Nigeria is a key destination for business, investment, and employment in Africa. With its dynamic economy and vast opportunities, many foreigners seek to work and reside in Nigeria. However, navigating the country’s immigration laws can be complex. Understanding the requirements for work and residency permits is essential to ensure compliance with Nigerian law. In this guide, we will explain the different types of permits, eligibility criteria, and the application processes.
Understanding Nigerian Immigration Laws
The Nigerian Immigration Act and associated regulations govern the entry, stay, and exit of foreign nationals. The Nigerian Immigration Service (NIS) is the main agency responsible for enforcing these laws and processing permits for foreigners.
Foreigners intending to work or live in Nigeria must obtain the appropriate visa or permit before entry. Violations of immigration laws can result in penalties, deportation, or other legal consequences. Below, we outline the major categories of work and residency permits available in Nigeria.
Work Permits in Nigeria
Foreigners seeking employment in Nigeria must secure a work permit before starting any job. The key work-related permits include:
1. Subject to Regularization (STR) Visa
An STR visa is the primary route for foreigners who have secured employment with a Nigerian company. The process involves several steps:
Eligibility:
- The applicant must have a confirmed job offer from a Nigerian company.
- The employer must obtain an Expatriate Quota approval from the Federal Ministry of Interior.
Application Process:
- The Nigerian employer applies for an Expatriate Quota, which determines the number of foreign employees permitted in the company.
- Once the quota is approved, the employer issues an offer letter and relevant documents to the foreign employee.
- The applicant applies for an STR visa at the Nigerian embassy in their home country.
- Upon arrival in Nigeria, the applicant must apply for the CERPAC (Combined Expatriate Residence Permit and Aliens Card) to regularize their stay.
2. Temporary Work Permit (TWP)
A Temporary Work Permit (TWP) is issued to foreign experts invited for short-term specialized assignments. It is typically valid for 90 days but can be extended in some cases.
Eligibility:
- Foreign professionals providing technical services, consultancy, or installations.
- The Nigerian company sponsoring the expert must apply for the permit.
Application Process:
- The sponsoring company applies for TWP approval from the Nigeria Immigration Service (NIS).
- Upon approval, the NIS sends a confirmation letter to the Nigerian embassy in the applicant’s home country.
- The applicant applies for the TWP visa at the Nigerian embassy.
- The permit is valid for the duration of the assignment but must be renewed if extended.
Residency Permits in Nigeria
Foreigners who intend to reside in Nigeria for work, business, or other long-term purposes must obtain a residency permit. The main types of residency permits include:
1. CERPAC (Combined Expatriate Residence Permit and Aliens Card)
The CERPAC is the standard residency permit for foreign workers in Nigeria. It serves as both a work and residency permit, allowing expatriates to live and work legally in the country.
Eligibility:
- Holders of an STR visa who have entered Nigeria for employment.
- Spouses and dependents of expatriates working in Nigeria.
Application Process:
- The expatriate enters Nigeria with an STR visa.
- Within 90 days of arrival, the expatriate must apply for the CERPAC at the Nigeria Immigration Service office.
- Required documents include a valid passport, STR visa, employer’s letter of support, and expatriate quota approval.
- Upon approval, the applicant receives a CERPAC card, which must be renewed annually.
2. Permanent Residency (PR) Permit
A Permanent Residency (PR) permit is granted to foreigners who have lived in Nigeria for an extended period or have strong ties to the country.
Eligibility:
- Spouses of Nigerian citizens.
- Foreign investors with significant business interests in Nigeria.
- Individuals who have lived legally in Nigeria for several years.
Application Process:
- The applicant submits a request to the Federal Ministry of Interior.
- Supporting documents, such as proof of long-term residency, investment, or marriage to a Nigerian citizen, must be provided.
- If approved, the applicant receives a PR permit, allowing them to reside indefinitely in Nigeria.
Compliance and Legal Considerations
Work Without a Permit: Legal Consequences
Working in Nigeria without the appropriate permit is illegal and can lead to penalties such as:
- Fines imposed by the Nigerian Immigration Service.
- Deportation and blacklisting from future entry.
- Legal action against both the employee and the employer.
Renewals and Extensions
Most permits, including CERPAC and TWP, require renewal before expiration. Employers and employees must monitor expiration dates and initiate renewal processes in advance to avoid lapses in legal status.
Switching from One Permit to Another
Foreigners may switch from a TWP to an STR visa or apply for PR if they meet the eligibility criteria. The process involves submitting an application to the Nigeria Immigration Service, along with relevant supporting documents.
Conclusion
Navigating Nigerian immigration laws requires a clear understanding of the various work and residency permits available. Whether you are seeking employment, providing temporary services, or planning to reside in Nigeria long-term, securing the correct permit is crucial to legal compliance.
At Crimson Solicitors, we specialize in immigration services, ensuring that expatriates and businesses comply with Nigerian immigration laws. Our expert team can assist with visa applications, expatriate quotas, CERPAC processing, and permanent residency applications.
For professional legal assistance, contact Crimson Solicitors today and let us help you simplify the immigration process in Nigeria.