CORPORATE IMMIGRATION IN NIGERIA.

Dear Subscriber, 

As business becomes more international in scope, corporations require special skills that sometimes need to brought in from other countries and in this global age it is important that key personnel be able to cross borders expeditiously. Corporate Immigration thus refers to the movement of people into a destination country in order to take-up employment as a migrant worker or temporarily as a foreign worker.

For the purpose of this discourse we will be looking at three ways to come into Nigeria for business purposes.

BUSINESS VISITOR

Businessmen and Investors coming to Nigeria for business discussions are qualified for a Business Visa which is obtainable from the nearest Nigerian Mission to their Countries of residence. Requirements include: Evidence of sufficient funds, valid return ticket, a letter of invitation from a company in Nigeria accepting full immigration responsibility. The Visa is valid for 90 days but extendable. It should be noted that employment or conducting business with this visa is strictly prohibited.

TEMPORARY WORKING PERMIT

Companies wishing to engage the services of expatriates for short period assignments and require the expatriates to reside in Nigeria during the assignment are required to apply to the Comptroller – General for visa/entry permits for such expatriates.

The application is submitted at the Nigerian consul or embassy where the expatriate resides and must be referred to the Comptroller – General of Immigration for approval. The temporary assignments which are eligible for such approval include:

• Erection/installation work;
• Feasibility studies;
• Repairs of machinery/equipment;
• Auditing and accounts;
• Research work and such other assignments as may fall into this category.

RESIDENCE PERMIT

This would apply to an expatriate who intends to live, work or carry on business in Nigeria on a more permanent basis. The Company that requires the services of the expatriate is required to apply for an Expatriate Quota in Nigeria which permits the Company to employ individual expatriates to specifically approved job designations. An The Expatriate Quota in Nigeria is usually granted for two to three years subject to renewal and it is to be noted that the quota is issued to the company and not the expatriate, as such when the expatriate leaves the company, the position reverts to the company and the company may place another expatriate on the same position for as long as the quota position remains valid.

There are two kinds of Expatriate Quota in Nigeria:

1. Permanent Until Reviewed (PUR) Quota which is meant for positions that would be occupied on a permanent basis. This includes positions of the chairman of the company’s board of Directors or the managing Directors. The essence of granting the PUR is to ensure that the foreign company is able to protect its investment. Once a PUR is granted, a certificate is issued stating the position that the PUR covers.
2. Temporary Quota is usually for positions that would be occupied on a temporary basis. These positions are specifically stated on the permit and the expatriate employee’s qualification must be in par with the designation.

A company that has been issued an expatriate quota may apply for a renewal of the Expatriate quota at the expiration of the expatriate quota. In the same vein, a company that has been issued an expatriate quota and requires additional expatriates to handle an ongoing project or fill additional positions may apply for additional spaces. To understand the requirements for getting an Expatriate Quota in Nigeria, read here 

After the Company obtains its Expatriate Quota space(s), an application for an STR visa is made to the Nigerian Mission in the prospective employee’s country of origin. An STR Visa only allows the employee (including spouse & children) into Nigeria for a validity period of 90 days pending the time an application is made to the Comptroller General (at any State Immigration Office) for a resident permit which as the name connotes allows the employee live and work in Nigeria. After the permit is granted a Combined Expatriate Residence and Alien’s Card (CERPAC) is issued. The CERPAC is valid for one year and renewable thereafter.

CONCLUSION

As part of efforts to encourage Foreign Direct Investment, The Federal Government recently introduced visa-at-port-of-entry facility. The Comptroller General Of Immigration is now empowered to issue such visas to investors, frequently travelled business persons of international repute, executive directors of multinational companies, members of government delegations as well as holders of United Nations (UN), African Union (AU) and Economic Community of West African States (ECOWAS) Laissez-Passer at the point of entry. The CGI can also issue Permanent Residence Visas to foreign nationals, who according to him, are married to Nigerians and to foreign investors, who have imported an annual minimum threshold of capital over a period of time

The content of this document is solely for information purposes only and should not in any way be construed as a legal opinion. If you require specific legal advice on any of the matters covered in this article please contact a professional.