Snapshot: long-term business visas in Nigeria

Long-term transfers

What are the main work and business permit categories used by companies to transfer skilled staff?

Companies wishing to transfer skilled staff can do so through three main categories:

• applying for a temporary work permit (TWP);
• applying for a Combined Expatriate Residence Permit and Aliens Card (CERPAC) that allows the expatriate employee to live and work in Nigeria for 12 months, after which he or she can apply for a renewal for a further period of another 12 months provided the quota position occupied remains valid; and
• applying for an Economic Community of West African States (ECOWAS) work permit.

What are the procedures for obtaining these permissions? At what stage can work begin?

The TWP is a two-stage process initiated through an application to the Comptroller General of Immigration (CGI), ultimately ending with the issuance of the visa by the Nigerian diplomatic mission in the assignee’s country of residence, as follows:

• stage one: an in-country application wherein the assignee obtains a pre-approval from the CGI in Nigeria. The approval obtained is a TWP cablegram submitted with other requisite documents for TWP visa issuance; and
• stage two: obtaining the TWP visa at the Nigerian diplomatic mission in the assignee’s country of residence.

The CERPAC process starts by granting a subject to regularisation (STR) visa in the assignee’s country of residence. On arrival in Nigeria, the assignee must regularise the work visa by applying for CERPAC that allows the expatriate employee to live and work in Nigeria until its expiration, which he or she can apply to renew provided the occupied expatriate quota position remains valid. An ECOWAS card is the applicable permit for ECOWAS nationals wishing to reside and work in Nigeria. To apply for an ECOWAS card, an application letter requesting the card’s issuance must be sent to the Nigerian Immigration Service (NIS).

What are the general maximum (and minimum) periods of stay granted under the main categories for company transfers?

The TWP is primarily a short-term visa valid for 60 days and can be extended in Nigeria for another 30 days. Nigeria Visa Policy 2020 provides for the TWP visa valid for six months. The Subject to Regularization (STR) visa is only valid for 90 days and must be regularised by obtaining CERPAC, which is valid for one year and can be renewed for another year provided the expatriate quota position occupied remains valid. The ECOWAS card work permit is valid for two years and can be renewed for another two years.

How long does it typically take to process the main categories?

The STR process takes up to 10 days before the visa is issued. The issuance timeline depends on the diplomatic mission – some missions request additional documents, which will take longer. The regularisation of the STR or CERPAC issuance takes three to four weeks, while the ECOWAS card work permit takes five working days to finalise.

Is it necessary to obtain any benefits or facilities for staff to secure a work permit?

Under Nigerian immigration laws, the CGI may require that provision is made for repatriation or that a bond payment is made into the consolidated revenue fund by way of deposit of an amount as prescribed by the Minister of Interior before a work authorisation may be secured.

Do the immigration authorities follow objective criteria, or do they exercise discretion according to subjective criteria?

The Nigerian authorities follow both the objective criteria and discretionary criteria in issuing a work authorisation as provided for under relevant laws, regulations and policy directives of the government. NIS officials carry out spot compliance inspections.

Is there a special route for high net worth individuals or investors?

Nigeria Visa Policy 2020 provides for investor visas for those falling into three categories: small, large and ultra-large. Investors must evidence the amount to be determined by the class of investor as importation and retention of capital, provide a police report from applicant’s country of residence of the past five years and documentary proof of investment in Nigeria.

Is there a special route (including fast track) for high net worth individuals for a residence permission route into your jurisdiction?

The investors’ visa category under Nigeria Visa Policy 2020, provides for a five-year, multiple-entry visa that must be applied for at the Nigerian diplomatic mission in the investor’s country of residence. The classes of investors provided for under this policy are:

• small-scale enterprise: evidence of US$250,000 to US$500,000 as importation and retention of the investor’s capital;
• medium-scale enterprise: evidence of US$500,000 to US$1 million as importation and retention of the investor’s capital;
• large scale corporation: evidence of US$1 million to US$10 million as importation and retention of the investor’s capital;
• ultra-large-scale corporation: evidence of US$10 million and above as importation and retention of the investor’s capital; and
• oil and gas power sector: evidence of US$100 million and above as importation and retention of the investor’s capital.

Is there a special route for highly skilled individuals?

No, there is none. However, Nigeria Visa Policy 2020, provides for a highly skilled immigrant visa to attract more foreign direct investment into the country’s economy to complement local capacity. The visa can be obtained from the Nigerian diplomatic mission where the individual is resident once all the requirements are met.

Is there a special route for foreign nationals based on ancestry or descent?

No, there is no provision under the Nigerian law for foreign nationals on ancestry or descent.

Is there a minimum salary requirement for the main categories for company transfers?

The Immigration Act 2015 makes no provision for a minimum salary for company transfers. The issue of minimum salaries is typically determined based on existing collective bargaining agreements or individual contracts.

Is there a quota system or resident labour market test?

There are no broad-based standards in this regard. However, in respect of the Nigerian oil and gas industry, the Nigerian Oil and Gas Industry Content Development Act 2010 details a standard for the employment of individuals, giving priority to the employment of Nigerians and also identifying an employment and training programme for Nigerians as a necessary component of any project. This Act further states that where Nigerians considered for that employment lack the necessary training, all endeavours must be made to provide this training within or outside Nigeria. It is also made mandatory for operators in the industry to provide a viable succession plan whereby Nigerians will understudy each incumbent expatriate position for a maximum of four years, following which the positions shall become Nigerianised. The foregoing applies to the TWP and CERPAC work-permit categories.

Is there a special route for shortage occupations?

No, there is none.

Are there any other main eligibility requirements to qualify for work permission in your jurisdiction?

No, there is none.

What is the process for third-party contractors to obtain work permission?

Typically, work permission is tied to the companies that obtain the permission on behalf of the expatriate employee. Consequently, third-party contractors must apply for work permits on behalf of their employees.

Is an equivalency assessment or recognition of skills and qualifications required to obtain immigration permission?

Yes, an immigrant’s academic qualifications and skills are assessed before immigration permission is granted.