CONTEMPORARY ISSUES IN IMMIGRATION IN NIGERIA

Migration has become a very fluid process, internationally. Facilitated by globalization, it has generated a lot of issues resulting in sweeping changes to laws and operations of border control agencies of many countries including Nigeria. The International Organization for Migration (IOM) has stated that an estimated 240 million international migrants are moving to more destinations via complex and diverse routes, adopting a variety of strategies. The reasons for migration are also varied and complex. Nigeria shares in these global migratory trends, being the largest economy in Africa and the commercial hub of the West African sub-region.

The dynamic and evolving realities of the Nigerian Immigration landscape necessitated the passage of the immigration Act, 2015 and the launch of the Immigration Regulations 2017. Nigeria remains the largest economy in Africa and the midpoint of economic activities in the West African sub-region with the attendant movement of prospective investors and other migration flows. While enabling a safe, conducive and uncomplicated business environment remains the priority of the current administration, the country recognizes the global security challenges posed by terrorism, transnational criminal organizations and the activities of herdsmen from neighbouring countries.

The Immigration Regulations 2017, which were issued to give effect to the objectives of the Immigration Act 2015 regarding the security of the Nigerian borders and effectiveness of the Nigeria Immigration Service (NIS), empower the NIS to properly register all foreigners, protect the border, enhance internal security and attract foreign investors using the latest technologies. Companies with expatriate staff are required to file monthly returns, providing data on expatriate staff and the utilization of the Expatriate Quota Approval, while expatriates are themselves required to file changes in their personal data with the NIS within 7 days of the occurrence of such change.

A host of entry facilities like Visa on Arrival, Permanent Residence Permit (Investment Visa), Visiting Permit, Transit Permit, Tourist Visa, Business Visa have been provided for by the Regulations to promote ease of doing business in Nigeria, and enhance seamless entry and exit for genuine investors and immigrants. The NIS, recently, created 28 centers for the issuance of Combined Expatriate Residence Permit and Aliens’ Card (CERPAC) in addition to the existing 8 centers. This brings to 36 the number of centers. Yobe and Borno states are the only Commands without any CERPAC Center because of the lingering security issues in both states.

Recently, CONTEC, the technical partner to the NIS has, r introduced “Know Your Immigration Status” to check the activities of unscrupulous persons who issue fake CERPAC and residence permits. This is an innovative platform for expatriates to verify and authenticate the status of their CERPAC.

To facilitate the smooth entry of investors, Visa on Arrival (VOA) was introduced to obviate the hurdles associated with the issuance of traditional Business Visas. This facility is issued by way of a letter transmitted to the appropriate Nigerian Mission with copies sent to the Immigration Formation at the designated port of entry, and the applicant The visa is valid for 30 days

The beneficiary of the VOA does not need to obtain a visa from the Nigerian Mission before coming into Nigeria as his passport is stamped with visa at the port of entry. However, it should be noted that VOA is not a work or employment visa; it is purely for business purpose.

Investors who bring an annual minimum threshold of capital into Nigeria over a period of time may be issued Permanent Residence Permit. However, this permit does not equate with Nigerian citizenship and does not confer voting rights. The Residence Permit may also be withdrawn whenever the Investor withdraws his investment or fails to comply with any other condition that may have been prescribed for the issuance of the Resident Permit.

Expatriates who intend to come into Nigeria to provide specialist or expert services are to apply for Temporary Work Permit. This is a single-entry permit issued to expatriates who possess special skills and are invited to Nigeria by corporate bodies to provide specialized services. The assignments which are eligible for grant of a TWP include –  erection, after-sales installation work, feasibility studies, repairs and maintenance of machinery/equipment, research work and other similar assignments of a limited duration. The facility is for an initial period of three months and subject to extension at the discretion of the Comptroller-General of Immigration.

In line with international best practices, crew members of air and shipping lines could apply for Transit Permit, which takes the form of an endorsement on the passport of the applicant and shall contain data relating to the port and date of entry. It is issued for 7 days, in the first instance, and could be extended. An immigration officer not below the rank of an Assistant Superintendent of Immigration II can issue and renew the permit.

Tourists and Visitors who intend coming into Nigeria could utilize Tourist Visa or Visiting Permit. Both visas are applicable to expatriates visiting Nigeria for tourism, recreation, leisure or to visit friends and family. They are usually issued for a three-month period (subject to any extension) and do not allow for employment or similar activity. It is obtained at the relevant Nigerian Mission and usually valid for 90 days.

Expatriates who are under a contract of employment require an STR Visa for their entry. STR Visa must be regularized into a Combined Expatriate Residency Permit and Aliens Card (CERPAC) within 3 months of entry at any of the 36 designated centers in Nigeria. Failure to regularize attracts a penalty of N500, 000 and/or 3 years’ imprisonment. CERPAC is usually valid for a maximum period of 2 years but is usually granted for 1 year. A dependent of a CERPAC holder who is 18 years and above is required to furnish his data to the NIS and obtain a valid CERPAC. Where he resides in Nigeria before attaining 18, he is required to obtain his CERPAC within 21 days of turning 18. The validity of residence permit of dependents of CERPAC holder cannot exceed that of the holder. Companies with expatriate employees must submit monthly returns to the NIS.

Failure to file the required returns attracts a fine of 3 million naira for the corporate entity and a further 1 million naira or imprisonment up to one year for the corporate representative (director, manager or secretary). Upon disengagement, the employer company is required to obtain a release letter from the NIS in respect of a disengaged expatriate confirming their abdication of immigration responsibilities in respect of such expatriate.

Expatriates with professional competences are required to undergo a listing procedure with their equivalent Nigerian professional bodies in order to function in their professional capacities. Non-compliance constitutes a violation of the terms of their entry and stay in Nigeria. Similarly, all resident expatriates must register, in person, with the Nigerian Identity Management Commission. This requirement is partly borne out of the need to put in place an accurate statistic on foreigners living in Nigeria underpins this requirement.

As the Nigerian Government intensifies efforts at making the country the preferred destination for Investors, tourist and other legal migrants, it is important that Expatiates and migrants keep abreast of the recent happenings in the Nigerian immigration landscape and to note the measures and policies introduced further to the socioeconomic vision of the Federal Government.

Sufficient attention should be given to issues relating to expatriate employment and associated travel protocols by firms who seek the services or expertise of foreigners to optimize their human resource capital. Flexibility and adaptability to evolving trends in the Nigerian immigration space are critical. It is recommended that these companies seek professional advice and assistance to ensure they are properly guided and kept abreast of trends.