Definition of a Work Permit

1. A work permit is described as an authorization given to a person to be able to work in a given country.
2. A work permit with respect to a foreigner is an authorization given to a foreigner to reside and do business or work in another country.
3. Without a work permit, an individual seeking to work in another country can not freely do so without agencies in charge of regulating such orders altering their businesses or works.

Legal Framework in Nigeria

1. The Nigerian Immigration regulations on work permit are outlined in the Immigration Act 2015 and the Immigration Regulation 2017.
2. The agency responsible for issuing work permits in Nigeria is the Immigration Service.
3. Section 116 of the Immigration Act defined work permit as a document that allows a non-Nigerian to reside and work in Nigeria for a specific time.

Initial Steps to Obtain a Work Permit

1. To obtain a work permit in Nigeria through work, the first step is to register a company in Nigeria or secure an offer of employment from a Nigerian company.
2. An existing Nigerian company offering a job opportunity to an expatriate must ensure it has a minimum of N10 Million authorized share capital.
3. If the company is to be incorporated directly by the foreigner who requires the work permit, the minimum authorized share capital must not be less than N100,000,000 (Hundred Million Naira).

Applying for an Expatriate Quota

1. When a foreigner has secured a job from Nigeria or incorporated a new company in Nigeria, such a company must now apply to the Federal Ministry of Interiors for an expatriate quota.
2. The expatriate quota is issued to the company based on the number of expatriates required to be brought into Nigeria and the expatriate quota indicates the duration of their employment which is usually 2 to 3 years and renewable.
3. All foreigners aiming to work in Nigeria must obtain an expatriate quota, even if such a person is a shareholder or director of the company.
4. Where the company registered is wholly foreign-owned, it must also apply for a business permit with the expatriate quota.

Types of Work Permits in Nigeria

There are two types of work permits in Nigeria:

1. Combined Expatriate Residence Permit and Alien Cards (CERPAC)

1. It is a residence permit issued to foreigners residing or employed in Nigeria.
2. The CERPAC serves as proof of legal residence and identity for foreigners in Nigeria.
3. CERPAC, normally is for a long duration.
4. Foreigners who wish to reside in Nigeria for a period not less than one (1) year may be eligible for a CERPAC. This includes foreigners coming with Temporary or Permanent Resident Visas (TRV/PRV), such categories of Foreigners may include:
5. Foreigners who own businesses in Nigeria.
6. Foreigners employed by Nigerian companies.
7. Foreign students studying in Nigeria.
8. Dependents of foreigners residing in Nigeria.
9. Foreigners (65 years and above) willing to reside in Nigeria after their years of service.

Procedures for Applying for a CERPAC

1. Submit an online application through the Nigerian Immigration portal: https://immigration.gov.ng
2. Upload required documents, which include a valid passport with Nigerian visa, proof of employment, business registration, or student status and other supporting documents as required.
3. Pay the applicable fees online (USD 2,000 for employed foreigners, USD 600 for Students and Gratis for foreigners married to Nigeria citizens).
4. Provide biometric data (fingerprints and photograph) at a designated National Immigration office.
5. The National Immigration Service will process the application, verify the documents and approve the application.

2. Temporary Work Permit (TWP)

1. Designed for temporary workers on a specialized assignment usually for 6 months.
2. Those eligible for this are experts or individuals performing short term projects, such as upgrading, maintenance or repairs of equipment and machinery, training and capacity building for Nigerian staff etc.
3. The TWP must be approved by the Nigerian Immigration Service.

Procedures for Applying for a TWP

1. Steps to Obtaining a Temporary Work Permit include:
2. Host company seeks approval.
3. Receive pre-approval from the Comptroller General of Immigration (Nigeria Immigration Service).
4. Apply online (embassy).
5. Submit visa application with visa requirements and pay visa fees.
6. Obtain a visa.

Requirements for Obtaining a TWP

1. Visa authority letter from Nigeria Immigration Service.
2. Valid passport not less than 6 months.
3. Return ticket after the work has been concluded.

Additional Note

1. To obtain any of the work permits, a company must be duly incorporated in Nigeria, requesting the services of the expatriate.

Conclusion

1. Foreigners are allowed to work in Nigeria by either applying for a Combined Expatriate Residential Permit and Alien Cards or Temporary Working Permit.
2. These will enable them to do business for a given duration in Nigeria.