A country willing to employ foreigners in Nigeria is required to show that there is scarcity of Nigerian professionals who can fill the specified role. The company is required to apply for expatriate quota which is a permit issued by the Ministry of Interior. This permit is granted for a period of 2 or 3 years which may be renewed upon application to the Minister of Interior.
Please note that a company is required to apply for expatriate quota to enable a foreigner fill a role within the company therefore the permit is issued to the company and not the foreigner. While a company may hire any foreigner using the same expatriate quota, it is illegal for the company to employ beyond the number of expats granted by the expatriate quota. For the purposes of renewing a CERPAC or extending temporary work permit of a foreigner, the hiring company’s expatriate quota must remain valid.
Upon issuance of an expatriate quota to a company, the law requires that a particular number of Nigerians must understudy the expat and a monthly quota returns must be filed at the Nigeria Immigration.
The documents required for obtaining an expatriate quota include:
- Completed registration form
- Certificate of incorporation, memorandum and articles of association of the company, share capital and particulars of directors (CO7).
- Feasibility report which is to be registered with CAC.
- Audited report of the company and bank reference letter.
- Evidence of acquisition of business premises – tenancy agreement or lease agreement.
- Particulars of training programs for Nigerians.
- List of Nigerians working in the company to understudy the expatriate.
- Business permit.
- Evidence of payment of prescribed fees.