The Immigration Act, 2015
The Immigration Act, 2015, serves as the foundational legislation governing immigration in Nigeria. This Act confers authority on the Nigerian Immigration Service (NIS), led by the Comptroller General of Immigration, to oversee the Act’s implementation. The Act encompasses the control of individuals entering and leaving Nigeria, border surveillance, issuance of travel documents, and enforcement of all immigration and emigration laws.
The Immigration Regulations, 2017
The Immigration Regulations, 2017, were established to provide a legal framework for the enforcement of the Immigration Act, 2015, and to replace the Immigration Regulations of 1963. These regulations introduce numerous compliance requirements that corporate entities employing foreign nationals must observe. Both companies and foreign employees need to be aware of the compliance issues and red flags highlighted in the regulations.
The Nigeria Visa Policy 2020
The Nigeria Visa Policy 2020 was introduced to align with the government’s Economic Recovery and Growth Plan (2017-2020), aimed at removing barriers to innovation and economic development. This policy seeks to enhance the business environment, attract foreign direct investment, and boost tourism while maintaining national security. It also aims to attract specialized skills and knowledge from abroad to complement local resources.
Types of Visa and Permit in Nigeria
The Immigration Act, 2015, and the Immigration Regulations, 2017, provide for various types of visas and permits for non-Nigerians seeking entry and residence in Nigeria. The Nigeria Visa Policy 2020 further expands the categories of visas into three main types: Short Visit Visas (SVVs), Temporary Residence Visas (TRVs), and Permanent Residence Visas (PRVs). The new policy increases the number of visa classes from six to 79, each with a specific code for processing.
Categories of Visas Under the New Visa Policy
Short Visit Visas: Allow foreign nationals to enter Nigeria for up to 90 days for purposes such as tourism, business meetings, sports, entertainment, and specialized services. There are 28 classes of short visit visas.
Temporary Residence Visas: Permit foreign nationals to reside in Nigeria for up to two years for purposes including employment, business establishment, and education.
Permanent Residence Visas: Enable individuals to live in Nigeria for up to five years or more, facilitating permanent residency for investors, retirees, and highly skilled individuals.
How to Apply for a Visa
Visa applications can be submitted to the Comptroller General of Immigration or to Nigerian diplomatic missions abroad. The Nigeria Visa Policy introduces additional channels for visa application:
1.Visa on Arrival (VoA): Available at Nigerian ports of entry for certain classes of travellers, including frequent business travellers and emergency relief workers. Applicants make an online payment and undergo biometric enrolment at the port of entry.
- Online e-Visa Application: Visitors apply online via the NIS website, receive approval and an Electronic Travel Authorisation Letter (eTAL) within 48 hours, and must obtain this pre-approval before traveling to Nigeria.
- Application at Nigerian Diplomatic Missions or Authorized Visa Application Centres: This method is available for all visa classes. Applications are made online, followed by submission of supporting documents and possibly an interview at the embassy or authorized visa application centres.
Prerequisites for Entry
According to Section 18 of the Immigration Act, 2015, an immigration officer will admit individuals into Nigeria if they possess:
1. A valid passport or approved travel document.
2. A valid visa, residence, work permit, or other approval.
However, entry can be denied if the required visa or permit is not valid, for medical reasons, if the individual is classified as a prohibited immigrant, or poses a risk to public health, public interest, or national security.
Regulatory Bodies in Charge of Immigration in Nigeria
The Nigerian Immigration Service (NIS): The NIS, headed by the Comptroller General of Immigration, is responsible for administering the Immigration Act. Its duties include controlling entry and exit, issuing travel documents, providing residence permits, border surveillance, law enforcement, and performing paramilitary duties.
The Federal Ministry of Interior: This ministry formulates and implements border management policies, supervises the NIS, and handles citizenship and expatriate quota matters.
Other Relevant Authorities
The Nigerian Investment Promotion Commission (NIPC): Promotes and monitors investments in Nigeria and liaises with various government bodies.
The Corporate Affairs Commission (CAC): Administers the Companies and Allied Matters Act, impacting foreign participation in Nigerian enterprises.
The Securities and Exchange Commission (SEC): Regulates foreign investment in Nigerian capital markets.
The Federal Inland Revenue Service (FIRS): Collects corporate taxes and oversees state internal revenue services, which collect personal income taxes from foreign employees.
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