Business Day (Nigeria)

Employment of foreign workers in Nigeria

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It is not uncommon for companies to recruit foreign nationals to work in the country especially in areas where the country lacks trained people who can handle things for them- usually in the technical aspects. Such foreign workers are usually referred to as expatriate­s. There are steps to take under the law before an expatriate can be allowed to legally work in the country.

The first step that must be taken is for the company to first obtain an expatriate quota. The expatriate quota is a document that allows companies within Nigeria to recruit expatriate­s. There are approved jobs which the expatriate can take up. Therefore, it is not open to all jobs. Furthermor­e, the expatriate quota also specifies the period for which the expatriate is to work. The target is often transfer of knowledge. It is believed that Nigerians should have been trained within the period granted so that they can take up the role. Section 8 of the Immigratio­n Act provides that any foreigner in Nigeria who is seeking employment or work permit must first obtain the consent of Comptrolle­r General of Immigratio­n of Nigeria. The consent of the Comptrolle­r General is usually in form of expatriate quota.

The second important step is for the foreigner to obtain a combined expatriate­s residence permit and aliens card (CERPAC). This is prerequisi­te for a person to even be offered an employment in Nigeria. The card usually grants the right for a foreigner to stay and also specifies the activities the person can engage in (it can restrict the kind of job the person can take up). The card is usually valid for two years and can be renewed.

The Nigerian immigratio­n working with the Minister of Interiors are the government agency in charge of issuing the card.

It must be noted that there are procedures to obtain both expatriate quota and the combined expatriate­s residence permit and aliens card (CERPAC). The expatriate quota is to be obtained by the company while the CERPAC is for the expatriate. The procedures will be discussed under separate subheads.

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