will be valid for a period of twelve (12) months, allowing the expatriate to live and work in Nigeria as well as multiple entry into the country. Once the application is received, verified and endorsed by the relevant Immigration State Command, an Immigration/CERPAC Stamp will be applied to the expatriate’s Receipt/Temporary Card.

At the time of submitting the completed forms and documents for a CERPAC, the applicant is required to present an original Passport for verification of the documents presented. The applicant will also be required to visit the CERPAC office at the relevant state immigration command for biometrics and data capture.

 

• Documentation

The following documents are to be submitted along with an application for STR Visa:

1. Formal letter of invitation from the organization accepting immigration responsibility;
2. Personal letter of request from the applicant;

• Letter of offer of employment from the organization;

1. Personal letter of acceptance of offer from the applicant;
2. Three (3) copies of completed Form IMM22;
3. Three (3) recent passport photographs;

• National Passport (with minimum of 6 months validity); and

 

The following documents are to be submitted along with a CERPAC application:

1. Formal letter of request from the organization accepting immigration responsibility;
2. Personal letter of request from the applicant;

• Letter of offer of employment from the organization;

1. Personal letter of acceptance of offer from the applicant;
2. Duly completed form IMM22 in triplicates with three (3) recent passport photographs;
3. National Passport (with minimum of 6 months validity) of applicant with STR visa endorsement and photocopies of relevant pages of passport.

• Letter from National Planning Commission (NPC).

 

• Duration

The application for STR Visa may take up to two (2) weeks to complete, depending on the country of application and circumstances of the application. The CERPAC application is processed and issued within a period of three (3) weeks.

 

5. Temporary Work Permit

An immigrant coming into Nigeria for a specified period, particularly to execute some sort of expertise shall be authorized entry via issuance of a Temporary Work Permit (TWP). This category of work permit is for experts/specialists invited by corporate organisations to provide specialized, skilled or expert services such as after sales installation, maintenance, or repairs of machines and equipment, auditing of accounts, training or any other specialist jobs.

• Procedure

The TWP is issued by and obtainable only from the office of the Comptroller General of Immigration, Nigeria Immigration Service, Abuja. Upon an application by the organization, accompanied by supporting documentation, the Comptroller General may grant a TWP.

Upon approval, the period of validity is usually specified within the TWP. However, on average, the TWP is valid for a period of three months.

 

• Documentation

The following documents are to be submitted along with an application form:

1. Formal letter of request from the organization accepting Immigration Responsibility;
2. Letter of introduction from the applicant’s company;

• Personal letter of request from the applicant;

1. Confirmed airline return ticket;
2. 2 Current Passport photographs;
3. Evidence of online visa payment fees;

• Acknowledgment slip and payment confirmation receipt;
• Evidence of administrative fee paid at the Embassy;

1. Completed form IMM/22A.

 

• Duration

The TWP application is usually processed and issued within a period of forty-eight (48) hours.

    

We trust you find guidance in the foregoing. Please do not hesitate to contact us for further clarification.

Yours sincerely,

 

ANDI DAZE                                                    KANGMWA PARRADANG

Partner                                               Associate, Immigration Advisory Practice

 

Immigration Advisory Practice

D & D Partners

www.ddlawpartners.com