Due Diligence & Immigration Law: Procedure for Obtaining Expatriate Quota for Foreigners from Nigerian Immigration Service and Nigerian Investment Promotion Commission

The legal power under the Nigeria relevant laws to grant and approve Expatriate Quota to foreigners working in Nigeria is specifically assigned to Nigerian Immigration Service (Ministry of Interior) and Nigeria Investment Promotion Commission.

NIPC normally processes expatriate quota applications alongside applications for a business permit using the same documents for both. The Nigerian Immigration Service under the Ministry of Interior simply grants quota positions without requesting evidence of business permit.

 

PROCEDURES FOR OBTAINING EXPATRIATE QUOTA WITH NIS

Application to NIS for expatriate quota is made on immigration form T/1 supported by five (5) copies each of the following documents:

  • Duly Registered Company (Certificate of incorporation)
  • Evidence of acquisition of operating premises
  • Memorandum and articles of association
  • Project implementation programme
  • Training programme for Nigeria employees
  • Certificate of capital importation
  • Current Tax Clearance certificate
  • List of company assets;
  • Profile of expatriate personnel detailing their qualifications and experience, positions to be held in the company and duration of each quota position; and
  • Technical service agreement (if any).
  • For application in an oil industry service company, a permit to operate in the oil industry issued by the department of petroleum resource (DPR), will be required in addition to the above documents before the application will be processed.

For the approval, designated directors are required to attend a meeting to defend the quota requirement with a committee set up by NIS in Interior ministry.

 

PROCEDURE FOR OBTAINING EXPATRIATE QUOTA WITH NIPC

Application to NIPC for expatriate quota is made on NIPC Form I supported by a copy each of the following documents:

  • Memorandum and articles of association
  • Certificate of incorporation
  • Current Tax Clearance Certificate;
  • Evidence of capital importation e.g. a certificate of capital importation, if available;
  • Partnership/joint venture agreement the responsibility structure;
  • Feasibility study report (for joint venture companies)
  • Evidence of acquisition of business/factory premises;
  • Evidence of acquisition of operating equipment and machinery, such as motor vehicles, business machines, etc. (if any);
  • Receipt to operate in the oil industry i.e. DPR Permit (for oil service companies)
  • Project implementation programme
  • Profile of expatriate personnel detailing their qualifications and experience, positions to be held by them in the company and the duration of each quota position and
  • Letter awarding construction contract (for construction companies).

Procure NIPC FORM 1 upon payment of statutory fees.  Liaise with the NIPC staff at this point to ensure an early collection of the Quota approval. Note that another fee payable for each approval quota position is also included.

Bam and Gad Solicitors, a foremost law firm in Lagos, Nigeria rendering best immigration law services and due diligence for companies, individuals & government agencies will assist to procure all the above and handover the completed approvals to you.

 

https://bamandgadsolicitors.com.ng

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