IMMIGRATION PRACTICE AND PROCEDURE IN NIGERIA ABOLITION OF RE-ENTRY VISA BY THE NIGERIA IMMIGRATION SERVICE
The Nigerian Immigration Service (NIS), an agency under the Federal Ministry of Interior, is charged with the responsibility of regulating and approving the immigration and emigration of expatriates as well as granting visas and entry permits into Nigeria. The mandate of the NIS is hinged on the tripod necessity of advancing the security wellbeing of the citizenry, enhancing the in-flow of requisite skills and know-how required to drive the Nigerian economy as well as preventing indiscriminate employment of under-qualified immigrants with its attendant negative consequences.
In a bid to enhance foreign direct investment and engender economic growth, the Nigerian government continues to focus on creating an enabling investment-friendly environment, such that will ensure the easy inflow of both capital and labour without undue restrictions. The quest for economic development and pursuit of foreign direct investment notwithstanding, no country is likely to grant unrestricted ingress and egress or uncontrolled movement of manpower. It is in this regard that Section 8 of the Immigration Act imposes restrictions on the employment of expatriates in Nigeria and stipulates sanctions for non-compliance.
Expatriates desiring to work in Nigeria must first be placed on a valid Expatriate Quota in addition to being issued with a Subject to Regularization (STR) visa. Upon entry to Nigeria, such expatriate is mandated to regularize the STR Visa by applying for and processing a Combined Expatriate Residency Permit and Aliens Card (CERPAC). The application for and issuance of the CERPAC confers the right to live and work in Nigeria.
However, following compliance with the above requirements and eventual entry into Nigeria, Immigration rules require that such expatriate be issued with a Re-entry visa to guarantee the expatriate’s further exist and re-entry into the country. A Re-Entry Visa is a permit granted to an expatriate employed by a company or organization registered in Nigeria which enables the expatriate leave and re-enter the country depending on the reciprocal treatment from the expatriate’s home county. It is often processed alongside the CERPAC and Expatriates were required to pay for both the CERPAC and the Re-Entry Visa. A Re-Entry Visa cannot be issued to holders of other forms of short term visas like Short Visit Visa, Tourist Visa, Business Visa or Temporary Work Permit.
In essence, possession of CERPAC would not constitute complete or “valid travel documents” as contemplated in Section 2 of the Immigration Act. Possession of a valid Re-Entry Visa, duly affixed on the Expatriate’s International Passport was therefore mandatory.
It had been suggested that the requirement for a re-entry visa following the issuance of a CERPAC is an overkill which, essentially generated additional revenue for government, but imposed additional burden on the expatriate.
Consequently, in deference to feedback and in order to align with international best practice as well as ‘to ensure improved facilitation in the issuance of immigration facilities to expatriates and their employers in Nigeria, the Nigerian Immigration Service through abolished Re-Entry Visas for Expatriates who have been issued a valid CERPAC. In addition to conforming to global best practice, the abolition removed what was thought as “unnecessary baggage” in the promotion of an efficient skills-transfer framework. It also removed the additional cost associated with the procurement of the visas which are imposed on a reciprocal arrangement.
With the abolition, Nigerian Immigration Service has again given indication that it takes feedback seriously and is committed to being in tune with global best practice.
The abolition however came with a mandatory requirement that all holders of valid temporary CERPAC (paper form) should have it processed into the permanent green card within ninety days of the issuance of the temporary card. Thus, with effect from the 13th of April 2015, the Service required that the CERPAC Card be the only authorization for re-entry into Nigeria for expatriates working in Nigeria.
The insistence on the possession of CERPAC as a valid entry document has thrown up the concern by many on the preparedness of the Service to ensure and sustain timely processing of CERPAC Cards to qualified expatriates. To address this concern the NIS had assured both expatriates, investors and the general public that the process for the issuance of CERPAC will be expedited as the Service is collaborating with key private sector partners to ensure that the turn-around-time is abridged.
For more details, please contact Chinedu Ozor.
Ozor Chinedu is the Head Immigration Services at DCSL Corporate Services Limited.
+2348055402929, +2348055371550
www.dcsl.com.ng ; twitter handle @dcslnigeria