Work and Resident Permit for a Foreign Employee in Nigeria

In Nigeria, like in many countries of the world, companies are generally encouraged to source for employees locally. While companies are not barred from employing foreigners, they are required to justify the need for a foreign employee instead of a Nigerian. An application for an expatriate quota for a management position is usually granted while other positions are also approved as far as satisfactory justification is made in this regard, supported by a training plan for developing local competences in respect of the areas where the company seeks to employ foreigners.

As such, a company desirous of employing expatriates (foreign employees) to specifically approved positions is first required to obtain an expatriate quota from the Ministry of Interior.  The company must furnish the CVs and details of the proposed expatriates for consideration by the Ministry of Interior. Upon the grant of an expatriate quota position, such expatriates proposed by the company can then proceed to apply for a Combined Expatriate Residence Permit and Aliens Card (CERPAC). A CERPAC is both a work and residence permit and is issued by the Nigerian Immigration Service.

To obtain a CERPAC, it is necessary for the expatriate to come into Nigeria using a Subject-to Regularization (STR) visa. The STR visa should be obtained from the Nigerian embassy in the country where the expatriate resides.

The timeline for obtaining an expatriate quota is similar to that of a business permit, i.e. between 4 to 10 weeks. The timeline for obtaining a CERPAC is between 2 to 4 weeks.

To successfully apply for an expatriate quota, the following documentations are required:

1. an application letter addressed to the Permanent Secretary, Federal Ministry of Interior;
2. a duly completed Immigration Form T.1 ( Application Form For Business Permit and Expatriate Quota Position (S));
3. a copy of Certificate of Incorporation of the company;
4. a copy of the Memorandum and Articles of Association of the company;
5. certified copy of form CAC 7 (Particulars of Directors);
6. joint venture agreements for partnership venture between Nigerians and foreigners (original to be presented for citing);
7. copy of Form CAC 2 of the company (Allotment of Share Capital);
8. business plan or feasibility report (which should be certified or registered with the CAC);
9. the company’s Current Tax Clearance Certificate (original to be presented for sighting);
10. lease agreement or certificate of occupancy in respect of business premises;
11. Certificate of Capital Importation;
12. bank reference letter;
13. proposed annual salaries to be paid to the expatriates to be recruited, indicating designation, name, job description and qualification (copies of CVs and credentials of each expatriate (this is not required if you are not applying for an expatriate quota)); and
14. Licence/ Permit/ Certificate from relevant government Agencies / Departments / Ministries for the operation or execution of project if company is engaged in oil services, health care services (this is not required if you are not applying for an expatriate quota).

While the following would be required to obtain a CERPAC:

1. Passport with minimum of 6 months validity (with STR visa affixed)
2. Original completed and signed CERPAC Form
3. One (1) 4” X 3”sized photograph on a white background
4. Three (3) 2” x 2” passport sized photographs on a white background
5. Original letter of employment
6. Copy of acceptance of employment
7. Copy of the expatriate quota approval
8. Copy of employee’s resume and credentials
9. Extract of the minutes of the Board's resolution for employee’s appointment (for top executive positions).