Immigration Offences and Penalties in Nigeria

Offences and Penalties

Knowledge of the following offences in the Regulations is important for expatriates and multinational companies.

a. Offences Relating to Renewal of Permits

Any expatriate who fails to apply for:

-  a regularization of stay within three months;

-  renewal of Business Permits, Transit Visas, Visitors Pass or Temporary Work Permits after expiration or

-  a renewal of his/her residence permit, thirty days after its expiration, will be liable to a fine of Five Hundred Thousand Naira (approximately One Thousand

Six Hundred Dollars) and/or an imprisonment term of three years.

It is important to note that prior to the issuance of these Regulations, there was no requirement of renewal of Business Permits. They were issued as a one-off permit.

Subsequently, guidance on the modalities of the renewal of these permits will have to be obtained from the Ministry of Interior.

b. Offences by Body Corporates

-  For body corporates, if an offence occurs based on the instigation, connivance or neglect of an officer of the body, the officer shall be liable to imprisonment of three years and/or a fine of Two Million Naira (approximately Six Thousand Five Hundred Dollars). A body corporate convicted of an offence under the Immigration

Act is also liable to a fine of Five Million Naira (approximately Sixteen Thousand Three Hundred Dollars) and may be wound up by Court Order. However, proof of due diligence or unawareness of any connivance may act as a defense for officers of a body corporate.

-  Also, corporate bodies that refuse to renew their EQs within stipulated periods or render EQ Monthly Returns are liable to a fine of Three Million Naira (approximately Nine Thousand Eight Hundred Dollars). Companies with expatriate quotas are required to employ Nigerians to understudy expatriate employees. Failure by a corporate body to comply with this provision makes it liable to a fine of Three Million Naira (approximately Nine Thousand Eight Hundred Dollars) for each month the position has been occupied without an understudy. The relevant expatriate employees will also be deported.

-  Furthermore, the practice of allowing the utilization of one company’s quota positions by another company (quota trafficking) is expressly prohibited. It is necessary for HR Managers and Secretaries of companies to take note of these provisions.

c. Enabling Illegal Residence

A person who, for material or financial benefits, facilitates, procures or enables the illegal residence of a non-citizen in the country via fraudulent permits is liable to an imprisonment term of ten years and/or a fine of One Million Naira (approximately Three Thousand Two Hundred Dollars).

d. Obstruction of Justice

-  If any person interferes with evidence, witnesses or exhibits such as to obstruct justice, that person is liable to a term of fourteen years in prison and/or a fine worth Two Million Naira (approximately Six Thousand Four Hundred Dollars)

Conclusion

Two key points arise from the Immigration Regulations:

-  Upon the implementation of the Regulations, immigration into the country will be stricter with reduced opportunities of circumventing the procedures.

-  Multinationals and relevant company HR officers need to ensure that the rules on EQs and other permits are well complied with, for the benefit of their companies and expatriate employees.

For more information on Immigration service in Nigeria, Expatriate quota application, Business & Residence Permits etc.
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