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LCCI BUSINESS YEAR BOOK 2012
A GUIDE TO NIGERIA IMMIGRATION LAW
Economic reforms embarked upon by
government particularly in the areas of
local business law made it incumbent
for liberalization of the "protectionist"
regulatory regime that hitherto governed
foreign investment in Nigeria. One of
the major factors that will either
enhance or militate against
government's desired goals is the
current immigration legislation
applicable to foreigners that desire to
invest or work in Nigeria.
Most prospective foreign investors have
heard sundry dismal stories about
immigration formalities in Nigeria.
Report from their home countries have
painted such a sordid picture of the
operation of the relevant authorities
which handle immigration permits and
as a result most foreigners are unaware
of the privileges and responsibilities
accorded them under the Nigeria
immigration law
Nigeria Immigration regulations can be
found in the immigration Act of 1963.
The Act has been modified by various
guidelines and circular emanating from
Federal Ministry of internal Affairs.
Apart from this regime, there also exist
a body of laws and decrees that govern
foreign immigration requirement for
perspective foreigners wishing to invest
and work in Nigeria. We shall examine
these various legal regimes and also
provide a guide to the various
immigration permits that are
unavailable.
Temporary visas
When prospective foreign investor
wants to scout for the various
investment opportunities available in
Nigeria, he may apply at the Nigeria
Consulate Embassy, in his home
country for a Business Visa. 1 his visa
prohibits such foreigner from working
in Nigeria during his visit period.
Another temporary immigration permit '
that is open to a foreigner who for
example has been employed by a
foreign parent company is the
Temporary Work Employment Visa, this
visa is solely by the authority and at the
discretion of the Comptroller-General of
Immigration Services. It is granted
primarily to a foreigner that has been
invited for a specific purpose, for
instance to install machinery or offer
technical service to the Nigerian
subsidiary. The visa is also restrictive in
application in the sense that such
foreigner immediately departs the
country upon the completion of his
assignment. Mention must also be made
of a Stop Gap Immigration Permit that
is normally granted to a foreigner prior
to his employers' obtaining or renewing
the necessary quotas position. This
permit is known as "STR visa" the
subject to regularization visa. This visa
simply enables an expatriate who has
been offered employment in Nigeria to
reside in the country pending when the
application is duly processed.
Other immigration permits
These are however more permanent
forms of permits that are available for
foreigners who intend to reside in
Nigeria for a long duration. There are
three major types of immigration permit
available for foreigner employment.
They are the Expatriate Quota, Business
Permit and Residence Permit.
Business permit
The business permit granted by a
relevant authority to business that has
foreign equity holding. This permit
normally states the name of the
intended shareholder or their
representative and provides the nature
and sphere of business to be engaged in
and the location of the business. After
1988, the Industrial Development
Coordination Committee (IDCC) is the
authority that grants newly established
companies with foreign participation
such business permit. Companies
incorporated prior to the establishment
of the IDCC who wish to amend their
existing business permits still have to
apply to the Ministry of Internal Affairs
for such Amendments.
Expatriate quota allocation
The expatriate quota as its name implies
envisage an allocation of a permit from
a relevant authority to a company
desirous of employing foreigners.
Nigerian companies with foreign
shareholding and employee's normal
apply for such papers on behalf of the
foreign partners or employees.
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The Quotas Allocation granted to
companies to employ foreigners
normally states their designatories,
qualification and duration of their stay.
There are two types of quotas position:
the ordinary quota position or the
Permanent Until Review (PUR) quota
position. It must be noted the company
and not the individual expatriates for
which such application for a quota is
made. This is why the quota is normally
referred to as established quota. Quota
allocations are readily available to
companies that require transfer of
expatriate who is skilled in the
operation of such technology. 'The PUR
is special quota position, It is called
PUR in that it has no life span attached
to it when granted, it is giver, as a key
quota to companies with considerable
foreign participation that considered
such as their life wire. Such quota
allocation is normally granted only on
the position of the Managing Director
or General Manager, in most cases, this
position is normally occupied by a
representative of the foreign parent
company. Until the formal constitution
of the National investment Promotion
Commission, such quota allocation is
granted by the Ministry of Internal
Affairs for a dollar denomination fee
payable in this currency or its Naira
equivalent.
With regards to these quota positions,
there are certain factors that may
impede their grant. For instance the
relevant authority will never consider
an application for a quota allocation for
position that can be effectively handled
by Nigeria.
The Residence Permit
The Residence Permit, as its name
implies, allow a foreigner desirous of
taking up residency in Nigeria to do the
same. An application for such a permit
must be supported by certain documents
including a letter of appointment from a
Nigeria employer, acceptance of offer
of employment; curriculum vitae, vetted
credentials from his embassy or high
commission. Form I mm 22 to be given
to any Nigeria Embassy; a copy of
approved quota position and a letter
from the company employing the
expatriate requesting for such