The Nigerian government grants foreign nationals who have found employment in Nigeria a temporary entry visa known as the Subject to Regularization (STR) Visa. It serves as a transitional step, enabling individuals to enter the country while finalizing the required formalities for a long-term work and residency permit.
Key Features of the STR Visa:
- Employment-Based: Designed for individuals with confirmed employment from a Nigerian company. Requires a job offer or employment contract.
- Expatriate Quota Requirement: Applicants must have a valid Expatriate Quota, which is obtained by the Nigerian employer. This quota ensures the employer is authorized to hire expatriates.
- Work Permit Process: The STR visa is valid for up to 90 days, during which the holder must initiate the process for obtaining long-term work authorization.
- Conversion to CERPAC: Within 90 days of arrival, STR visa holders must apply for the Combined Expatriate Residence Permit and Alien Card (CERPAC) for extended stay and work authorization. Approval of the CERPAC is required to legally work and reside in Nigeria.
- Dependent Visas: Immediate family members (spouse and children) can apply for dependent STR visas to accompany the primary visa holder.
- Employment Restrictions: The visa is tied to the specific employment contract submitted during the application. Changing employers or roles may require a new STR visa or work permit.
Requirements for STR Visa:
- Employment Letter: Issued by a Nigerian employer with approved expatriate hiring authorization.
- Offer Acceptance Letter from the applicant.
- Expatriate Quota Approval to confirm the employer's capacity to hire foreign nationals.
- Company Documents: Incorporation documents of the inviting company.
- Personal Documentation: Valid passport (with at least 6 months validity).
Passport-sized photographs.
Invitation Letter from the employer.
Educational certificates and professional qualifications.
Police clearance certificate.
Medical certificate. Yellow fever vaccination certificate.
Duration of the STR Visa:
- Valid for up to 90 days.
- During this period, the holder must complete all formalities for a CERPAC to extend their stay and work legally.
This visa ensures a structured entry for expatriates into Nigeria while maintaining compliance with local employment and immigration laws.
Processing of Expatriate Quotas in Nigeria
The Expatriate Quota is a regulatory mechanism established by the Nigerian government to enable companies to employ foreign nationals in roles requiring specialized skills that are scarce or unavailable locally. This framework supports economic development while prioritizing the growth and training of Nigerian workers.
Key Features of the Expatriate Quota System
1. Purpose and Objectives:
- Skill Transfer: Facilitates the transfer of expertise from expatriates to Nigerian employees.
- Local Employment Promotion: Ensures expatriates are hired only when no qualified Nigerians are available for the position.
- Economic Growth: Attracts foreign expertise to sectors critical for national development, such as oil and gas, telecommunications, and manufacturing.
- National Interests Protection: Regulates the number of expatriates to avoid dominance in critical sectors.
2. Application Process:
- Business Incorporation: Companies must be registered with the Corporate Affairs Commission (CAC) and meet specific requirements, including a minimum paid-up capital of ?100 million for wholly foreign-owned or joint venture companies.
- Justification of Need: Companies must prove that the skills required are unavailable locally and provide a plan for training Nigerians to eventually take over these roles.
- Documentation: Applicants must submit supporting documents such as: Tax clearance certificates. Financial statements. Evidence of imported machinery or equipment (where applicable).
- Approval and Issuance: Upon approval, an expatriate quota is granted, specifying the number of expatriates allowed and the duration of their employment.
3. Compliance and Monitoring:
- Training Programs: Companies are mandated to train Nigerian employees as part of their quota compliance to ensure skills transfer.
- Monthly Returns: Companies must submit monthly reports detailing the utilization of expatriate quota positions.
- Inspections and Audits: Regulatory authorities conduct regular audits to ensure adherence to the quota system.
4. Penalties for Non-Compliance:
- Renewal Delays: Failure to renew quotas on time may result in fines.
- Understudy Requirements: Non-compliance with hiring and training Nigerian understudies can attract penalties.
- False Documentation: Submission of fraudulent documents or information can lead to hefty fines or imprisonment in severe cases.
Conclusion
The expatriate quota system is a cornerstone of Nigeria’s immigration policy. It ensures that the employment of foreign nationals is strategic, fosters economic growth, and complements the development of local talent. The system underscores the importance of balancing foreign expertise with the empowerment of the Nigerian workforce.
At the same time, processes like the STR visa provide a temporary framework, enabling expatriates to enter the country while completing the requirements for long-term employment and residency permits.
By the Immigration Law Team at Resolution Law Firm
Tel/WhatsApp: +2348099223322
