Immigration and Citizenship

by Oserogho & Associates

In this Issue:-

1. Legal Alert – May 2013 – Immigration and Citizenship

2. Disclaimer Notice.

3. Copyright Notice.


The Immigration Act, CAP I1, Laws of the Federation of Nigeria, 2004 provides the legal and regulatory framework for the entry and departure of persons into or out of Nigeria; usually for economic and social reasons.

The Immigration Act provides that persons entering into Nigeria, or leaving Nigeria, are required to be examined by an Immigration Officer, who may, on the information provided, refuse admission to any non-Nigerian citizen in any proper case.

No person, other than a citizen of Nigeria, shall accept any employment (other than employment with the Federal Government of Nigeria or with any State Government in Nigeria), or to on his own account or in partnership with any other person, start any business in Nigeria without the written consent of the Minister of Interior. Failure to obtain such consent is an offence which on conviction attracts deportation of the individual concerned as a prohibited immigrant.

The spouse and dependants of a person issued with an entry and work permit are also entitled to the issuance of the appropriate entry permit other than for employment purposes.

Residence Permits

The Immigration Act provides that any Commonwealth citizen or citizen of Eire (more commonly known as the Republic of Ireland), may enter into Nigeria for the purpose of residence on the production of a Residence Permit, with his other travel documents, signed by or on behalf of the Director of Immigration, subject to such conditions as may be endorsed on the permit.

Unless exempted under the Immigration Act, an applicant for Residence Permit must produce a Bond as security, in such amount as the Minister of Interior may prescribe, and supply such supporting information as the Director of Immigration may reasonably require, before a Residence Permit, with or without conditions, is issued.

The Minister of Interior is authorised to prescribe the conditions for entry into Nigeria and the fees payable in respect of such authorised entry, that is, Visa, Permit or any such travel document.

Whenever the requirements for the issuance and the conditions of a Residence Permit are breached, the Minister of Interior is at liberty to require the infringing individual to leave Nigeria and to forfeit the Bond provided in the contingent event of the breach of the residence permit condition(s).

Employment of Immigrants – Expatriate Quota

Any person in Nigeria, desirous of employing a person who is a national of another country, with such skills and competencies which are otherwise unavailable in Nigeria, or which are in short supply, shall, unless exemption is granted, apply to the Director of Immigration for permission for the immigrant to come to Nigeria to resume such employment. Such work permit, more commonly subsumed under the Expatriate Quota/CERPAC regime, may be granted on such terms and conditions as the Ministry of Interior may prescribe; and such work permit may be replaced, re-issued, revoked or its conditions varied in the public interest; that is, there are Nigerians with the skills and competencies for the position that the immigrant is applying for.

The average tenure of an expatriate quota position is ten (10) years while the initial renewable term is two to three years. This is in the light of the Nigerianisation policy which requires that at least two Nigerians must always serve as understudies to each expatriate permitted to work in Nigeria. However, expatriates issued with permanent until reviewed (“PUR”) permits may not be affected by this rule.

It is an offence for any expatriate employee to change his employment in Nigeria without notice to, and approval of the Director of Immigration. It is also an offence for an employer to terminate the employment of an expatriate employee liable to repatriation without first giving notice of such termination to the Nigerian Immigration Service.

Penalties for any breach of any of the provisions of the Immigration Act include fines, terms of imprisonment and deportation. Where a business owner, who is not a Nigerian citizen, is deported, his business in Nigeria may on his deportation be wound up on an application made by the Minister of Interior to a High Court in Nigeria; and a Receiver, or a Manager, or a Receiver/Manager is subsequently appointed by the High Court on such conditions as the Court thinks fit, to wind up such a business.

Business Permits

Any non-Nigerian intending to establish a profession, business or trade in Nigeria must apply for and obtain a Business Permit from the Ministry of Interior before establishing any such enterprise; and any changes in such a business, from its name to its address, etc, must be communicated in advance to the Ministry of Interior.

The possession of a Business Permit does not however authorise the holder of the Business Permit to enter into or remain in Nigeria unless suc

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Oserogho & Associates | Attorney Advertising

Written by:

Oserogho & Associates

Oserogho & Associates on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.