Employing foreign nationals in Nigeria requires navigating a specific set of immigration regulations, primarily managed by the Nigerian Immigration Service (NIS). Companies looking to bring international talent into the country must ensure their employees obtain the correct visas for entry and the necessary permits to reside and work legally. This process involves understanding various visa categories, meeting detailed application requirements, and adhering to ongoing compliance obligations.
The framework for foreign workers in Nigeria typically involves obtaining an entry visa from a Nigerian embassy or consulate abroad, followed by securing a work and residence permit upon arrival. The primary work authorization document is the Combined Expatriate Residence Permit and Aliens Card (CERPAC), which consolidates residence and work authorization. Employers play a crucial role as sponsors throughout this process, often requiring an expatriate quota approved by the Ministry of Interior.
Common Visa Types for Foreign Workers
Foreign nationals intending to work in Nigeria typically enter the country using one of two main visa types: the Subject to Regularisation (STR) visa or the Temporary Work Permit (TWP). The choice depends largely on the nature and duration of the work assignment.
| Visa Type | Purpose | Typical Validity (Initial) | Key Requirement |
|---|---|---|---|
| Subject to Regularisation (STR) | For expatriates taking up long-term employment based on expatriate quota | 90 days (for entry) | Approved Expatriate Quota position, Employment Offer |
| Temporary Work Permit (TWP) | For short-term assignments, specialized services, or emergency work | 1-6 months | Approval cable from Comptroller General of NIS |
The STR visa is the standard route for employees filling approved expatriate quota positions. It allows entry into Nigeria, after which the holder must apply for the CERPAC work and residence permit. The TWP is suitable for shorter projects and does not require an expatriate quota position, but necessitates specific approval from the Comptroller General of Immigration.
Work Permit Application Requirements and Procedures
The main work authorization for long-term foreign employees in Nigeria is the Combined Expatriate Residence Permit and Aliens Card (CERPAC). The application process typically begins after the foreign national has entered Nigeria, usually on an STR visa.
Eligibility Criteria:
- Must hold a valid entry visa (commonly STR).
- Must be employed by a company in Nigeria that has an approved expatriate quota position for the role.
- Must meet the specific requirements of the expatriate quota position (e.g., qualifications, experience).
Required Documentation (Commonly Includes):
- Completed CERPAC application form.
- Valid national passport with the entry visa.
- Four passport-sized photographs.
- Letter of employment/offer letter.
- Acceptance of offer letter.
- Copies of educational qualifications and professional experience certificates.
- Company's expatriate quota approval letter.
- Company's incorporation documents (Certificate of Incorporation, Memorandum and Articles of Association).
- Evidence of tax payment (company and employee).
- Medical report from a recognized hospital in Nigeria.
- Residence address verification.
- STR visa validation (if applicable).
Application Procedure:
- Entry: Foreign national enters Nigeria with the appropriate visa (e.g., STR).
- Application Submission: The employer, acting as sponsor, submits the CERPAC application on behalf of the employee to the Nigerian Immigration Service (NIS) office in the state of residence or the NIS headquarters.
- Biometrics: The applicant attends an appointment for biometric data capture (fingerprints and photograph).
- Processing: The application undergoes review by the NIS.
- Issuance: Upon approval, the CERPAC card is issued.
Sponsorship Requirements:
The Nigerian employer is the mandatory sponsor for the CERPAC application. The employer must have an approved expatriate quota that includes the position the foreign national will occupy. The employer is responsible for initiating the process, submitting required company documents, and often facilitating the employee's application steps.
Processing Times and Fees:
Processing times for CERPAC can vary depending on the NIS office workload and the completeness of the application. It typically ranges from 2 to 8 weeks after submission and biometric capture.
Fees involve several components:
- Application fee (varies based on duration, typically paid in USD).
- Processing fee.
- Aliens Card fee.
- Possible administrative charges.
Total government fees for a standard CERPAC can range from approximately USD 1,000 to USD 2,500 or more, depending on the validity period (usually 1 or 2 years initially) and current regulations. These fees are subject to change.
Pathways to Permanent Residency
Permanent residency in Nigeria is not a standard or automatic outcome of holding a work permit (CERPAC). The CERPAC is primarily a temporary permit, typically issued for one or two years and renewable.
Pathways to long-term residence or potential permanent status are generally limited and may include:
- Specific Investment Categories: Foreign nationals making substantial investments in the Nigerian economy may be eligible for special residency permits or even permanent residency under specific government policies, though these are distinct from standard employment-based work permits.
- Long-Term Residence: While not permanent residency, continuous renewal of the CERPAC allows foreign nationals to reside and work in Nigeria for extended periods, provided they continue to meet the eligibility criteria and the employer maintains the expatriate quota position.
There is no direct, defined route from a standard work permit (CERPAC) to permanent residency based solely on the duration of employment in Nigeria.
Dependent Visa Options
Foreign nationals holding a valid work permit (CERPAC) are generally permitted to bring their dependents (spouse and unmarried children under 18 years) to reside with them in Nigeria.
Eligibility Criteria for Dependents:
- Must be the legal spouse or an unmarried child under 18 years of age of the principal work permit holder.
- The principal work permit holder must have a valid CERPAC.
- The principal's expatriate quota position must typically allow for dependents.
Required Documentation (Commonly Includes):
- Completed application form for dependent visa/residence.
- Valid national passport for each dependent.
- Passport-sized photographs.
- Copy of the principal applicant's valid CERPAC and passport data page.
- Marriage certificate (for spouse).
- Birth certificates (for children).
- Letter of sponsorship from the principal applicant, confirming financial responsibility.
- Proof of the principal applicant's employment and expatriate quota.
Application Procedure:
Dependents typically apply for an entry visa (often a Dependent Visa or part of the STR process if applying concurrently with the principal) at a Nigerian embassy/consulate abroad. Upon arrival in Nigeria, they must apply for their own residence permit/card, which is linked to the principal applicant's CERPAC. The process is similar to the CERPAC application, involving submission of documents and biometric capture.
Processing Times and Fees:
Processing times for dependent permits can vary but often align with the CERPAC processing times, ranging from 2 to 8 weeks after submission and biometrics.
Fees for dependent permits are generally lower than for the principal applicant's CERPAC but still involve application and processing fees. These can range from approximately USD 500 to USD 1,500 per dependent annually, depending on the duration and current regulations.
Visa Compliance Obligations for Employers and Employees
Maintaining compliance with Nigerian immigration laws is crucial for both the sponsoring employer and the foreign employee. Non-compliance can result in significant penalties, including fines, deportation, and blacklisting of the company.
Employer Obligations:
- Expatriate Quota Management: Obtain and maintain a valid expatriate quota from the Ministry of Interior. Ensure foreign employees are only hired for approved positions within the quota.
- Sponsorship: Act as the official sponsor for all work permit and residence applications for foreign employees and their dependents.
- Application Facilitation: Assist employees with the application and renewal processes for visas and CERPAC.
- Record Keeping: Maintain accurate records of all foreign employees' immigration status, including visa and permit expiry dates.
- Reporting Changes: Notify the NIS of any significant changes, such as termination of employment, change in job role, or change of address for the foreign employee.
- Compliance with Conditions: Ensure the foreign employee only works in the position specified in the expatriate quota and CERPAC.
- Repatriation: Be responsible for the repatriation of the foreign employee and their dependents if required (e.g., upon termination of employment or expiry of permits).
Employee Obligations:
- Maintain Valid Status: Ensure their visa and CERPAC remain valid throughout their stay and employment in Nigeria. Initiate renewal processes well in advance of expiry dates.
- Adhere to Permit Conditions: Only work for the sponsoring employer and in the role specified on the CERPAC. Do not engage in other forms of employment or business without proper authorization.
- Carry Identification: Always carry their valid CERPAC card as proof of legal residence and work authorization.
- Report Changes: Inform the employer and potentially the NIS of changes in personal circumstances that may affect their immigration status (e.g., change in marital status, birth of a child in Nigeria).
- Exit Formalities: Complete necessary exit formalities with the NIS upon final departure from Nigeria.
Both parties must work together to ensure all requirements are met and deadlines are observed to maintain legal status for the foreign workforce in Nigeria.
