Work Permit Application (Nigeria)

A Work Permit Application in Nigeria records the particulars needed to apply for the registration, permit or approval it concerns.

Foreign nationals intending to work in Nigeria must obtain two distinct authorisations: first, a Subject to Regularisation (STR) visa issued by the Nigerian consulate or high commission in the applicant's home country, which permits entry into Nigeria for employment purposes; and second, a Combined Expatriate Residence Permit and Aliens Card (CERPAC), issued by the Nigeria Immigration Service under the CERPAC Regulations 2007 (as amended), which serves as the work and residence permit for the duration of employment in Nigeria. The CERPAC is valid for 2 years and renewable annually thereafter.

The Expatriate Quota is a distinct requirement under the Companies and Allied Matters Act 2020 (CAMA 2020) and the Ministry of Interior regulations. Under the Expatriate Quota regime, a Nigerian company must obtain approval from the Ministry of Interior for a specific number of expatriate positions before hiring foreign nationals. The quota approval specifies the positions approved (e.g., "Managing Director", "Technical Director", "Finance Manager"), the number of slots, and the skills transfer obligations to Nigerian counterpart staff. No foreign national may be employed in Nigeria unless the employer holds a valid Expatriate Quota for the specific position.

The Nigeria Immigration Service, established under Section 2 of the Immigration Act 2015, has offices at all ports of entry and in all 36 states of the Federation and the FCT. The NIS is responsible for issuing and renewing CERPACs, enforcing immigration laws, and deporting illegal immigrants and overstayers. Employers who employ foreign nationals without valid work permits face prosecution under Section 56 of the Immigration Act 2015, with penalties including fines and imprisonment.

The Business Permit — issued by the Ministry of Interior under the Companies and Allied Matters Act 2020 — is a separate but related requirement for foreign-owned companies operating in Nigeria. A company with more than 40% foreign shareholding must hold a valid Business Permit before applying for an Expatriate Quota, under the Ministry of Interior's conditions for quota approval.

The legal framework governing the Work Permit Application (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Work Permit Application (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Immigration Act 2015 sets the foundational requirements.

A Work Permit Application in Nigeria is required whenever a Nigerian company or foreign-owned company registered with the Corporate Affairs Commission (CAC) intends to employ a non-Nigerian citizen in any capacity.

A Work Permit Application is needed when a multinational corporation with a Nigerian subsidiary — registered under the Companies and Allied Matters Act 2020 (CAMA 2020) — wishes to second an expatriate manager or technical specialist from the parent company to the Nigerian entity. The Nigerian subsidiary must hold an Expatriate Quota approval from the Ministry of Interior for the specific role before the secondment begins.

A Work Permit Application is required when a foreign investor who has received a Business Permit from the Ministry of Interior to operate in Nigeria wishes to serve as a director or officer of their own Nigerian company. Under Section 10 of the Immigration Act 2015, foreign nationals are prohibited from working in Nigeria without a valid CERPAC, even as directors of their own companies.

A Work Permit Application is needed in the oil and gas sector, which is the largest employer of expatriate labour in Nigeria. Companies holding licences from the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) or the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) regularly apply for expatriate quotas for drilling engineers, geologists, subsea engineers, and project managers who are not available in the Nigerian labour market.

A Work Permit Application is required when a foreign national who entered Nigeria on a business visa (Business Visa or Temporary Work Permit under the Immigration Regulations 2017) accepts a permanent employment offer from a Nigerian company. The Business Visa (valid for 90 days) does not permit employment, so a change of status to STR visa and subsequently CERPAC is mandatory before work can commence.

A Work Permit Application is needed when an international NGO, development agency, or United Nations body operating in Nigeria under a Host Country Agreement wishes to employ foreign technical or programme staff. These organisations apply for Diplomatic or Official CERPAC through the Ministry of Foreign Affairs in addition to the NIS process.

Parties in Nigeria should prepare a Work Permit Application (Nigeria) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A complete Nigeria Work Permit Application package must contain the following essential elements to satisfy the Nigeria Immigration Service (NIS) and Ministry of Interior requirements.

Employer details: The full registered name of the Nigerian employer company, Corporate Affairs Commission registration number (RC number), Tax Identification Number (TIN), registered office address, nature of business, and a copy of the Certificate of Incorporation and Memorandum and Articles of Association. For foreign-owned companies, a copy of the Business Permit issued by the Ministry of Interior is required before a quota application can be processed.

Expatriate Quota approval: The valid Expatriate Quota approval letter from the Ministry of Interior, specifying the position approved, the quota number, and the expiry date of the quota approval. Under the Ministry of Interior's Expatriate Quota guidelines, quotas are approved for a maximum of 2 years and must be renewed. The employer must demonstrate that the expatriate position requires skills not readily available in the Nigerian labour market.

Applicant's passport details: Full name, date of birth (DD/MM/YYYY), nationality, passport number, passport expiry date, and country of issuance of the foreign national. Under Section 15 of the Immigration Act 2015, a valid international passport with a minimum of 6 months' validity is required for all immigration applications.

STR Visa reference: The Subject to Regularisation (STR) visa number and the Nigerian consulate or high commission that issued it, together with the date of entry into Nigeria. The STR visa must be obtained before the foreign national's entry into Nigeria and specifies the approved position and employer.

Educational and professional qualifications: Certified copies of the applicant's educational certificates, professional qualifications, and work experience relevant to the approved expatriate position. These establish that the applicant meets the skills requirements justifying the expatriate quota approval.

Medical fitness certificate: A medical fitness certificate issued by a government hospital or a NIS-accredited private hospital in Nigeria, confirming the applicant is free from communicable diseases. Required under the Immigration Regulations 2017 for all CERPAC applications.

Skills transfer plan: A written plan detailing how the foreign national will transfer their technical skills to Nigerian counterpart staff during the period of their employment. This is a mandatory condition of Expatriate Quota approval under the Ministry of Interior guidelines and is part of the Nigerian government's local content policy under the Nigerian Oil and Gas Industry Content Development Act 2010 (for oil and gas sector employers).

Employment contract: A copy of the signed employment contract between the employer and the foreign national, stating the position, salary in Nigerian Naira (NGN) or foreign currency, duration of employment, and place of work. The contract must be consistent with the approved expatriate quota position.

Additional compliance elements for a Work Permit Application (Nigeria) used in Nigeria include: Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.