Visa and Work Permits - A non-Nigerian requires the consent
of the Ministry of Internal Affairs to do business in
Nigeria. The approval is
conveyed in a letter styled business permit.
Expatriate Quota
On application to the Federal Ministry of Internal Affairs,
approval can be given to a company proposing to employ expatriates for
senior management, technical or specialist posts. Approval will not normally
be given to employ expatriates to do jobs for which there are suitably
qualified Nigerians, it is therefore the responsibility of an applicant to
prove that the employment of an expatriate is unavoidable.
The expatriate quota approval for a new company with
non-Nigerian participation is usually stated in the business permit. An
increase in expatriate quota and the number of expatriates approved for a
wholly indigenous company is usually conveyed in a letter from the Federal
Ministry of Internal Affairs.
An expatriate quota is granted for specific jobs and,
generally, is for a specific number of years except for one or two key
personnel the quota for whom may be permanent until reviewed. Capitalization
of 5 million attracts an automatic quota of two while a capitalization of 10
million or more attracts four.
Residence Permits
When an expatriate quota is granted, application is made
through the appropriate Nigerian Embassy or High Commission abroad for
resident permits (entry permits). This is in addition to visa requirements
where applicable. Generally, evidence of academic, professional or technical
qualification and/or experience is required to be produced. A person
(usually the prospective employer) resident in
Nigeria must give a
written undertaking to bear all immigration responsibilities in respect of
person(s) covered by the application.
Families of Expatriates
Wives and children of expatriates with entry permits are
also granted entry permits freely on application, but they require specific
permission to work in
Nigeria except on a
voluntary non-remuneration basis for charity.
Visa
Generally, a foreigner requires a visa to enter
Nigeria. The only
exception relates to citizens of member states of the Economic Community of
West African States (ECOWAS) who required only entry permits. The former
exemption granted to Commonwealth citizens from the requirement to obtain
information from the nearest Nigerian Embassy or High Commission seeking
clarification concerning their status.
Leave
An expatriate on leave is counted as part of the quota.
Returns
Periodic returns in respect of expatriate quota in a
specified form have to be submitted to the Federal Ministry of Internal
Affairs. Failure to do so may create embarrassment.
Final Departure
When an expatriate employee leaves
Nigeria finally, the
Department of Immigration must be informed.
Visitors' Permits
It is possible to obtain visitors' permits on application
to the Nigerian High Commission or Embassy abroad. Permits are usually
granted for 28 days but the visitor must have a return ticket on arrival in
Nigeria. Persons
with visitors' permits must not take up employment in Nigeria.
Temporary Quota
The Immigration Department may, on application, grant a
temporary expatriate quota for a short period. A temporary quota is usually
for specialists required for, say, three months to install or service a
special type of machine or equipment. Non residents negotiating one-time
contract work in Nigeria should discuss the immigration implications with
the prospective employer, particularly where the non-resident intends to
apply for exemption from incorporating a local company under Sections 56-60
of the Companies and Allied Matters Decree, 1990. In such a situation, the
Nigerian employer may have to apply directly to the Federal Ministry of
Internal Affairs for a special quota for the purpose of the job.
Employees' Associations and Labour Unions
Provision is made in the labour laws for the formation of
employers' associations and trade/labour unions on the basis of similarity
of business interest or occupations. At present, there are 42 Trade Labour
unions memberships and 19 Senior Staff Associations' in the country.
Social Security
Both employer and employees contribute to approved
provident funds. In some cases, employees do not make any contribution to
pension funds. The eligibility of a worker to benefit from pensions,
retirement or gratuity schemes varies from one employment to another.
Invariably, the terms are contained in contracts of employment or collective
bargaining agreements with registered trade unions. Social security schemes
are approved by the Joint Tax Board and subject to renewal annually.
Other Benefits
Other benefits include maternity leave and pay, medical and
year-end bonuses.
Workmen's Compensation
Employers are obliged to provide accident insurance for
their employees
Reference
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