In a globalized world where talent knows no borders, Nigeria stands as an opportunity for foreign professionals seeking employment within its economy.
However, navigating the path of obtaining a work permit can be a daunting task for newcomers.
Background
A work permit is a legal document that allows a non-citizen to work in a foreign country for a specified time.
It’s also known as a work visa. All countries require a work permit visa for foreign workers.
On July 13 2023, the Economic and Financial Crimes Commission (EFCC) arrested 13 Chinese nationals for alleged Illegal mining activities in Kwara.
Amongst other allegations, the antigraft agency said the suspects were without ‘work permit’, but only entered Nigeria with visitor’s visa.
Section 8 (1) of the Immigration Act 1963 (now section 36 (1) of the Immigration Act 2015) stipulates that non-Nigerians are prohibited from accepting employment with the government unless they obtain written consent from the Comptroller General of Immigration.
Additionally, individuals in this category are barred from engaging in professional practices, establishing businesses, or acquiring companies without prior authorization from the Minister of Interior.
With an understanding of the process, foreign professionals can embark on their endeavors with confidence, knowing that Nigeria’s doors are open to welcome their talent and ambition.
To demystify the process of getting work permits, The Jurist Newspaper brings you steps and requirements for securing work permits in Nigeria.
Temporary Work Permit (TWP): For those embarking on short-term assignments in Nigeria, the Temporary Work Permit Visa (TWP) serves as a gateway. Tailored for expatriates or foreign businesspersons engaged in specialized skilled services such as equipment installation, maintenance, or staff training, the TWP provides a single entry visa to facilitate short-term work engagements.
Expatriate Quota: Essential for companies seeking to employ expatriates, the Expatriate Quota is a permit issued by the Federal Ministry of the Interior. This permit grants registered Nigerian companies the authorization to hire foreign professionals, ensuring compliance with immigration regulations while leveraging international expertise to drive business growth.
Subject to Regularization Visa (STR): Designed for expatriates undertaking long-term employment commitments in Nigeria, the Subject to Regularization Visa (STR) offers a pathway to residency for individuals engaged in purposes extending beyond short-term assignments. Furthermore, dependents of expatriates applying for STR can also avail themselves of this visa category, facilitating family reunification in Nigeria.
Combined Expatriate Residence Permit and Aliens Card (CERPAC): Introduced in 2002, the Combined Expatriate Residence Permit and Aliens Card (CERPAC) scheme serves as a hallmark of residency for foreigners working or residing in Nigeria. Under this scheme, non-ECOWAS citizens (excluding children below the age of 15) are mandated to obtain a CERPAC card, symbolizing their legal status and authorization to live and work within Nigerian borders.
While each visa category serves a distinct purpose, adherence to immigration regulations and compliance with documentation requirements remain paramount for successful application outcomes.
Barrister Damilola Olaniyan, a lawyer based in Kano State, Nigeria, says the Nigerian Labor Act establishes the minimum standards for employment contracts, including provisions related to working hours, wages, benefits, and termination procedures.
According to her, “foreign workers are entitled to the same protections and rights as Nigerian workers under the law.
“However, specific regulations and requirements may vary depending on the type of employment and visa status of the foreign worker.”
Legal resources or government agencies individuals should be aware of when navigating the relocation process in Nigeria
Nigeria Immigration Service (NIS): The NIS is responsible for regulating immigration and issuing visas and permits to foreign nationals. They provide information on visa types, requirements, and application procedures.
Ministry of Interior: The Ministry of Interior oversees immigration matters in Nigeria and may provide additional guidance and support to individuals relocating to the country.
Federal Ministry of Labour and Employment: This ministry oversees labor-related matters, including employment contracts, working conditions, and labor rights. They can provide information on labor laws and regulations applicable to both Nigerian and foreign workers.
Nigerian Investment Promotion Commission (NIPC): For foreign workers employed by companies registered with the NIPC, this agency can provide information and support regarding investment-related immigration processes.
Legal Practitioners: Consulting with legal experts or firms specializing in immigration and labor law can provide individuals with personalized guidance and assistance throughout the relocation process.
Embassy or Consulate: Foreign nationals can also seek guidance and support from their country’s embassy or consulate in Nigeria for assistance with visa applications, legal issues, and general relocation advice.
By utilizing these resources and agencies, individuals can navigate the relocation process in Nigeria more effectively while ensuring compliance with relevant laws and regulations.
Useful tips for individuals planning to relocate to Nigeria
Research Visa Requirements: Understand the visa requirements for your specific situation, whether it’s for employment, business, study, or residency. Ensure you have the necessary documentation and meet the criteria for obtaining the appropriate visa.
Comply with Immigration Laws: Adhere to Nigerian immigration laws and regulations throughout the relocation process. Obtain the necessary permits and visas before entering the country, and maintain legal status during your stay.
Understand Labor Laws: Familiarize yourself with Nigerian labor laws, including employment contracts, working conditions, and labor rights. Ensure your employment agreement complies with legal requirements and provides adequate protection.
Seek Legal Advice: Consider consulting with legal experts or firms specializing in immigration and labor law to obtain personalized advice and guidance tailored to your situation. They can help navigate complex legal requirements and ensure compliance.
Cultural Awareness: Take the time to understand Nigerian culture, customs, and business practices. Respect cultural differences and adapt to the local environment to foster positive relationships with colleagues and the community.
By following these tips and seeking appropriate guidance, individuals can navigate the relocation process to Nigeria smoothly while ensuring compliance with legal requirements and enjoying a successful transition.