Review of Nigeria's Immigration Regulations 2017

Review of the Immigration Regulations 2017

The Nigerian Immigration Regulations 2017 (the Regulations) was recently released. The objectives of the Regulations are:

-  To provide a legal framework for the effective implementation of the Immigration Act 2015;

-  To consolidate existing Immigration Regulations.

However, there are other implications arising from the regulations, especially for businesses and expatriates. This review will highlight the relevant provisions bordering on businesses and expatriates.

Key Takeaways

Business Permits

The Regulations codify the requirement to obtain a Business Permit for foreigners who intend to establish a business, profession or trade in the country. However, this does not grant the holders a right of residence within the country. Companies are expected to still bear immigration responsibility with respect to work/residence permit, in addition to obtaining a business Permit.

Any change in the name, nature or address of the business to which the Permit relates must be communicated to the Minister or Comptroller-General within twenty-one days of the change. Where Companies change names, relocate there operations or move offices, it is expected that a notification is made to the Federal Ministry of Interior (FMI) or Nigeria Immigration Service (NIS), as the case may be within 21 days.

Also important to note is the Power of the Minister to revoke, cancel or vary a Business Permit at any time. Wide powers have been conferred on the Minister of Interior – it is however unclear the basis on which the Minister may exercise his discretion to revoke, cancel or vary a business permit

Residence Permits

Residence permits will be granted to persons who have obtained lawful entry into the country. These are temporary and have a maximum validity period of 2 years. Expatriates may be issued a 2 years residence permit, so long as the Expatriate Quota remains valid for that duration.

Another key point is that foreign nationals who have imported an annual minimum ‘threshold of capital’ over a period of time may be issued a Permanent Residence Permit, as long as the investment is not withdrawn and other prescribed conditions are met.

The Regulations do not provide the time period and the minimum capital requirements to obtain the permanent residence permit. Further clarification and operational guidelines will still be required on this new category “Permanent Residence Permit”

ECOWAS Card

Residency and Registration of ECOWAS Nationals becomes critical when obtaining an ECOWAS card, it is expected that ECOWAS Nationals desirous of residing and working in Nigeria must register at the NIS Command in their place of residence. It is quite clear there is an emphasis for registration on the basis of residency.

Visitors Permit

Visitors to Nigeria can obtain a permit that allows them to stay in Nigeria for a period not exceeding ninety days. The port of entry, date of entry and period of stay will be endorsed on the permit. The issuance of this permit is based on the possession of a return ticket or onward transportation ticket to another country by the applicant.

Transit Permit

Transit permits shall be issued for an initial period of seven days. However, they can be extended upon application to the relevant Immigration office before the expiration of the original permit. These extensions are not generally available and will be granted to only certain classes of persons (which are not specified) or in special cases of authorization by the Comptroller-General.

Temporary Work Permit (TWP)

The Regulations, unlike the former regulations, codifies provisions on the Temporary Work Permit. TWPs may be issued beyond stipulated quotas upon a letter of approval by the Comptroller-General.

Visa on Arrival

The Regulations states that visas can now be issued on arrival to any person, after approval of the Comptroller General.

Stay of Action

In practice, while an application for the renewal of an Expatriate Quota (EQ) is pending, the EQ could expire making the relevant expatriates, liable to deportation. The Regulations have codified a solution to this problem by providing that the Minister can issue a stay of action for such deportations. Eligibility for such stay is dependent on the existence of a pending application for the EQ(s).

Foreign Nationals Married to Nigerians

Foreign nationals who are married to Nigerians can obtain residence permits. These permits will serve as multiple re-entry permits, notwithstanding the class of visa such a foreigner holds.

Change of Status of Residence

Registered immigrants are required to give notice to an Immigration Officer in the State where they resides if:

-  there is any circumstance which changes the accuracy of his registered information;

-  they have to leave their residences for a period beyond seven days;

-  they intend to change residence from one state to another;

-  they intend to change residence within the same state.

Also, an immigrant who moves to a new state must, within seven days inform an Immigration Officer in that state.

Responsibilities House Holders

Householders of properties that immigrants reside are required to take reasonable measures to ensure immigrants’ compliance with the regulations. The failure of the immigrants to comply with the regulations entitles the householders to make a report to an Immigration Officer. Managers and owners of hotels and boarding houses are also expected to keep records, in the form of a register, of persons who stay in their lodgings.

By this provision, the Regulations impose a rule similar to the Know Your Customer (KYC) Guidelines in other industries. While the Regulations state that householders should reasonably ensure compliance with all the regulations, it is doubtful that this can be practically enforced. Beyond ensuring that their tenants are not in the country illegally and keeping proper records, a lessor or a landlord will not be expected to go above and beyond in ensuring his/her tenant complies with all the regulations.

Powers of Immigration Officers

Several powers have been granted to Immigration officers under the Code. These are enumerated below:

-  Power of examination;

-  Power to demand for particulars of immigrants

-  Power of arrest (with or without warrant), detention or prosecution;

-  Power of search

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